Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2253 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 50 ILCS 105/3.1 from Ch. 102, par. 3.1735 ILCS 30/10-5-10 was 735 ILCS 5/7-102735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1735 ILCS 30/20-5-5 was 735 ILCS 5/7-103 Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately. LRB104 12101 JRC 22200 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2253 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 50 ILCS 105/3.1 from Ch. 102, par. 3.1735 ILCS 30/10-5-10 was 735 ILCS 5/7-102735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1735 ILCS 30/20-5-5 was 735 ILCS 5/7-103 50 ILCS 105/3.1 from Ch. 102, par. 3.1 735 ILCS 30/10-5-10 was 735 ILCS 5/7-102 735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1 735 ILCS 30/20-5-5 was 735 ILCS 5/7-103 Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately. LRB104 12101 JRC 22200 b LRB104 12101 JRC 22200 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2253 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	50 ILCS 105/3.1 from Ch. 102, par. 3.1735 ILCS 30/10-5-10 was 735 ILCS 5/7-102735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1735 ILCS 30/20-5-5 was 735 ILCS 5/7-103 50 ILCS 105/3.1 from Ch. 102, par. 3.1 735 ILCS 30/10-5-10 was 735 ILCS 5/7-102 735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1 735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
4	4	50 ILCS 105/3.1 from Ch. 102, par. 3.1
5	5	735 ILCS 30/10-5-10 was 735 ILCS 5/7-102
6	6	735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1
7	7	735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
8	8	Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately.
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11	11	A BILL FOR
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14	14	1 AN ACT concerning local government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Public Officer Prohibited Activities Act is
18	18	5 amended by changing Section 3.1 as follows:
19	19	6 (50 ILCS 105/3.1) (from Ch. 102, par. 3.1)
20	20	7 Sec. 3.1. Before any contract relating to the ownership or
21	21	8 use of real property is entered into by and between the State
22	22	9 or any local governmental unit or any agency of either the
23	23	10 identity of every owner and beneficiary having any interest,
24	24	11 real or personal, in such property, and every member,
25	25	12 shareholder, limited partner, or general partner entitled to
26	26	13 receive more than 7 1/2% of the total distributable income of
27	27	14 any limited liability company, corporation, or limited
28	28	15 partnership having any interest, real or personal, in such
29	29	16 property must be disclosed. The disclosure shall be in writing
30	30	17 and shall be subscribed by a member, owner, authorized
31	31	18 trustee, corporate official, general partner, or managing
32	32	19 agent, or his or her authorized attorney or other authorized
33	33	20 representative, under oath. However, if the interest, stock,
34	34	21 or shares in a limited liability company, corporation, or
35	35	22 general partnership is publicly traded and there is no readily
36	36	23 known individual having greater than a 7 1/2% interest, then a
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2253 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
41	41	50 ILCS 105/3.1 from Ch. 102, par. 3.1735 ILCS 30/10-5-10 was 735 ILCS 5/7-102735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1735 ILCS 30/20-5-5 was 735 ILCS 5/7-103 50 ILCS 105/3.1 from Ch. 102, par. 3.1 735 ILCS 30/10-5-10 was 735 ILCS 5/7-102 735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1 735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
42	42	50 ILCS 105/3.1 from Ch. 102, par. 3.1
43	43	735 ILCS 30/10-5-10 was 735 ILCS 5/7-102
44	44	735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1
45	45	735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
46	46	Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure required under the Act before any contract relating to the ownership or use of real property is entered into by the State or a unit of local government disclosing the interest of an owner or beneficiary in the real property. Authorizes disclosure by providing a copy of a proxy statement or other official corporate document filed with the federal Securities Exchange Commission or similar federal regulatory body within the previous calendar year disclosing the overall ownership of the limited liability company, corporation, or general partnership. Removes the requirement for additional disclosure for contracts for the ownership or use of real property for highway purposes by the Department of Transportation for any entity that is wholly or partially owned by another entity. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner is unable or unwilling to provide documentation required by the acquiring party to obtain sufficient title to the property, consummate the transaction, or comply with all legal requirements for the transaction. Eliminates the requirement that the Illinois Department of Transportation obtain Illinois Commerce Commission approval before bringing an action to acquire property needed for highway projects owned by utilities and railroads. Allows notice to property owners to be sent by entities other than the United States Postal Service if a company provides the same function as certified mail with return receipt. Effective immediately.
47	47	LRB104 12101 JRC 22200 b LRB104 12101 JRC 22200 b
48	48	LRB104 12101 JRC 22200 b
49	49	A BILL FOR
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55	55	50 ILCS 105/3.1 from Ch. 102, par. 3.1
56	56	735 ILCS 30/10-5-10 was 735 ILCS 5/7-102
57	57	735 ILCS 30/10-5-15 was 735 ILCS 5/7-102.1
58	58	735 ILCS 30/20-5-5 was 735 ILCS 5/7-103
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77	77	1 statement to that effect, subscribed to under oath by a
78	78	2 member, officer of the corporation, general partner, or
79	79	3 managing agent, or his or her authorized attorney, shall
80	80	4 fulfill the disclosure statement requirement of this Section.
81	81	5 The disclosure requirement of this Section may also be
82	82	6 satisfied by providing a copy of a proxy statement or other
83	83	7 official corporate document filed with the federal Securities
84	84	8 Exchange Commission or similar federal regulatory body within
85	85	9 the previous calendar year disclosing the overall ownership of
86	86	10 the limited liability company, corporation or general
87	87	11 partnership. As a condition of contracts entered into on or
88	88	12 after the effective date of this amendatory Act of 1995, the
89	89	13 beneficiaries of a lease shall furnish the trustee of a trust
90	90	14 subject to disclosure under this Section with a binding
91	91	15 non-revocable letter of direction authorizing the trustee to
92	92	16 provide the State with an up-to-date disclosure whenever
93	93	17 requested by the State. The letter of direction shall be
94	94	18 binding on beneficiaries' heirs, successors, and assigns
95	95	19 during the term of the contract. This Section shall be
96	96	20 liberally construed to accomplish the purpose of requiring the
97	97	21 identification of the actual parties benefiting from any
98	98	22 transaction with a governmental unit or agency involving the
99	99	23 procurement of the ownership or use of real property thereby.
100	100	24 For any entity that is wholly or partially owned by
101	101	25 another entity, the names of the owners of the wholly or
102	102	26 partially owning entity shall be disclosed under this Section,
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113	113	1 as well as the names of the owners of the wholly or partially
114	114	2 owned entity. No such additional disclosure is required for
115	115	3 contracts relating to the ownership or use of real property
116	116	4 for highway purposes by the Department of Transportation.
117	117	5 (Source: P.A. 91-361, eff. 7-29-99.)
118	118	6 Section 10. The Eminent Domain Act is amended by changing
119	119	7 Sections 10-5-10, 10-5-15, and 20-5-5 as follows:
120	120	8 (735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
121	121	9 Sec. 10-5-10. Parties.
122	122	10 (a) When the right (i) to take private property for public
123	123	11 use, without the owner's consent, (ii) to construct or
124	124	12 maintain any public road, railroad, plankroad, turnpike road,
125	125	13 canal, or other public work or improvement, or (iii) to damage
126	126	14 property not actually taken has been or is conferred by
127	127	15 general law or special charter upon any corporate or municipal
128	128	16 authority, public body, officer or agent, person,
129	129	17 commissioner, or corporation and when (i) the compensation to
130	130	18 be paid for or in respect of the property sought to be
131	131	19 appropriated or damaged for the purposes mentioned cannot be
132	132	20 agreed upon by the parties interested, (ii) the owner of the
133	133	21 property is incapable of consenting, (iii) the owner's name or
134	134	22 residence is unknown, or (iv) the owner is a nonresident of the
135	135	23 State, or (v) the owner is unable or unwilling to provide
136	136	24 documentation required by the acquiring party to obtain
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147	147	1 sufficient title to the property or consummate the transaction
148	148	2 or comply with all legal requirements for the transaction,
149	149	3 then the party authorized to take or damage the property so
150	150	4 required, or to construct, operate, and maintain any public
151	151	5 road, railroad, plankroad, turnpike road, canal, or other
152	152	6 public work or improvement, may apply to the circuit court of
153	153	7 the county where the property or any part of the property is
154	154	8 situated, by filing with the clerk a complaint. The complaint
155	155	9 shall set forth, by reference, (i) the complainant's authority
156	156	10 in the premises, (ii) the purpose for which the property is
157	157	11 sought to be taken or damaged, (iii) a description of the
158	158	12 property, and (iv) the names of all persons interested in the
159	159	13 property as owners or otherwise, as appearing of record, if
160	160	14 known, or if not known stating that fact; and shall pray the
161	161	15 court to cause the compensation to be paid to the owner to be
162	162	16 assessed.
163	163	17 (b) If it appears that any person not in being, upon coming
164	164	18 into being, is, or may become or may claim to be, entitled to
165	165	19 any interest in the property sought to be appropriated or
166	166	20 damaged, the court shall appoint some competent and
167	167	21 disinterested person as guardian ad litem to appear for and
168	168	22 represent that interest in the proceeding and to defend the
169	169	23 proceeding on behalf of the person not in being. Any judgment
170	170	24 entered in the proceeding shall be as effectual for all
171	171	25 purposes as though the person was in being and was a party to
172	172	26 the proceeding.
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183	183	1 (c) If the proceeding seeks to affect the property of
184	184	2 persons under guardianship, the guardians shall be made
185	185	3 parties defendant.
186	186	4 (d) Any interested persons whose names are unknown may be
187	187	5 made parties defendant by the same descriptions and in the
188	188	6 same manner as provided in other civil cases.
189	189	7 (e) When the property to be taken or damaged is a common
190	190	8 element of property subject to a declaration of condominium
191	191	9 ownership, pursuant to the Condominium Property Act, or of a
192	192	10 common interest community, the complaint shall name the unit
193	193	11 owners' association in lieu of naming the individual unit
194	194	12 owners and lienholders on individual units. Unit owners,
195	195	13 mortgagees, and other lienholders may intervene as parties
196	196	14 defendant. For the purposes of this Section, "common interest
197	197	15 community" has the same meaning as set forth in subsection (c)
198	198	16 of Section 9-102 of the Code of Civil Procedure. "Unit owners'
199	199	17 association" or "association" shall refer to both the
200	200	18 definition contained in Section 2 of the Condominium Property
201	201	19 Act and subsection (c) of Section 9-102 of the Code of Civil
202	202	20 Procedure.
203	203	21 (f) When the property is sought to be taken or damaged by
204	204	22 the State for the purposes of establishing, operating, or
205	205	23 maintaining any State house or State charitable or other
206	206	24 institutions or improvements, the complaint shall be signed by
207	207	25 the Governor, or the Governor's designee, or as otherwise
208	208	26 provided by law.
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219	219	1 (g) No property, except property described in Section 3 of
220	220	2 the Sports Stadium Act, property to be acquired in furtherance
221	221	3 of actions under Article 11, Divisions 124, 126, 128, 130,
222	222	4 135, 136, and 139, of the Illinois Municipal Code, property to
223	223	5 be acquired by the Department of Transportation under Article
224	224	6 4, Division 5 or Article 8 of the Illinois Highway Code,
225	225	7 property to be acquired in furtherance of actions under
226	226	8 Section 3.1 of the Intergovernmental Cooperation Act, property
227	227	9 to be acquired that is a water system or waterworks pursuant to
228	228	10 the home rule powers of a unit of local government, property
229	229	11 described as Site B in Section 2 of the Metropolitan Pier and
230	230	12 Exposition Authority Act, and property that may be taken as
231	231	13 provided in the Public-Private Agreements for the South
232	232	14 Suburban Airport Act belonging to a railroad or other public
233	233	15 utility subject to the jurisdiction of the Illinois Commerce
234	234	16 Commission, may be taken or damaged, pursuant to the
235	235	17 provisions of this Act, without the prior approval of the
236	236	18 Illinois Commerce Commission.
237	237	19 (h) Notwithstanding subsection (g), property belonging to
238	238	20 a public utility that provides water or sewer service and that
239	239	21 is subject to the jurisdiction of the Illinois Commerce
240	240	22 Commission may not be taken or damaged by eminent domain
241	241	23 without prior approval of the Illinois Commerce Commission,
242	242	24 except for property to be acquired by a municipality with
243	243	25 140,000 or more inhabitants or a regional water commission
244	244	26 formed under Article 11, Division 135.5 of the Illinois
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255	255	1 Municipal Code or a municipality that is a member of such a
256	256	2 regional water commission, only in furtherance of purposes
257	257	3 authorized under Article 11, Division 135.5 of the Illinois
258	258	4 Municipal Code, and limited solely to interests in real
259	259	5 property and not improvements to or assets on the real
260	260	6 property belonging to a public utility that provides water or
261	261	7 sewer service and that is subject to the jurisdiction of the
262	262	8 Illinois Commerce Commission. This subsection does not apply
263	263	9 to any action commenced prior to the effective date of this
264	264	10 amendatory Act of the 103rd General Assembly under this
265	265	11 Section or Section 11-124-5 or 11-139-12 of the Illinois
266	266	12 Municipal Code.
267	267	13 (Source: P.A. 103-13, eff. 6-9-23.)
268	268	14 (735 ILCS 30/10-5-15) (was 735 ILCS 5/7-102.1)
269	269	15 Sec. 10-5-15. State agency proceedings; information.
270	270	16 (a) This Section applies only to the State and its
271	271	17 agencies, and only to matters arising after December 31, 1991.
272	272	18 (b) Before any State agency initiates any proceeding under
273	273	19 this Act, the agency must designate and provide for an
274	274	20 appropriate person to respond to requests arising from the
275	275	21 notifications required under this Section. The designated
276	276	22 person may be an employee of the agency itself or an employee
277	277	23 of any other appropriate State agency. The designated person
278	278	24 shall respond to property owners' questions about the
279	279	25 authority and procedures of the State agency in acquiring
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290	290	1 property by condemnation and about the property owner's
291	291	2 general rights under those procedures. However, the designated
292	292	3 person shall not provide property owners with specific legal
293	293	4 advice or specific legal referrals.
294	294	5 (c) At the time of first contact with a property owner,
295	295	6 whether in person or by letter, the State agency shall advise
296	296	7 the property owner, in writing, of the following:
297	297	8 (1) A description of the property that the agency
298	298	9 seeks to acquire.
299	299	10 (2) The name, address, and telephone number of the
300	300	11 State official designated under subsection (b) to answer
301	301	12 the property owner's questions.
302	302	13 (3) The identity of the State agency attempting to
303	303	14 acquire the property.
304	304	15 (4) The general purpose of the proposed acquisition.
305	305	16 (5) The type of facility to be constructed on the
306	306	17 property, if any.
307	307	18 (d) At least 60 days before filing a petition with any
308	308	19 court to initiate a proceeding under this Act, a State agency
309	309	20 shall send a letter by certified mail, return receipt
310	310	21 requested (or by entities other than the United States Postal
311	311	22 Service that provide the same function as certified mail with
312	312	23 return receipts), to the owner of the property to be taken,
313	313	24 giving the property owner the following information:
314	314	25 (1) The amount of compensation for the taking of the
315	315	26 property proposed by the agency and the basis for
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326	326	1 computing it.
327	327	2 (2) A statement that the agency continues to seek a
328	328	3 negotiated agreement with the property owner.
329	329	4 (3) A statement that, in the absence of a negotiated
330	330	5 agreement, it is the intention of the agency to initiate a
331	331	6 court proceeding under this Act.
332	332	7 The State agency shall maintain a record of the letters
333	333	8 sent in compliance with this Section for at least one year.
334	334	9 (e) Any duty imposed on a State agency by this Section may
335	335	10 be assumed by the Office of the Attorney General, the Capital
336	336	11 Development Board, or any other agency of State government
337	337	12 that is assisting or acting on behalf of the State agency in
338	338	13 the matter.
339	339	14 (Source: P.A. 94-1055, eff. 1-1-07.)
340	340	15 (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
341	341	16 Sec. 20-5-5. Quick-take.
342	342	17 (a) This Section applies only to proceedings under this
343	343	18 Article that are authorized in this Article and in Article 25
344	344	19 of this Act.
345	345	20 (b) In a proceeding subject to this Section, the
346	346	21 plaintiff, at any time after the complaint has been filed and
347	347	22 before judgment is entered in the proceeding, may file a
348	348	23 written motion requesting that, immediately or at some
349	349	24 specified later date, the plaintiff either: (i) be vested with
350	350	25 the fee simple title (or such lesser estate, interest, or
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361	361	1 easement, as may be required) to the real property, or a
362	362	2 specified portion of that property, which is the subject of
363	363	3 the proceeding, and be authorized to take possession of and
364	364	4 use the property; or (ii) only be authorized to take
365	365	5 possession of and to use the property, if possession and use,
366	366	6 without the vesting of title, are sufficient to permit the
367	367	7 plaintiff to proceed with the project until the final
368	368	8 ascertainment of compensation. No land or interests in land
369	369	9 now or hereafter owned, leased, controlled, or operated and
370	370	10 used by, or necessary for the actual operation of, any common
371	371	11 carrier engaged in interstate commerce, or any other public
372	372	12 utility subject to the jurisdiction of the Illinois Commerce
373	373	13 Commission, shall be taken or appropriated under this Section
374	374	14 by the State of Illinois, except property to be acquired by the
375	375	15 Department of Transportation under Article 4, Division 5 or
376	376	16 Article 8 of the Illinois Highway Code, the Illinois Toll
377	377	17 Highway Authority, the sanitary district, the St. Louis
378	378	18 Metropolitan Area Airport Authority, or the Board of Trustees
379	379	19 of the University of Illinois without first securing the
380	380	20 approval of the Illinois Commerce Commission.
381	381	21 Except as otherwise provided in this Article, the motion
382	382	22 for taking shall state: (1) an accurate description of the
383	383	23 property to which the motion relates and the estate or
384	384	24 interest sought to be acquired in that property; (2) the
385	385	25 formally adopted schedule or plan of operation for the
386	386	26 execution of the plaintiff's project; (3) the situation of the
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397	397	1 property to which the motion relates, with respect to the
398	398	2 schedule or plan; (4) the necessity for taking the property in
399	399	3 the manner requested in the motion; and (5) if the property
400	400	4 (except property described in Section 3 of the Sports Stadium
401	401	5 Act or property described as Site B in Section 2 of the
402	402	6 Metropolitan Pier and Exposition Authority Act, or property to
403	403	7 be acquired by the Department of Transportation under Article
404	404	8 4, Division 5 or Article 8 of the Illinois Highway Code) to be
405	405	9 taken is owned, leased, controlled, or operated and used by,
406	406	10 or necessary for the actual operation of, any interstate
407	407	11 common carrier or other public utility subject to the
408	408	12 jurisdiction of the Illinois Commerce Commission, a statement
409	409	13 to the effect that the approval of the proposed taking has been
410	410	14 secured from the Commission, and attaching to the motion a
411	411	15 certified copy of the order of the Illinois Commerce
412	412	16 Commission granting approval. If the schedule or plan of
413	413	17 operation is not set forth fully in the motion, a copy of the
414	414	18 schedule or plan shall be attached to the motion.
415	415	19 (Source: P.A. 94-1055, eff. 1-1-07.)
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