Illinois 2023-2024 Regular Session

Illinois House Bill HB1105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0013
2	1		HB1105 EnrolledLRB103 00106 AWJ 45107 b HB1105 Enrolled LRB103 00106 AWJ 45107 b
3	2		HB1105 Enrolled LRB103 00106 AWJ 45107 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Municipal Code is amended by
8		-	changing Sections 11-124-5 and 11-139-12 as follows:
9		-	(65 ILCS 5/11-124-5)
10		-	Sec. 11-124-5. Acquisition of water systems by eminent
11		-	domain.
12		-	(a) In addition to other provisions providing for the
13		-	acquisition of water systems or water works, whenever a public
14		-	utility subject to the Public Utilities Act utilizes public
15		-	property (including, but not limited to, right-of-way) of a
16		-	municipality for the installation or maintenance of all or
17		-	part of its water distribution system, the municipality has
18		-	the right to exercise eminent domain to acquire all or part of
19		-	the water system, in accordance with this Section. Unless it
20		-	complies with the provisions set forth in this Section, a
21		-	municipality is not permitted to acquire by eminent domain
22		-	that portion of a system located in another incorporated
23		-	municipality without agreement of that municipality, but this
24		-	provision shall not prevent the acquisition of that portion of
25		-	the water system existing within the acquiring municipality.
26		-	(b) Where a water system that is owned by a public utility
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Municipal Code is amended by
	7	+	5 changing Sections 11-124-5 and 11-139-12 as follows:
	8	+	6 (65 ILCS 5/11-124-5)
	9	+	7 Sec. 11-124-5. Acquisition of water systems by eminent
	10	+	8 domain.
	11	+	9 (a) In addition to other provisions providing for the
	12	+	10 acquisition of water systems or water works, whenever a public
	13	+	11 utility subject to the Public Utilities Act utilizes public
	14	+	12 property (including, but not limited to, right-of-way) of a
	15	+	13 municipality for the installation or maintenance of all or
	16	+	14 part of its water distribution system, the municipality has
	17	+	15 the right to exercise eminent domain to acquire all or part of
	18	+	16 the water system, in accordance with this Section. Unless it
	19	+	17 complies with the provisions set forth in this Section, a
	20	+	18 municipality is not permitted to acquire by eminent domain
	21	+	19 that portion of a system located in another incorporated
	22	+	20 municipality without agreement of that municipality, but this
	23	+	21 provision shall not prevent the acquisition of that portion of
	24	+	22 the water system existing within the acquiring municipality.
	25	+	23 (b) Where a water system that is owned by a public utility
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33		-	(as defined in the Public Utilities Act) provides water to
34		-	customers located in 2 or more municipalities, the system may
35		-	be acquired by a majority of the municipalities by eminent
36		-	domain. If the system is to be acquired by more than one
37		-	municipality, then there must be an intergovernmental
38		-	agreement in existence between the acquiring municipalities
39		-	providing for the acquisition.
40		-	(c) If a water system that is owned by a public utility
41		-	provides water to customers located in one or more
42		-	municipalities and also to customers in an unincorporated area
43		-	and if at least 70% of the customers of the system or portion
44		-	thereof are located within the municipality or municipalities,
45		-	then the system, or portion thereof as determined by the
46		-	corporate authorities, may be acquired, using eminent domain
47		-	or otherwise, by either a municipality under subsection (a) or
48		-	an entity created by agreement between municipalities where at
49		-	least 70% of the customers reside. For the purposes of
50		-	determining "customers of the system", only retail customers
51		-	directly billed by the company shall be included in the
52		-	computation. The number of customers of the system most
53		-	recently reported to the Illinois Commerce Commission for any
54		-	calendar year preceding the year a resolution is passed by a
55		-	municipality or municipalities expressing preliminary intent
56		-	to purchase the water system or portion thereof shall be
57		-	presumed to be the total number of customers within the
58		-	system. The public utility shall provide information relative
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	34	+	1 (as defined in the Public Utilities Act) provides water to
	35	+	2 customers located in 2 or more municipalities, the system may
	36	+	3 be acquired by a majority of the municipalities by eminent
	37	+	4 domain. If the system is to be acquired by more than one
	38	+	5 municipality, then there must be an intergovernmental
	39	+	6 agreement in existence between the acquiring municipalities
	40	+	7 providing for the acquisition.
	41	+	8 (c) If a water system that is owned by a public utility
	42	+	9 provides water to customers located in one or more
	43	+	10 municipalities and also to customers in an unincorporated area
	44	+	11 and if at least 70% of the customers of the system or portion
	45	+	12 thereof are located within the municipality or municipalities,
	46	+	13 then the system, or portion thereof as determined by the
	47	+	14 corporate authorities, may be acquired, using eminent domain
	48	+	15 or otherwise, by either a municipality under subsection (a) or
	49	+	16 an entity created by agreement between municipalities where at
	50	+	17 least 70% of the customers reside. For the purposes of
	51	+	18 determining "customers of the system", only retail customers
	52	+	19 directly billed by the company shall be included in the
	53	+	20 computation. The number of customers of the system most
	54	+	21 recently reported to the Illinois Commerce Commission for any
	55	+	22 calendar year preceding the year a resolution is passed by a
	56	+	23 municipality or municipalities expressing preliminary intent
	57	+	24 to purchase the water system or portion thereof shall be
	58	+	25 presumed to be the total number of customers within the
	59	+	26 system. The public utility shall provide information relative
59	60
60	61
61		-	to the number of customers within each municipality and within
62		-	the system within 60 days after any such request by a
63		-	municipality.
64		-	(d) In the case of acquisition by a municipality or
65		-	municipalities or a public entity created by law to own or
66		-	operate a water system under this Section, service and water
67		-	supply must be provided to persons who are customers of the
68		-	system on the effective date of this amendatory Act of the 94th
69		-	General Assembly without discrimination based on whether the
70		-	customer is located within or outside of the boundaries of the
71		-	acquiring municipality or municipalities or entity, and a
72		-	supply contract existing on the effective date of this
73		-	amendatory Act of the 94th General Assembly must be honored by
74		-	an acquiring municipality, municipalities, or entity according
75		-	to the terms so long as the agreement does not conflict with
76		-	any other existing agreement.
77		-	(e) For the purposes of this Section, "system" includes
78		-	all assets reasonably necessary to provide water service to a
79		-	contiguous or compact geographical service area or to an area
80		-	served by a common pipeline and include, but are not limited
81		-	to, interests in real estate, all wells, pipes, treatment
82		-	plants, pumps and other physical apparatus, data and records
83		-	of facilities and customers, fire hydrants, equipment, or
84		-	vehicles and also includes service agreements and obligations
85		-	derived from use of the assets, whether or not the assets are
86		-	contiguous to the municipality, municipalities, or entity
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88	63
89		-	created for the purpose of owning or operating a water system.
90		-	(f) Before making a good faith offer, a municipality may
91		-	pass a resolution of intent to study the feasibility of
92		-	purchasing or exercising its power of eminent domain to
93		-	acquire any water system or water works, sewer system or sewer
94		-	works, or combined water and sewer system or works, or part
95		-	thereof. Upon the passage of such a resolution, the
96		-	municipality shall have the right to review and inspect all
97		-	financial and other records, and both corporeal and
98		-	incorporeal assets of such utility related to the condition
99		-	and the operation of the system or works, or part thereof, as
100		-	part of the study and determination of feasibility of the
101		-	proposed acquisition by purchase or exercise of the power of
102		-	eminent domain, and the utility shall make knowledgeable
103		-	persons who have access to all relevant facts and information
104		-	regarding the subject system or works available to answer
105		-	inquiries related to the study and determination.
106		-	The right to review and inspect shall be upon reasonable
107		-	notice to the utility, with reasonable inspection and review
108		-	time limitations and reasonable response times for production,
109		-	copying, and answer. In addition, the utility may utilize a
110		-	reasonable security protocol for personnel on the
111		-	municipality's physical inspection team.
112		-	In the absence of other agreement, the utility must
113		-	respond to any notice by the municipality concerning its
114		-	review and inspection within 21 days after receiving the
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117		-	notice. The review and inspection of the assets of the company
118		-	shall be over such period of time and carried out in such
119		-	manner as is reasonable under the circumstances.
120		-	Information requested that is not privileged or protected
121		-	from discovery under the Illinois Code of Civil Procedure but
122		-	is reasonably claimed to be proprietary, including, without
123		-	limitation, information that constitutes trade secrets or
124		-	information that involves system security concerns, shall be
125		-	provided, but shall not be considered a public record and
126		-	shall be kept confidential by the municipality.
127		-	In addition, the municipality must, upon request,
128		-	reimburse the utility for the actual, reasonable costs and
129		-	expenses, excluding attorneys' fees, incurred by the utility
130		-	as a result of the municipality's inspection and requests for
131		-	information. Upon written request, the utility shall issue a
132		-	statement itemizing, with reasonable detail, the costs and
133		-	expenses for which reimbursement is sought by the utility.
134		-	Where such written request for a statement has been made, no
135		-	payment shall be required until 30 days after receipt of the
136		-	statement. Such reimbursement by the municipality shall be
137		-	considered income for purposes of any rate proceeding or other
138		-	financial request before the Illinois Commerce Commission by
139		-	the utility.
140		-	The municipality and the utility shall cooperate to
141		-	resolve any dispute arising under this subsection. In the
142		-	event the dispute under this subsection cannot be resolved,
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	70	+	1 to the number of customers within each municipality and within
	71	+	2 the system within 60 days after any such request by a
	72	+	3 municipality.
	73	+	4 (d) In the case of acquisition by a municipality or
	74	+	5 municipalities or a public entity created by law to own or
	75	+	6 operate a water system under this Section, service and water
	76	+	7 supply must be provided to persons who are customers of the
	77	+	8 system on the effective date of this amendatory Act of the 94th
	78	+	9 General Assembly without discrimination based on whether the
	79	+	10 customer is located within or outside of the boundaries of the
	80	+	11 acquiring municipality or municipalities or entity, and a
	81	+	12 supply contract existing on the effective date of this
	82	+	13 amendatory Act of the 94th General Assembly must be honored by
	83	+	14 an acquiring municipality, municipalities, or entity according
	84	+	15 to the terms so long as the agreement does not conflict with
	85	+	16 any other existing agreement.
	86	+	17 (e) For the purposes of this Section, "system" includes
	87	+	18 all assets reasonably necessary to provide water service to a
	88	+	19 contiguous or compact geographical service area or to an area
	89	+	20 served by a common pipeline and include, but are not limited
	90	+	21 to, interests in real estate, all wells, pipes, treatment
	91	+	22 plants, pumps and other physical apparatus, data and records
	92	+	23 of facilities and customers, fire hydrants, equipment, or
	93	+	24 vehicles and also includes service agreements and obligations
	94	+	25 derived from use of the assets, whether or not the assets are
	95	+	26 contiguous to the municipality, municipalities, or entity
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145		-	either party may request relief from the circuit court in any
146		-	county in which the water system is located, with the
147		-	prevailing party to be awarded such relief as the court deems
148		-	appropriate under the discovery abuse sanctions currently set
149		-	forth in the Illinois Code of Civil Procedure.
150		-	The municipality's right to inspect physical assets and
151		-	records in connection with the purpose of this Section shall
152		-	not be exercised with respect to any system more than one time
153		-	during a 5-year period, unless a substantial change in the
154		-	size of the system or condition of the operating assets of the
155		-	system has occurred since the previous inspection. Rights
156		-	under franchise agreements and other agreements or statutory
157		-	or regulatory provisions are not limited by this Section and
158		-	are preserved.
159		-	The passage of time between an inspection of the utilities
160		-	and physical assets and the making of a good faith offer or
161		-	initiation of an eminent domain action because of the limit
162		-	placed on inspections by this subsection shall not be used as a
163		-	basis for challenging the good faith of any offer or be used as
164		-	the basis for attacking any appraisal, expert, argument, or
165		-	position before a court related to an acquisition by purchase
166		-	or eminent domain.
167		-	(g) Notwithstanding any other provision of law, the
168		-	Illinois Commerce Commission has no approval authority of any
169		-	eminent domain action brought by any governmental entity or
170		-	combination of such entities to acquire water systems or water
171	98
172	99
173		-	works, except as is provided in subsection (h) of Section
174		-	10-5-10 of the Eminent Domain Act.
175		-	(h) The provisions of this Section are severable under
176		-	Section 1.31 of the Statute on Statutes.
177		-	(i) This Section does not apply to any public utility
178		-	company that, on January 1, 2006, supplied a total of 70,000 or
179		-	fewer meter connections in the State unless and until (i) that
180		-	public utility company receives approval from the Illinois
181		-	Commerce Commission under Section 7-204 of the Public
182		-	Utilities Act for the reorganization of the public utility
183		-	company or (ii) the majority control of the company changes
184		-	through a stock sale, a sale of assets, a merger (other than an
185		-	internal reorganization) or otherwise. For the purpose of this
186		-	Section, "public utility company" means the public utility
187		-	providing water service and includes any of its corporate
188		-	parents, subsidiaries, or affiliates possessing a franchised
189		-	water service in the State.
190		-	(j) Any contractor or subcontractor that performs work on
191		-	a water system acquired by a municipality or municipalities
192		-	under this Section shall comply with the requirements of
193		-	Section 30-22 of the Illinois Procurement Code. The contractor
194		-	or subcontractor shall submit evidence of compliance with
195		-	Section 30-22 to the municipality or municipalities.
196		-	(k) The municipality or municipalities acquiring the water
197		-	system shall offer available employee positions to the
198		-	qualified employees of the acquired water system.
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199	102
200	103
201		-	(Source: P.A. 97-586, eff. 8-26-11; 97-813, eff. 7-13-12.)
202		-	(65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12)
203		-	Sec. 11-139-12. Acquisition by eminent domain. For the
204		-	purpose of acquiring, constructing, extending, or improving
205		-	any combined waterworks and sewerage system under this
206		-	Division 139, or any property necessary or appropriate
207		-	therefor, any municipality has the right of eminent domain, as
208		-	provided by the Eminent Domain Act.
209		-	The fair cash market value of an existing waterworks and
210		-	sewerage system, or portion thereof, acquired under this
211		-	Division 139, which existing system is a special use property,
212		-	may be determined by considering Section 15 of Article I of the
213		-	Illinois Constitution, the Eminent Domain Act, and the Uniform
214		-	Standards of Professional Appraisal Practice and giving due
215		-	consideration to the income, cost, and market approaches to
216		-	valuation based on the type and character of the assets being
217		-	acquired. In making the valuation determination, the
218		-	historical and projected revenue attributable to the assets,
219		-	the costs of the assets, and the condition and remaining
220		-	useful life of the assets may be considered while giving due
221		-	account to the special use nature of the property as used for
222		-	water and sewerage purposes.
223		-	Additionally, in determining the fair cash market value of
224		-	existing utility facilities, whether real or personal,
225		-	consideration may be given to the depreciated value of all
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	106	+	1 created for the purpose of owning or operating a water system.
	107	+	2 (f) Before making a good faith offer, a municipality may
	108	+	3 pass a resolution of intent to study the feasibility of
	109	+	4 purchasing or exercising its power of eminent domain to
	110	+	5 acquire any water system or water works, sewer system or sewer
	111	+	6 works, or combined water and sewer system or works, or part
	112	+	7 thereof. Upon the passage of such a resolution, the
	113	+	8 municipality shall have the right to review and inspect all
	114	+	9 financial and other records, and both corporeal and
	115	+	10 incorporeal assets of such utility related to the condition
	116	+	11 and the operation of the system or works, or part thereof, as
	117	+	12 part of the study and determination of feasibility of the
	118	+	13 proposed acquisition by purchase or exercise of the power of
	119	+	14 eminent domain, and the utility shall make knowledgeable
	120	+	15 persons who have access to all relevant facts and information
	121	+	16 regarding the subject system or works available to answer
	122	+	17 inquiries related to the study and determination.
	123	+	18 The right to review and inspect shall be upon reasonable
	124	+	19 notice to the utility, with reasonable inspection and review
	125	+	20 time limitations and reasonable response times for production,
	126	+	21 copying, and answer. In addition, the utility may utilize a
	127	+	22 reasonable security protocol for personnel on the
	128	+	23 municipality's physical inspection team.
	129	+	24 In the absence of other agreement, the utility must
	130	+	25 respond to any notice by the municipality concerning its
	131	+	26 review and inspection within 21 days after receiving the
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228		-	facilities and fixtures constructed by the utility company and
229		-	payments made by the utility company in connection with the
230		-	acquisition or donation of any waterworks or sanitary sewage
231		-	system.
232		-	Except as is provided in subsection (h) of Section 10-5-10
233		-	of the Eminent Domain Act, For the purposes of this Section no
234		-	prior approval of the Illinois Commerce Commission, or any
235		-	other body having jurisdiction over the existing system, is
236		-	shall be required.
237		-	(Source: P.A. 96-1468, eff. 8-20-10.)
238		-	Section 10. The Eminent Domain Act is amended by changing
239		-	Section 10-5-10 as follows:
240		-	(735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
241		-	Sec. 10-5-10. Parties.
242		-	(a) When the right (i) to take private property for public
243		-	use, without the owner's consent, (ii) to construct or
244		-	maintain any public road, railroad, plankroad, turnpike road,
245		-	canal, or other public work or improvement, or (iii) to damage
246		-	property not actually taken has been or is conferred by
247		-	general law or special charter upon any corporate or municipal
248		-	authority, public body, officer or agent, person,
249		-	commissioner, or corporation and when (i) the compensation to
250		-	be paid for or in respect of the property sought to be
251		-	appropriated or damaged for the purposes mentioned cannot be
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253	135
254		-	agreed upon by the parties interested, (ii) the owner of the
255		-	property is incapable of consenting, (iii) the owner's name or
256		-	residence is unknown, or (iv) the owner is a nonresident of the
257		-	State, then the party authorized to take or damage the
258		-	property so required, or to construct, operate, and maintain
259		-	any public road, railroad, plankroad, turnpike road, canal, or
260		-	other public work or improvement, may apply to the circuit
261		-	court of the county where the property or any part of the
262		-	property is situated, by filing with the clerk a complaint.
263		-	The complaint shall set forth, by reference, (i) the
264		-	complainant's authority in the premises, (ii) the purpose for
265		-	which the property is sought to be taken or damaged, (iii) a
266		-	description of the property, and (iv) the names of all persons
267		-	interested in the property as owners or otherwise, as
268		-	appearing of record, if known, or if not known stating that
269		-	fact; and shall pray the court to cause the compensation to be
270		-	paid to the owner to be assessed.
271		-	(b) If it appears that any person not in being, upon coming
272		-	into being, is, or may become or may claim to be, entitled to
273		-	any interest in the property sought to be appropriated or
274		-	damaged, the court shall appoint some competent and
275		-	disinterested person as guardian ad litem to appear for and
276		-	represent that interest in the proceeding and to defend the
277		-	proceeding on behalf of the person not in being. Any judgment
278		-	entered in the proceeding shall be as effectual for all
279		-	purposes as though the person was in being and was a party to
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280	138
281	139
282		-	the proceeding.
283		-	(c) If the proceeding seeks to affect the property of
284		-	persons under guardianship, the guardians shall be made
285		-	parties defendant.
286		-	(d) Any interested persons whose names are unknown may be
287		-	made parties defendant by the same descriptions and in the
288		-	same manner as provided in other civil cases.
289		-	(e) When the property to be taken or damaged is a common
290		-	element of property subject to a declaration of condominium
291		-	ownership, pursuant to the Condominium Property Act, or of a
292		-	common interest community, the complaint shall name the unit
293		-	owners' association in lieu of naming the individual unit
294		-	owners and lienholders on individual units. Unit owners,
295		-	mortgagees, and other lienholders may intervene as parties
296		-	defendant. For the purposes of this Section, "common interest
297		-	community" has the same meaning as set forth in subsection (c)
298		-	of Section 9-102 of the Code of Civil Procedure. "Unit owners'
299		-	association" or "association" shall refer to both the
300		-	definition contained in Section 2 of the Condominium Property
301		-	Act and subsection (c) of Section 9-102 of the Code of Civil
302		-	Procedure.
303		-	(f) When the property is sought to be taken or damaged by
304		-	the State for the purposes of establishing, operating, or
305		-	maintaining any State house or State charitable or other
306		-	institutions or improvements, the complaint shall be signed by
307		-	the Governor, or the Governor's designee, or as otherwise
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	142	+	1 notice. The review and inspection of the assets of the company
	143	+	2 shall be over such period of time and carried out in such
	144	+	3 manner as is reasonable under the circumstances.
	145	+	4 Information requested that is not privileged or protected
	146	+	5 from discovery under the Illinois Code of Civil Procedure but
	147	+	6 is reasonably claimed to be proprietary, including, without
	148	+	7 limitation, information that constitutes trade secrets or
	149	+	8 information that involves system security concerns, shall be
	150	+	9 provided, but shall not be considered a public record and
	151	+	10 shall be kept confidential by the municipality.
	152	+	11 In addition, the municipality must, upon request,
	153	+	12 reimburse the utility for the actual, reasonable costs and
	154	+	13 expenses, excluding attorneys' fees, incurred by the utility
	155	+	14 as a result of the municipality's inspection and requests for
	156	+	15 information. Upon written request, the utility shall issue a
	157	+	16 statement itemizing, with reasonable detail, the costs and
	158	+	17 expenses for which reimbursement is sought by the utility.
	159	+	18 Where such written request for a statement has been made, no
	160	+	19 payment shall be required until 30 days after receipt of the
	161	+	20 statement. Such reimbursement by the municipality shall be
	162	+	21 considered income for purposes of any rate proceeding or other
	163	+	22 financial request before the Illinois Commerce Commission by
	164	+	23 the utility.
	165	+	24 The municipality and the utility shall cooperate to
	166	+	25 resolve any dispute arising under this subsection. In the
	167	+	26 event the dispute under this subsection cannot be resolved,
308	168
309	169
310		-	provided by law.
311		-	(g) No property, except property described in Section 3 of
312		-	the Sports Stadium Act, property to be acquired in furtherance
313		-	of actions under Article 11, Divisions 124, 126, 128, 130,
314		-	135, 136, and 139, of the Illinois Municipal Code, property to
315		-	be acquired in furtherance of actions under Section 3.1 of the
316		-	Intergovernmental Cooperation Act, property to be acquired
317		-	that is a water system or waterworks pursuant to the home rule
318		-	powers of a unit of local government, and property described
319		-	as Site B in Section 2 of the Metropolitan Pier and Exposition
320		-	Authority Act, and property that may be taken as provided in
321		-	the Public-Private Agreements for the South Suburban Airport
322		-	Act belonging to a railroad or other public utility subject to
323		-	the jurisdiction of the Illinois Commerce Commission, may be
324		-	taken or damaged, pursuant to the provisions of this Act,
325		-	without the prior approval of the Illinois Commerce
326		-	Commission.
327		-	(h) Notwithstanding subsection (g), property belonging to
328		-	a public utility that provides water or sewer service and that
329		-	is subject to the jurisdiction of the Illinois Commerce
330		-	Commission may not be taken or damaged by eminent domain
331		-	without prior approval of the Illinois Commerce Commission,
332		-	except for property to be acquired by a municipality with
333		-	140,000 or more inhabitants or a regional water commission
334		-	formed under Article 11, Division 135.5 of the Illinois
335		-	Municipal Code or a municipality that is a member of such a
336	170
337	171
338		-	regional water commission, only in furtherance of purposes
339		-	authorized under Article 11, Division 135.5 of the Illinois
340		-	Municipal Code, and limited solely to interests in real
341		-	property and not improvements to or assets on the real
342		-	property belonging to a public utility that provides water or
343		-	sewer service and that is subject to the jurisdiction of the
344		-	Illinois Commerce Commission. This subsection does not apply
345		-	to any action commenced prior to the effective date of this
346		-	amendatory Act of the 103rd General Assembly under this
347		-	Section or Section 11-124-5 or 11-139-12 of the Illinois
348		-	Municipal Code.
349		-	(Source: P.A. 98-109, eff. 7-25-13.)
350		-	Section 99. Effective date. This Act takes effect upon
351		-	becoming law.
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	178	+	1 either party may request relief from the circuit court in any
	179	+	2 county in which the water system is located, with the
	180	+	3 prevailing party to be awarded such relief as the court deems
	181	+	4 appropriate under the discovery abuse sanctions currently set
	182	+	5 forth in the Illinois Code of Civil Procedure.
	183	+	6 The municipality's right to inspect physical assets and
	184	+	7 records in connection with the purpose of this Section shall
	185	+	8 not be exercised with respect to any system more than one time
	186	+	9 during a 5-year period, unless a substantial change in the
	187	+	10 size of the system or condition of the operating assets of the
	188	+	11 system has occurred since the previous inspection. Rights
	189	+	12 under franchise agreements and other agreements or statutory
	190	+	13 or regulatory provisions are not limited by this Section and
	191	+	14 are preserved.
	192	+	15 The passage of time between an inspection of the utilities
	193	+	16 and physical assets and the making of a good faith offer or
	194	+	17 initiation of an eminent domain action because of the limit
	195	+	18 placed on inspections by this subsection shall not be used as a
	196	+	19 basis for challenging the good faith of any offer or be used as
	197	+	20 the basis for attacking any appraisal, expert, argument, or
	198	+	21 position before a court related to an acquisition by purchase
	199	+	22 or eminent domain.
	200	+	23 (g) Notwithstanding any other provision of law, the
	201	+	24 Illinois Commerce Commission has no approval authority of any
	202	+	25 eminent domain action brought by any governmental entity or
	203	+	26 combination of such entities to acquire water systems or water
	204	+
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	214	+	1 works, except as is provided in subsection (h) of Section
	215	+	2 10-5-10 of the Eminent Domain Act.
	216	+	3 (h) The provisions of this Section are severable under
	217	+	4 Section 1.31 of the Statute on Statutes.
	218	+	5 (i) This Section does not apply to any public utility
	219	+	6 company that, on January 1, 2006, supplied a total of 70,000 or
	220	+	7 fewer meter connections in the State unless and until (i) that
	221	+	8 public utility company receives approval from the Illinois
	222	+	9 Commerce Commission under Section 7-204 of the Public
	223	+	10 Utilities Act for the reorganization of the public utility
	224	+	11 company or (ii) the majority control of the company changes
	225	+	12 through a stock sale, a sale of assets, a merger (other than an
	226	+	13 internal reorganization) or otherwise. For the purpose of this
	227	+	14 Section, "public utility company" means the public utility
	228	+	15 providing water service and includes any of its corporate
	229	+	16 parents, subsidiaries, or affiliates possessing a franchised
	230	+	17 water service in the State.
	231	+	18 (j) Any contractor or subcontractor that performs work on
	232	+	19 a water system acquired by a municipality or municipalities
	233	+	20 under this Section shall comply with the requirements of
	234	+	21 Section 30-22 of the Illinois Procurement Code. The contractor
	235	+	22 or subcontractor shall submit evidence of compliance with
	236	+	23 Section 30-22 to the municipality or municipalities.
	237	+	24 (k) The municipality or municipalities acquiring the water
	238	+	25 system shall offer available employee positions to the
	239	+	26 qualified employees of the acquired water system.
	240	+
	241	+
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	243	+
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	246	+
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	250	+	1 (Source: P.A. 97-586, eff. 8-26-11; 97-813, eff. 7-13-12.)
	251	+	2 (65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12)
	252	+	3 Sec. 11-139-12. Acquisition by eminent domain. For the
	253	+	4 purpose of acquiring, constructing, extending, or improving
	254	+	5 any combined waterworks and sewerage system under this
	255	+	6 Division 139, or any property necessary or appropriate
	256	+	7 therefor, any municipality has the right of eminent domain, as
	257	+	8 provided by the Eminent Domain Act.
	258	+	9 The fair cash market value of an existing waterworks and
	259	+	10 sewerage system, or portion thereof, acquired under this
	260	+	11 Division 139, which existing system is a special use property,
	261	+	12 may be determined by considering Section 15 of Article I of the
	262	+	13 Illinois Constitution, the Eminent Domain Act, and the Uniform
	263	+	14 Standards of Professional Appraisal Practice and giving due
	264	+	15 consideration to the income, cost, and market approaches to
	265	+	16 valuation based on the type and character of the assets being
	266	+	17 acquired. In making the valuation determination, the
	267	+	18 historical and projected revenue attributable to the assets,
	268	+	19 the costs of the assets, and the condition and remaining
	269	+	20 useful life of the assets may be considered while giving due
	270	+	21 account to the special use nature of the property as used for
	271	+	22 water and sewerage purposes.
	272	+	23 Additionally, in determining the fair cash market value of
	273	+	24 existing utility facilities, whether real or personal,
	274	+	25 consideration may be given to the depreciated value of all
	275	+
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	285	+	1 facilities and fixtures constructed by the utility company and
	286	+	2 payments made by the utility company in connection with the
	287	+	3 acquisition or donation of any waterworks or sanitary sewage
	288	+	4 system.
	289	+	5 Except as is provided in subsection (h) of Section 10-5-10
	290	+	6 of the Eminent Domain Act, For the purposes of this Section no
	291	+	7 prior approval of the Illinois Commerce Commission, or any
	292	+	8 other body having jurisdiction over the existing system, is
	293	+	9 shall be required.
	294	+	10 (Source: P.A. 96-1468, eff. 8-20-10.)
	295	+	11 Section 10. The Eminent Domain Act is amended by changing
	296	+	12 Section 10-5-10 as follows:
	297	+	13 (735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
	298	+	14 Sec. 10-5-10. Parties.
	299	+	15 (a) When the right (i) to take private property for public
	300	+	16 use, without the owner's consent, (ii) to construct or
	301	+	17 maintain any public road, railroad, plankroad, turnpike road,
	302	+	18 canal, or other public work or improvement, or (iii) to damage
	303	+	19 property not actually taken has been or is conferred by
	304	+	20 general law or special charter upon any corporate or municipal
	305	+	21 authority, public body, officer or agent, person,
	306	+	22 commissioner, or corporation and when (i) the compensation to
	307	+	23 be paid for or in respect of the property sought to be
	308	+	24 appropriated or damaged for the purposes mentioned cannot be
	309	+
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	319	+	1 agreed upon by the parties interested, (ii) the owner of the
	320	+	2 property is incapable of consenting, (iii) the owner's name or
	321	+	3 residence is unknown, or (iv) the owner is a nonresident of the
	322	+	4 State, then the party authorized to take or damage the
	323	+	5 property so required, or to construct, operate, and maintain
	324	+	6 any public road, railroad, plankroad, turnpike road, canal, or
	325	+	7 other public work or improvement, may apply to the circuit
	326	+	8 court of the county where the property or any part of the
	327	+	9 property is situated, by filing with the clerk a complaint.
	328	+	10 The complaint shall set forth, by reference, (i) the
	329	+	11 complainant's authority in the premises, (ii) the purpose for
	330	+	12 which the property is sought to be taken or damaged, (iii) a
	331	+	13 description of the property, and (iv) the names of all persons
	332	+	14 interested in the property as owners or otherwise, as
	333	+	15 appearing of record, if known, or if not known stating that
	334	+	16 fact; and shall pray the court to cause the compensation to be
	335	+	17 paid to the owner to be assessed.
	336	+	18 (b) If it appears that any person not in being, upon coming
	337	+	19 into being, is, or may become or may claim to be, entitled to
	338	+	20 any interest in the property sought to be appropriated or
	339	+	21 damaged, the court shall appoint some competent and
	340	+	22 disinterested person as guardian ad litem to appear for and
	341	+	23 represent that interest in the proceeding and to defend the
	342	+	24 proceeding on behalf of the person not in being. Any judgment
	343	+	25 entered in the proceeding shall be as effectual for all
	344	+	26 purposes as though the person was in being and was a party to
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	355	+	1 the proceeding.
	356	+	2 (c) If the proceeding seeks to affect the property of
	357	+	3 persons under guardianship, the guardians shall be made
	358	+	4 parties defendant.
	359	+	5 (d) Any interested persons whose names are unknown may be
	360	+	6 made parties defendant by the same descriptions and in the
	361	+	7 same manner as provided in other civil cases.
	362	+	8 (e) When the property to be taken or damaged is a common
	363	+	9 element of property subject to a declaration of condominium
	364	+	10 ownership, pursuant to the Condominium Property Act, or of a
	365	+	11 common interest community, the complaint shall name the unit
	366	+	12 owners' association in lieu of naming the individual unit
	367	+	13 owners and lienholders on individual units. Unit owners,
	368	+	14 mortgagees, and other lienholders may intervene as parties
	369	+	15 defendant. For the purposes of this Section, "common interest
	370	+	16 community" has the same meaning as set forth in subsection (c)
	371	+	17 of Section 9-102 of the Code of Civil Procedure. "Unit owners'
	372	+	18 association" or "association" shall refer to both the
	373	+	19 definition contained in Section 2 of the Condominium Property
	374	+	20 Act and subsection (c) of Section 9-102 of the Code of Civil
	375	+	21 Procedure.
	376	+	22 (f) When the property is sought to be taken or damaged by
	377	+	23 the State for the purposes of establishing, operating, or
	378	+	24 maintaining any State house or State charitable or other
	379	+	25 institutions or improvements, the complaint shall be signed by
	380	+	26 the Governor, or the Governor's designee, or as otherwise
	381	+
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	391	+	1 provided by law.
	392	+	2 (g) No property, except property described in Section 3 of
	393	+	3 the Sports Stadium Act, property to be acquired in furtherance
	394	+	4 of actions under Article 11, Divisions 124, 126, 128, 130,
	395	+	5 135, 136, and 139, of the Illinois Municipal Code, property to
	396	+	6 be acquired in furtherance of actions under Section 3.1 of the
	397	+	7 Intergovernmental Cooperation Act, property to be acquired
	398	+	8 that is a water system or waterworks pursuant to the home rule
	399	+	9 powers of a unit of local government, and property described
	400	+	10 as Site B in Section 2 of the Metropolitan Pier and Exposition
	401	+	11 Authority Act, and property that may be taken as provided in
	402	+	12 the Public-Private Agreements for the South Suburban Airport
	403	+	13 Act belonging to a railroad or other public utility subject to
	404	+	14 the jurisdiction of the Illinois Commerce Commission, may be
	405	+	15 taken or damaged, pursuant to the provisions of this Act,
	406	+	16 without the prior approval of the Illinois Commerce
	407	+	17 Commission.
	408	+	18 (h) Notwithstanding subsection (g), property belonging to
	409	+	19 a public utility that provides water or sewer service and that
	410	+	20 is subject to the jurisdiction of the Illinois Commerce
	411	+	21 Commission may not be taken or damaged by eminent domain
	412	+	22 without prior approval of the Illinois Commerce Commission,
	413	+	23 except for property to be acquired by a municipality with
	414	+	24 140,000 or more inhabitants or a regional water commission
	415	+	25 formed under Article 11, Division 135.5 of the Illinois
	416	+	26 Municipal Code or a municipality that is a member of such a
	417	+
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	427	+	1 regional water commission, only in furtherance of purposes
	428	+	2 authorized under Article 11, Division 135.5 of the Illinois
	429	+	3 Municipal Code, and limited solely to interests in real
	430	+	4 property and not improvements to or assets on the real
	431	+	5 property belonging to a public utility that provides water or
	432	+	6 sewer service and that is subject to the jurisdiction of the
	433	+	7 Illinois Commerce Commission. This subsection does not apply
	434	+	8 to any action commenced prior to the effective date of this
	435	+	9 amendatory Act of the 103rd General Assembly under this
	436	+	10 Section or Section 11-124-5 or 11-139-12 of the Illinois
	437	+	11 Municipal Code.
	438	+	12 (Source: P.A. 98-109, eff. 7-25-13.)
	439	+	13 Section 99. Effective date. This Act takes effect upon
	440	+	14 becoming law.
	441	+
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