Illinois General Assembly - Full Text of HR0105

HR0105 LRB104 08593 JDS 18645 r

HOUSE RESOLUTION

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the House of Representatives of the 104th General Assembly are amended by changing Rule 41 as follows:

(House Rule 41)

41. Note Requests; Quick Takes.

(a) The House shall comply with all Illinois laws requiring fiscal or other notes. The notes shall be filed with the Clerk, who shall affix each note with a time stamp endorsing the date and time received, and attached to the original of the bill and available for inspection by the members. As soon as practical, the Clerk shall provide a copy of the note to the Legislative Reference Bureau, which shall provide an informative summary of the note in subsequent issues of the Legislative Digest.

A motion to have any note request deemed inapplicable may be made by the Principal Sponsor of the bill, or by a chief co-sponsor with the consent of the Principal Sponsor, at any time and shall be adopted by a majority of those voting on the motion. No member, except the Principal Sponsor of the bill, may file a request for a note with the Clerk during debate of the legislative measure to which the note relates. At the request of the Principal Sponsor of a bill, or by a chief co-sponsor with the consent of the Principal Sponsor, a note request for the bill as introduced into the House or received from the Senate shall be automatically deemed inapplicable if (i) one or more House amendments to the bill have been adopted, and (ii) a note of the same type for the bill as amended by each adopted House amendment has been filed with the Clerk. If any such adopted House amendment is later tabled, the note request for the bill as introduced into or received by the House shall immediately become applicable. A note request deemed inapplicable under this Rule shall not be further considered and shall not prevent the bill from advancing.

(b) No bill authorizing or directing the conveyance by the State of any particular interest in real estate to any individual or entity other than a governmental unit or agency may be voted upon in committee or upon Second Reading unless a certified appraisal of the value of the interest has been filed. The appraisal shall be filed with the Clerk of the House, and shall be part of the permanent record for that bill.

(c) No bill authorizing the State or a unit of local government to acquire property by eminent domain using "quick-take" powers under the Eminent Domain Act may be voted upon in committee or on Second Reading unless the State or the unit of local government, as applicable, has complied with all of the following procedures:

(1) The State or the unit of local government must notify each owner of an interest in the property, by certified mail, of the intention of the State or the unit of local government to request approval of legislation by the General Assembly authorizing the State or the unit of local government to acquire the property by eminent domain using "quick-take" powers under Section 20-5-5 of the Eminent Domain Act.

(2) The State or the unit of local government must cause notice of its intention to request authorization to acquire the property by eminent domain using "quick-take" powers to be published in a newspaper of general circulation in the territory sought to be acquired by the State or the unit of local government.

(3) Following the notices required under paragraphs (1) and (2), the State or the unit of local government must hold at least one public hearing, at the place where the unit of local government normally holds its business meetings (or, in the case of property sought to be acquired by the State: (i) at a location in the county in which the property sought to be acquired by the State is located, or (ii) if the property is located in Cook County, at a location in the township in which the property is located, or (iii) if the property is located in 2 adjacent counties other than Cook County or in 2 adjacent townships in Cook County, at a location in the county or in the township in Cook County in which the majority of the property is located, or (iv) if the property is located in Cook County and an adjacent county, at a location in the other county or in the township in Cook County in which the majority of the property is located), on the question of the acquisition of the property by the State or the unit of local government by eminent domain using "quick-take" powers.

(4) In the case of property sought to be acquired by a unit of local government, following the public hearing or hearings held under paragraph (3), the unit of local government must adopt, by recorded vote, a resolution to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property by eminent domain using "quick-take" powers under the Eminent Domain Act. The resolution must include a statement of the time period within which the unit of local government requests authority to exercise "quick-take" powers, which may not exceed one year.

(5) Following the public hearing or hearings held under paragraph (3), the head of the appropriate State office, department, or agency or the chief elected official of the unit of local government, as applicable, must submit to the Chairperson and Minority Spokesperson of the House Executive Committee a sworn, notarized affidavit that contains, or has attached as an incorporated exhibit, all of the following:

(A) The legal description of the property.

(B) The street address of the property.

(C) The name of each State Senator and State Representative who represents the territory that is the subject of the proposed taking.

(D) The date or dates on which the State or the unit of local government contacted each such State Senator and State Representative concerning the intention of the State or the unit of local government to request approval of legislation by the General Assembly authorizing the State or the unit of local government to acquire the property by eminent domain using "quick-take" powers.

(E) The current name, address, and telephone number of each owner of an interest in the property.

(F) A summary of all negotiations between the State or the unit of local government and the owner or owners of the property concerning the sale of the property to the State or the unit of local government.

(G) A statement of the date and location of each public hearing held under paragraph (3).

(H) A statement of the public purpose for which the State or the unit of local government seeks to acquire the property.

(I) The certification of the head of the appropriate State office, department, or agency or the chief elected official of the unit of local government, as applicable, that (i) the property is located within the territory under the jurisdiction of the State or the unit of local government and (ii) the State or the unit of local government seeks to acquire the property for a public purpose.

(J) A map of the area in which the property to be acquired is located, showing the location of the property.

(K) Photographs of the property.

(L) An appraisal of the property by a real estate appraiser who is certified or licensed under the Real Estate Appraiser Licensing Act of 2002.

(M) In the case of property sought to be acquired by a unit of local government, a copy of the resolution adopted by the unit of local government under paragraph (4).

(N) Documentation of the public purpose for which the State or the unit of local government seeks to acquire the property.

(O) A copy of each notice sent to an owner of an interest in the property under paragraph (1).

A request for quick-take authority shall not be considered by a House committee fewer than 30 days after the date of the notice to each property owner as required by paragraph (1).

Every affidavit submitted by the State or a unit of local government pursuant to this Rule 41(c), together with all documents and other items submitted with the affidavit, must be made available to any person upon request for inspection and copying.

(Source: H.R. 15, 104th G.A.)