Full Text of SB1011 100th General Assembly
SB1011sam001 100TH GENERAL ASSEMBLY | Sen. Karen McConnaughay Filed: 4/27/2017
| | 10000SB1011sam001 | | LRB100 07596 MLM 25636 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1011
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1011 by replacing | 3 | | everything after the enacting clause with the following:
| 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 ; and except or for projects | 11 | | constructed under the Bikeway Act ; and except for projects, as | 12 | | set forth in Section 1 of this Act, constructed by the | 13 | | Department of Transportation where title to all the lands | 14 | | needed and where full legal possession has not been obtained as | 15 | | provided in this Section but a right of entry to occupy and to | 16 | | use the property has been voluntarily obtained in the name of |
| | | 10000SB1011sam001 | - 2 - | LRB100 07596 MLM 25636 a |
|
| 1 | | the State of Illinois, through the Department of | 2 | | Transportation, from the property owner: , any person or
| 3 | | persons, commissioner or commissioners, or other officer or | 4 | | officers, entrusted
with the construction or repair of any | 5 | | public work or improvement, as set forth
in Section 1, who | 6 | | shall expend or cause to be
expended upon such public work or | 7 | | improvement, the whole or any part of the
moneys appropriated | 8 | | therefor, or who shall commence work, or in any way
authorize | 9 | | work to be commenced, thereon, without first having obtained a
| 10 | | title, by purchase, donation, condemnation or otherwise, to all | 11 | | lands
needed for such public work or improvement, running to | 12 | | the People of the
State of Illinois; such title to be approved | 13 | | by the Attorney General, and
his approval certified by the | 14 | | Secretary of State and placed on record in
his office, shall be | 15 | | deemed guilty of a Class A misdemeanor.
| 16 | | (b) Approval of title by the Attorney General for all lands | 17 | | needed for
a public work or improvement shall not be required | 18 | | as established under
subsection (a) of this Section and the | 19 | | State Comptroller may draw warrant
in payment of consideration | 20 | | for all such lands without requiring approval
of title by the | 21 | | Attorney General if consideration to be paid does not
exceed | 22 | | $10,000 and the title acquired for such lands is for:
| 23 | | (1) a fee simple title or easement acquired by the | 24 | | State for highway
right-of-way; or
| 25 | | (2) an acquisition of rights or easements of access, | 26 | | crossing, light,
air or view to, from or over a freeway |
| | | 10000SB1011sam001 | - 3 - | LRB100 07596 MLM 25636 a |
|
| 1 | | vested in abutting property; or
| 2 | | (3) a fee simple title or easement used to place | 3 | | utility lines and
connect a permanent public work or | 4 | | improvement owned by the State to main
utility lines; or
| 5 | | (4) for the purpose of flood relief or other water | 6 | | resource projects.
| 7 | | (c) This Section does not apply to any otherwise lawful | 8 | | expenditures
for the construction, completion, remodeling, | 9 | | maintenance and equipment of
buildings and other facilities | 10 | | made in connection with and upon premises
owned by the Illinois | 11 | | Building Authority, nor shall this Section apply
to | 12 | | improvements to real estate leased by any State agency as | 13 | | defined in
the Illinois State Auditing Act,
provided the | 14 | | leasehold improvements were contracted for by an agency with
| 15 | | leasing authority and in compliance with the rules and | 16 | | regulations promulgated
by such agency for that purpose.
| 17 | | (d) This Section does not apply to any public work or | 18 | | improvement project, as set forth in Section 1 of this Act, by | 19 | | the Department of Transportation or the Illinois State Toll | 20 | | Highway Authority, and constructed under: (1) a design-build | 21 | | contract; (2) a contract with a construction manager or general | 22 | | contractor; (3) a public-private agreement as authorized by the | 23 | | Public-Private Partnerships for Transportation Act; or (4) any | 24 | | alternative technical concepts project delivery method. | 25 | | (Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
|
| | | 10000SB1011sam001 | - 4 - | LRB100 07596 MLM 25636 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|