SB2253: GOVT DISCLOSURE-EMINENT DOMAIN

Legislative Summary

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Requires the Department of Transportation to consult with all Class 1 and short line railroads and relevant businesses engaged in the railroad industry in preparation of the State Rail Plan. Creates the Freight Rail Transportation Coordinating Committee. Amends the Public Officer Prohibited Activities Act. Authorizes an authorized representative to sign the disclosure with knowledge of the information required by the disclosure. Authorizes disclosure by providing a copy of the most recent proxy statement or other official corporate document filed in the previous calendar year with the Securities and Exchange Commission or similar federal regulatory body. Amends the Eminent Domain Act. Allows a party authorized to take property to file a complaint in circuit court if the owner agrees on the compensation to be paid but (i) is unable to convey clear title or provide all required documents to convey title or comply with any State or federal legal requirements to complete an acquisition by agreement; or (ii) the acquiring agency does not receive needed documents to enable processing of or the issuance of a warrant for the payment of compensation to the property owner. Provides that for property being acquired by the Department of Transportation under the Illinois Highway Code, the Illinois Commerce Commission shall issue its final order within 6 months after the date that the petition is filed unless the Commission extends the period for issuing a final order. Provides that the Commission may extend the 6-month period for issuing a final order for up to an additional 3-month period on its own motion or on a petition filed with good cause by any party. Provides that the Commission may grant such an extension for good cause. Provides that if the Commission extends the period for issuing a final order, then the schedule for the proceeding may not be further extended beyond the 3-month period, and the Commission shall issue its final order within the extension period. Authorizes the Commission to have the power to establish an expedited schedule for making its determination on a petition filed by the Department in less than 6 months if it finds that the public interest requires the setting of an expedited schedule. Allows notice to property owners to be sent, in addition to the United States Postal Service, by a designated private delivery service as defined by the Internal Revenue Service if the service provides the same function as certified mail with return receipt, or the letter is personally served. The Department of Transportation shall report to the General Assembly no later than January 31 of each year the number of cases filed with the Illinois Commerce Commission under this Article during the previous year and the length of time taken, in months, to issue each final order during the previous calendar year. Effective immediately.