Sen. Karen McConnaughay

Filed: 4/27/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1011

2    AMENDMENT NO. ______. Amend Senate Bill 1011 by replacing
3everything after the enacting clause with the following:
 
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; and except or for projects
11constructed under the Bikeway Act; and except for projects, as
12set forth in Section 1 of this Act, constructed by the
13Department of Transportation where title to all the lands
14needed and where full legal possession has not been obtained as
15provided in this Section but a right of entry to occupy and to
16use the property has been voluntarily obtained in the name of

 

 

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1the State of Illinois, through the Department of
2Transportation, from the property owner: , any person or
3persons, commissioner or commissioners, or other officer or
4officers, entrusted with the construction or repair of any
5public work or improvement, as set forth in Section 1, who
6shall expend or cause to be expended upon such public work or
7improvement, the whole or any part of the moneys appropriated
8therefor, or who shall commence work, or in any way authorize
9work to be commenced, thereon, without first having obtained a
10title, by purchase, donation, condemnation or otherwise, to all
11lands needed for such public work or improvement, running to
12the People of the State of Illinois; such title to be approved
13by the Attorney General, and his approval certified by the
14Secretary of State and placed on record in his office, shall be
15deemed guilty of a Class A misdemeanor.
16    (b) Approval of title by the Attorney General for all lands
17needed for a public work or improvement shall not be required
18as established under subsection (a) of this Section and the
19State Comptroller may draw warrant in payment of consideration
20for all such lands without requiring approval of title by the
21Attorney 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

 

 

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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
8expenditures for the construction, completion, remodeling,
9maintenance and equipment of buildings and other facilities
10made in connection with and upon premises owned by the Illinois
11Building Authority, nor shall this Section apply to
12improvements to real estate leased by any State agency as
13defined in the Illinois State Auditing Act, provided the
14leasehold improvements were contracted for by an agency with
15leasing authority and in compliance with the rules and
16regulations promulgated by such agency for that purpose.
17    (d) This Section does not apply to any public work or
18improvement project, as set forth in Section 1 of this Act, by
19the Department of Transportation or the Illinois State Toll
20Highway Authority, and constructed under: (1) a design-build
21contract; (2) a contract with a construction manager or general
22contractor; (3) a public-private agreement as authorized by the
23Public-Private Partnerships for Transportation Act; or (4) any
24alternative technical concepts project delivery method.
25(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".