State of Illinois
2023 and 2024


Introduced 2/9/2024, by Sen. Robert F. Martwick


30 ILCS 545/2  from Ch. 127, par. 132.52

    Amends the Public Contract Fraud Act. Provides that the Attorney General need not approve the title for lands needed for public works or improvements if the consideration paid does not exceed $25,000 (currently, $10,000). Effective immediately.

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SB3633LRB103 36328 HLH 66426 b

1    AN ACT concerning State government.
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 $10,000 and the title acquired for such
9lands 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
21expenditures for the construction, completion, remodeling,
22maintenance and equipment of buildings and other facilities
23made in connection with and upon premises owned by the
24Illinois Building 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.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.