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.)