Bill Text: IL SB3633 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3633 Detail]

Download: Illinois-2023-SB3633-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3633 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
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.
LRB103 36328 HLH 66426 b
A BILL FOR
SB3633 LRB103 36328 HLH 66426 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Contract Fraud Act is amended by
changing Section 2 as follows:
(30 ILCS 545/2) (from Ch. 127, par. 132.52)
Sec. 2. Spending money without obtaining title to land;
approval of title by Attorney General.
(a) Except as otherwise provided in Section 2 of the
Superconducting Super Collider Act or for projects constructed
under the Bikeway Act, any person or persons, commissioner or
commissioners, or other officer or officers, entrusted with
the construction or repair of any public work or improvement,
as set forth in Section 1, who shall expend or cause to be
expended upon such public work or improvement, the whole or
any part of the moneys appropriated therefor, or who shall
commence work, or in any way authorize work to be commenced,
thereon, without first having obtained a title, by purchase,
donation, condemnation or otherwise, to all lands needed for
such public work or improvement, running to the People of the
State of Illinois; such title to be approved by the Attorney
General, and his approval certified by the Secretary of State
and placed on record in his office, shall be deemed guilty of a

SB3633 - 2 - LRB103 36328 HLH 66426 b
Class A misdemeanor.
(b) Approval of title by the Attorney General for all
lands needed for a public work or improvement shall not be
required as established under subsection (a) of this Section
and the State Comptroller may draw warrant in payment of
consideration for all such lands without requiring approval of
title by the Attorney General if consideration to be paid does
not exceed $25,000 $10,000 and the title acquired for such
lands is for:
(1) a fee simple title or easement acquired by the
State for highway right-of-way; or
(2) an acquisition of rights or easements of access,
crossing, light, air or view to, from or over a freeway
vested in abutting property; or
(3) a fee simple title or easement used to place
utility lines and connect a permanent public work or
improvement owned by the State to main utility lines; or
(4) for the purpose of flood relief or other water
resource projects.
(c) This Section does not apply to any otherwise lawful
expenditures for the construction, completion, remodeling,
maintenance and equipment of buildings and other facilities
made in connection with and upon premises owned by the
Illinois Building Authority, nor shall this Section apply to
improvements to real estate leased by any State agency as
defined in the Illinois State Auditing Act, provided the

SB3633 - 3 - LRB103 36328 HLH 66426 b
leasehold improvements were contracted for by an agency with
leasing authority and in compliance with the rules and
regulations promulgated by such agency for that purpose.
(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)