Bill Status of HB1105  103rd General Assembly


Short Description:  ICC APPROVAL OF EMINENT DOMAIN

House Sponsors
Rep. Jay Hoffman and Anthony DeLuca

Senate Sponsors
(Sen. Christopher Belt)

Last Action
DateChamber Action
  6/9/2023HousePublic Act . . . . . . . . . 103-0013

Statutes Amended In Order of Appearance
65 ILCS 5/11-124-5
65 ILCS 5/11-139-12from Ch. 24, par. 11-139-12
735 ILCS 30/10-5-10was 735 ILCS 5/7-102


Synopsis As Introduced
Amends the Illinois Municipal Code and the Eminent Domain Act. Provides that property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission may not be taken or damaged by eminent domain without prior approval of the Illinois Commerce Commission. Excludes eminent domain actions commenced prior to the effective date of the amendatory Act. Effective immediately.

House Committee Amendment No. 1
In new provisions in the Eminent Domain Act about a requirement that the Illinois Commerce Commission must approve an eminent domain action relating to property belonging to a public utility that is subject to the jurisdiction of the Illinois Commerce Commission, provides that the requirement does not apply to property to be acquired by a municipality with 140,000 or more inhabitants or a regional water commission formed under specified provisions of the Illinois Municipal Code or a municipality that is a member of such a regional water commission, only in furtherance of purposes authorized under the specified provisions of the Illinois Municipal Code, and limited solely to interests in real property and not improvements to or assets on the real property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission.

Actions 
DateChamber Action
  1/6/2023HousePrefiled with Clerk by Rep. Jay Hoffman
  1/12/2023HouseFirst Reading
  1/12/2023HouseReferred to Rules Committee
  2/7/2023HouseAssigned to Public Utilities Committee
  2/27/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
  2/27/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2023HouseHouse Committee Amendment No. 1 Rules Refers to Public Utilities Committee
  2/28/2023HouseHouse Committee Amendment No. 1 Adopted in Public Utilities Committee; by Voice Vote
  2/28/2023HouseDo Pass as Amended / Short Debate Public Utilities Committee; 022-000-000
  2/28/2023HouseAdded Co-Sponsor Rep. Anthony DeLuca
  3/1/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseSecond Reading - Short Debate
  3/14/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/16/2023HouseThird Reading - Short Debate - Passed 111-000-000
  3/21/2023SenateArrive in Senate
  3/21/2023SenatePlaced on Calendar Order of First Reading
  3/21/2023SenateChief Senate Sponsor Sen. Christopher Belt
  3/21/2023SenateFirst Reading
  3/21/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Energy and Public Utilities
  4/20/2023SenateDo Pass Energy and Public Utilities; 016-000-000
  4/20/2023SenatePlaced on Calendar Order of 2nd Reading April 25, 2023
  4/25/2023SenateSecond Reading
  4/25/2023SenatePlaced on Calendar Order of 3rd Reading April 26, 2023
  5/4/2023SenateThird Reading - Passed; 055-000-000
  5/4/2023HousePassed Both Houses
  6/2/2023HouseSent to the Governor
  6/9/2023HouseGovernor Approved
  6/9/2023HouseEffective Date June 9, 2023
  6/9/2023HousePublic Act . . . . . . . . . 103-0013