093_HB0721enr

HB0721 Enrolled                      LRB093 05825 DRH 05918 b

 1        AN ACT in relation to airports.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short Title. This Act may  be  cited  as  the
 5    O'Hare Modernization Act.

 6        Section 5.  Findings and purposes.
 7        (a)  The Illinois General Assembly finds and determines:
 8             (1)  The reliability and efficiency of the State and
 9        national  air transportation systems significantly depend
10        on the efficiency of  the  Chicago  O'Hare  International
11        Airport.   O'Hare   has   an   essential   role   in  air
12        transportation for the State of Illinois. The reliability
13        and efficiency of air transportation  for  residents  and
14        businesses   in  Illinois  and  other  States  depend  on
15        efficient air traffic operations at O'Hare.
16             (2)  O'Hare cannot efficiently perform its  role  in
17        the  State and national air transportation systems unless
18        it is reconfigured with multiple parallel runways.
19             (3)  The O'Hare Modernization Program  will  enhance
20        the  economic  welfare  of  the State of Illinois and its
21        residents by creating  thousands  of  jobs  and  business
22        opportunities.
23             (4)  O'Hare  provides, and will continue to provide,
24        unique  air  transportation  functions  that  cannot   be
25        replaced by any other airport in Illinois.
26             (5)  Public  roadway  access  through  the  existing
27        western  boundary  of  O'Hare  to  passenger terminal and
28        parking facilities located inside the boundary of  O'Hare
29        and  reasonably  accessible  to that western access is an
30        essential element of the  O'Hare  Modernization  Program.
31        That  western  access  to O'Hare is needed to realize the
 
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 1        full  economic  opportunities  created  by   the   O'Hare
 2        Modernization    Program    and    to    improve   ground
 3        transportation in the O'Hare area. It is important to the
 4        State that the western access be  constructed  not  later
 5        than  the  time  existing  runway 14R-32L is removed from
 6        service.
 7             (6)  For the reasons stated in paragraphs (1),  (2),
 8        (3),  (4),  and  (5),  it  is  essential  that the O'Hare
 9        Modernization  Program  be  completed   efficiently   and
10        without unnecessary delay.
11             (7)  For  the reasons stated in paragraphs (1), (2),
12        (3), (4), and (5), it is essential  that  acquisition  of
13        property as required for the O'Hare Modernization Program
14        be completed as expeditiously as practicable.
15             (8)  The   General   Assembly  recognizes  that  the
16        planning,  construction,  and  use  of  O'Hare  and   the
17        planning,   construction,   and   use   of   the   O'Hare
18        Modernization   Program  will  be  subject  to  intensive
19        regulatory scrutiny by the  United  States  and  that  no
20        purpose  would  be  served  by  duplicative  or redundant
21        regulation of the safety and impacts of  the  airport  or
22        the O'Hare Modernization Program.
23             (9)  The  General  Assembly recognizes that the City
24        of  Chicago  has  enacted  and  successfully  implemented
25        ordinances that combat past  and  ongoing  discrimination
26        against  minorities and women in the market that competes
27        for contracts with the City of Chicago. These  ordinances
28        are  among  the  strongest  and  most  successful  in the
29        country, and have made significant progress in combatting
30        discrimination against minorities  and  women  throughout
31        northeastern Illinois.
32        (b)  It  is  the  intent of the General Assembly that all
33    agencies of this State and its subdivisions shall  facilitate
34    the  efficient  and  expeditious  completion  of  the  O'Hare
 
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 1    Modernization   Program   to   the  extent  not  specifically
 2    prohibited  by  law,  and  that  legal  impediments  to   the
 3    completion of the project be eliminated.

 4        Section 10.  Definitions. As used in this Act:
 5        "Airport  property" means (i) any property or an interest
 6    in property that is, or hereafter  becomes,  part  of  O'Hare
 7    International Airport and (ii) any property or an interest in
 8    property  that  is  not part of O'Hare International Airport,
 9    but that is acquired by the City of Chicago for  purposes  of
10    air  navigation  or  air  safety in accordance with standards
11    established by the Federal Aviation Administration.  "Airport
12    property", however, shall not include any substitute property
13    acquired  pursuant  to  Section  15  of  this  Act, including
14    property acquired for cemetery purposes.
15        "O'Hare  Modernization  Program"  means  the   plan   for
16    modernization   of   O'Hare   International  Airport  by  (1)
17    construction and reconfiguration of  runways,  taxiways,  and
18    facilities   for   movement   and   servicing   of  aircraft;
19    construction of western airport access and related  roadways;
20    construction  and  reconfiguration  of  roadways,  terminals,
21    passenger  transportation facilities, parking facilities, and
22    cargo facilities; construction  of  drainage  and  stormwater
23    management  facilities; and related projects, within the area
24    bounded on the north, between  Carmen  Drive  and  the  Union
25    Pacific/Canadian  Pacific  Railroad, by Old Higgins Road, and
26    between Old Higgins Road  and  Touhy  Avenue,  by  the  Union
27    Pacific/Canadian  Pacific  Railroad,  and  east  of the Union
28    Pacific/Canadian Pacific Railroad by the northern boundary of
29    O'Hare existing on January  1,  2003;  on  the  east  by  the
30    eastern  boundary  of  O'Hare existing on January 1, 2003; on
31    the southeast by the southeastern boundary of O'Hare existing
32    on January 1, 2003; on the south between the eastern boundary
33    of O'Hare and the Union  Pacific  Railroad  by  the  southern
 
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 1    boundary of O'Hare existing on January 1, 2003; on the south,
 2    between  the  Union Pacific Railroad and the east boundary of
 3    York Road by the Canadian Pacific railroad yard; on the west,
 4    between the Canadian Pacific Railroad Yard and  the  railroad
 5    spur intersecting York Road between Arthur and Pratt Avenues,
 6    by  the  east  boundary  of  York Road; and on the northwest,
 7    between York Road  and  the  Union  Pacific/Canadian  Pacific
 8    Railroad, by the railroad spur, and between the railroad spur
 9    and  the  point  at  which  the  extended eastern boundary of
10    Carmen Drive intersects the  Union  Pacific/Canadian  Pacific
11    Railroad, by the Union Pacific/Canadian Pacific Railroad, and
12    between  the  Union Pacific/Canadian Pacific Railroad and Old
13    Higgins Road, by the  extended  eastern  boundary  of  Carmen
14    Drive  and  by  Carmen  Drive;  and  (2)  provision  for  air
15    navigation  and  air  safety  outside that area in accordance
16    with  standards   established   by   the   Federal   Aviation
17    Administration.
18        "O'Hare" means Chicago O'Hare International Airport.
19        "City" means the City of Chicago.

20        Section  15.  Acquisition of property. In addition to any
21    other powers the City may have, and notwithstanding any other
22    law to the contrary, the City may  acquire  by  gift,  grant,
23    lease,  purchase,  condemnation  (including  condemnation  by
24    quick  take  under  Section  7-103.149  of  the Code of Civil
25    Procedure), or otherwise any right, title, or interest in any
26    private property, property held in the name of  or  belonging
27    to  any  public  body  or unit of government, or any property
28    devoted to a public use, or any other  rights  or  easements,
29    including  any  property,  rights,  or easements owned by the
30    State,  units  of  local  government,  or  school  districts,
31    including forest preserve districts, for purposes related  to
32    the  O'Hare  Modernization  Program.  The powers given to the
33    City under this Section include  the  power  to  acquire,  by
 
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 1    condemnation  or  otherwise,  any  property used for cemetery
 2    purposes within or outside of the City, and to  require  that
 3    the  cemetery  be removed to a different location. The powers
 4    given to the City under this Section  include  the  power  to
 5    condemn  or  otherwise acquire (other than by condemnation by
 6    quick  take  under  Section  7-103  of  the  Code  of   Civil
 7    Procedure),  and to convey, substitute property when the City
 8    reasonably determines that monetary compensation will not  be
 9    sufficient   or  practical  just  compensation  for  property
10    acquired  by  the  City  in  connection   with   the   O'Hare
11    Modernization Program. The acquisition of substitute property
12    is  declared  to  be  for public use. Property acquired under
13    this Section  includes  property  that  the  City  reasonably
14    determines  will  be  necessary for future use, regardless of
15    whether final regulatory or funding decisions have been made;
16    provided,  however,  that  quick-take  of  such  property  is
17    subject to Section 7-103.149 of the Code of Civil Procedure.

18        Section 20.  Condemnation by other governmental units. No
19    airport property may be subject to taking by condemnation  or
20    otherwise by any unit of local government other than the City
21    of  Chicago,  or by any agency, instrumentality, or political
22    subdivision of the State.

23        Section 21.  Reimbursement for tax base losses.
24        (a)  Whenever  the  City  acquires  parcels  of  property
25    within any school district or community college district  for
26    the  O'Hare  Modernization  Program,  the City shall, for the
27    following taxable year and for each of the  5  taxable  years
28    thereafter,  pay  to  that  district  the amount of the total
29    property  tax  liability  of  the  acquired  parcels  to  the
30    district for the 2002 taxable year,  increased  or  decreased
31    each  year  by  the percentage change of the district's total
32    tax extension for the current taxable year from the total tax
 
HB0721 Enrolled             -6-      LRB093 05825 DRH 05918 b
 1    extension for the prior taxable year; provided that no annual
 2    increase shall exceed the lesser of 5% or the annual increase
 3    in the Consumer Price Index. Funds payable by the City  under
 4    this  Section shall be paid exclusively from non-tax revenues
 5    generated at airports owned by the City, and shall not exceed
 6    the amount of those funds that can be paid for  that  purpose
 7    under 49 U.S.C. 47107(l)(2).
 8        (b)  Notwithstanding any other provision of this Section:
 9    (i)  no funds shall be payable by the City under this Section
10    with respect to any taxable year succeeding the 2009  taxable
11    year;  (ii)  in  no  event  shall such funds be payable on or
12    after January 1, 2010; (iii) in  no  event  shall  the  total
13    funds  paid  by  the  City  pursuant  to  this Section to all
14    districts for all taxable years exceed $20,000,000; and  (iv)
15    any amounts payable to a district by the City with respect to
16    any  parcel of property for any taxable year shall be reduced
17    by the amount of taxes actually paid to the district for that
18    taxable year with respect to that  parcel  or  any  leasehold
19    interest therein.
20        (c)  Whenever  the City acquires property that is subject
21    to this Section, the City shall notify the  assessor  of  the
22    county  in which the property is located. The assessor or the
23    clerk of that county shall, on an annual  basis,  notify  the
24    affected school district or community college district of all
25    property  that  has  been identified as being subject to this
26    Section, and shall provide the district  and  the  City  with
27    such  information  as  may  be  required  in  determining the
28    amounts payable by the City  under  this  Section.  The  City
29    shall make payments as required by this Section no later than
30    90  days  after  that information is received and verified by
31    the City.
32        (d)  As used in  this  Section,  "Consumer  Price  Index"
33    means  the  Consumer  Price Index for All Urban Consumers for
34    all items published by the United States Department of Labor.
 
HB0721 Enrolled             -7-      LRB093 05825 DRH 05918 b
 1        Section 25.  Jurisdiction over airport property.  Airport
 2    property  shall not be subject to the the laws of any unit of
 3    local government except as provided by ordinance of the City.
 4    Plans of all public  agencies  that  may  affect  the  O'Hare
 5    Modernization  Program  shall  be  consistent with the O'Hare
 6    Modernization Program, and to the extent that any plan of any
 7    public  agency  or  unit  or  division  of  State  or   local
 8    government  is  inconsistent  with  the  O'Hare Modernization
 9    Program, that plan is and shall be void and of no effect.

10        Section  27.  Minority  and  women-owned  businesses  and
11    workers. All City  contracts  for  the  O'Hare  Modernization
12    Program  shall be subject to all applicable ordinances of the
13    City governing  contracting  with  minority  and  women-owned
14    businesses   and  prohibiting  discrimination  and  requiring
15    appropriate affirmative action with respect to  minority  and
16    women  participants  in  the  work  force,  including but not
17    limited to Section 2-92-330 of the Municipal Code of the City
18    of Chicago (relating to hiring of Chicago residents), Section
19    2-92-390 of  the  Municipal  Code  of  the  City  of  Chicago
20    (relating  to  hiring  of women and minorities), and Sections
21    2-92-420 through 2-92-570 of the Municipal Code of  the  City
22    of  Chicago  (relating to contracting with minority-owned and
23    women-owned business enterprises), to the extent permitted by
24    law and federal funding restrictions.  The  City  of  Chicago
25    shall  file  semi-annual  reports  with  the General Assembly
26    documenting compliance with such ordinances with  respect  to
27    work  performed  as  part of the O'Hare Modernization Program
28    and disclosing the extent to which that work is performed  by
29    minority and women workers and minority-owned and women-owned
30    business enterprises.

31        Section  28.  Advisory Committee. An O'Hare Modernization
32    Advisory Committee is established  to  monitor,  review,  and
 
HB0721 Enrolled             -8-      LRB093 05825 DRH 05918 b
 1    report the utilization of minority owned business enterprises
 2    and  women  owned business enterprises, as defined in Section
 3    2-92-420 in the Municipal Code of the City  of  Chicago,  the
 4    employment  of  women,  and  the employment of minorities, as
 5    defined in Section 2-92-420 of the Municipal Code of the City
 6    of Chicago, during the O'Hare Modernization project. The City
 7    of  Chicago  shall  work  with  the  Advisory  Committee   in
 8    accumulating  necessary  information  for  the  Committee  to
 9    submit reports, as necessary, to the General Assembly and the
10    City of Chicago. The Committee shall consist of 13 members: 7
11    members  selected  by  the  Mayor  of  the City of Chicago; 2
12    members selected by the President of the Illinois  Senate;  2
13    members  selected  by  the  Speaker  of the Illinois House of
14    Representatives; one member selected by the  Minority  Leader
15    of  the  Illinois  Senate;  and  one  member  selected by the
16    Minority Leader of the Illinois House of Representatives.
17        The Advisory Committee shall meet periodically and  shall
18    report  the  information gathered to the Mayor of the City of
19    Chicago and to the General Assembly by December 31st of every
20    year.

21        Section 30.  Home Rule. It is declared to be the  law  of
22    this State, pursuant to paragraph (h) of Section 6 of Article
23    VII  of  the  Illinois  Constitution, that the regulation and
24    supervision of the City of Chicago's  implementation  of  the
25    O'Hare  Modernization  Program is an exclusive State function
26    that may not be exercised concurrently by any unit  of  local
27    government.

28        Section   90.  The   Archeological   and  Paleontological
29    Resources Protection Act is amended by adding Section 1.5  as
30    follows:

31        (20 ILCS 3435/1.5 new)
 
HB0721 Enrolled             -9-      LRB093 05825 DRH 05918 b
 1        Sec.  1.5.  O'Hare  Modernization.  Nothing  in  this Act
 2    limits the authority of the City of Chicago to  exercise  its
 3    powers  under  the  O'Hare Modernization Act or requires that
 4    City, or any person acting on behalf of that City, to  obtain
 5    a  permit under this Act when acquiring property or otherwise
 6    exercising its powers under the O'Hare Modernization Act.

 7        Section 91.  The Human Skeletal Remains Protection Act is
 8    amended by adding Section 4.5 as follows:

 9        (20 ILCS 3440/4.5 new)
10        Sec. 4.5.  O'Hare  Modernization.  Nothing  in  this  Act
11    limits  the  authority of the City of Chicago to exercise its
12    powers under the O'Hare Modernization Act  or  requires  that
13    City,  or any person acting on behalf of that City, to obtain
14    a permit under this Act when acquiring property or  otherwise
15    exercising its powers under the O'Hare Modernization Act.

16        Section  92.   The  Illinois Municipal Code is amended by
17    changing Sections 11-51-1, 11-102-2, and 11-102-4 as follows:

18        (65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)
19        Sec. 11-51-1.  Cemetery removal. Whenever any cemetery is
20    embraced  within  the  limits  of  any  city,   village,   or
21    incorporated  town, the corporate authorities thereof, if, in
22    their opinion, any good cause exists why such cemetery should
23    be removed, may cause the remains  of  all  persons  interred
24    therein  to be removed to some other suitable place. However,
25    the corporate authorities shall first obtain  the  assent  of
26    the trustees or other persons having the control or ownership
27    of  such  cemetery, or a majority thereof. When such cemetery
28    is  owned  by  one  or  more  private  parties,  or   private
29    corporation  or  chartered society, the corporate authorities
30    of such city may require the removal of such cemetery  to  be
 
HB0721 Enrolled             -10-     LRB093 05825 DRH 05918 b
 1    done  at  the  expense  of  such  private parties, or private
 2    corporation or chartered society, if such  removal  be  based
 3    upon  their  application.  Nothing in this Section limits the
 4    powers  of  the  City  of  Chicago  to  acquire  property  or
 5    otherwise exercise its powers under Section 15 of the  O'Hare
 6    Modernization Act.
 7    (Source: P.A. 87-1153.)

 8        (65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
 9        Sec.  11-102-2.  Every  municipality specified in Section
10    11-102-1 may purchase,  construct,  reconstruct,  expand  and
11    improve  landing  fields,  landing  strips,  landing  floats,
12    hangers,  terminal  buildings  and  other structures relating
13    thereto  and  may  provide  terminal  facilities  for  public
14    airports; may construct, reconstruct and  improve  causeways,
15    roadways,  and  bridges for approaches to or connections with
16    the landing fields, landing strips and  landing  floats;  and
17    may  construct and maintain breakwaters for the protection of
18    such  airports  with  a  water  front.  Before  any  work  of
19    construction is commenced in, over or upon any public  waters
20    of  the state, the plans and specifications therefor shall be
21    submitted to and approved by the Department of Transportation
22    of the state. Submission to and approval by the Department of
23    Transportation is not required for any work  or  construction
24    undertaken  as  part  of  the O'Hare Modernization Program as
25    defined in Section 10 of the O'Hare Modernization Act.
26    (Source: P.A. 81-840.)

27        (65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
28        Sec. 11-102-4. Every municipality  specified  in  Section
29    11-102-1  may  contract  for the removal or relocation of all
30    buildings, railways, mains, pipes,  conduits,  wires,  poles,
31    and  all other structures, facilities and equipment which may
32    interfere with the location, expansion or improvement of  any
 
HB0721 Enrolled             -11-     LRB093 05825 DRH 05918 b
 1    public airport, or with the safe approach thereto or take-off
 2    therefrom by aircraft, and may acquire by gift, grant, lease,
 3    purchase,  condemnation  or  otherwise  any private property,
 4    public property or property devoted  to  any  public  use  or
 5    rights  or  easements  therein  for any purpose authorized by
 6    this Section and Sections 11-102-1 through 11-102-3.  Nothing
 7    in  this  Section limits the powers of the City of Chicago to
 8    acquire property  or  otherwise  exercise  its  powers  under
 9    Section 15 of the O'Hare Modernization Act.
10    (Source: Laws 1961, p. 576.)

11        Section  93.   The Downstate Forest Preserve District Act
12    is amended by changing Section 5e as follows:

13        (70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)
14        Sec. 5e.  Property owned by a  forest  preserve  district
15    shall  not  be  subject  to  eminent  domain  or condemnation
16    proceedings, except as otherwise provided in  Section  15  of
17    the O'Hare Modernization Act.
18    (Source: P.A. 85-993.)

19        Section  93.5.   The  Vital  Records  Act  is  amended by
20    changing Section 21 as follows:

21        (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
22        Sec. 21.  (1) The funeral director or  person  acting  as
23    such  who first assumes custody of a dead body or fetus shall
24    make a written report to the registrar  of  the  district  in
25    which  death occurred or in which the body or fetus was found
26    within 24 hours after taking custody of the body or fetus  on
27    a form prescribed and furnished by the State Registrar and in
28    accordance with the rules promulgated by the State Registrar.
29    Except  as  specified  in  paragraph (2) of this Section, the
30    written report shall serve as a permit to transport, bury  or
 
HB0721 Enrolled             -12-     LRB093 05825 DRH 05918 b
 1    entomb the body or fetus within this State, provided that the
 2    funeral  director or person acting as such shall certify that
 3    the physician in charge of the patient's care for the illness
 4    or condition which resulted in death has been  contacted  and
 5    has  affirmatively  stated  that  he  will  sign  the medical
 6    certificate of death or the fetal death  certificate.   If  a
 7    funeral  director  fails  to  file written reports under this
 8    Section in a timely manner, the local registrar  may  suspend
 9    the funeral director's privilege of filing written reports by
10    mail.  In  a county with a population greater than 3,000,000,
11    if a funeral director or person  acting  as  such  inters  or
12    entombs a dead body  without having previously certified that
13    the physician in charge of the patient's care for the illness
14    or  condition  that  resulted in death has been contacted and
15    has affirmatively stated that he or she will sign the medical
16    certificate of death, then that funeral  director  or  person
17    acting  as  such   is responsible for payment of the specific
18    costs incurred by the county medical examiner in disinterring
19    and reinterring or reentombing the dead body.
20        (2)  The written report as specified in paragraph (1)  of
21    this Section shall not serve as a permit to:
22             (a)  Remove body or fetus from this State;
23             (b)  Cremate the body or fetus; or
24             (c)  Make  disposal  of  any  body  or  fetus in any
25        manner when death is subject to the coroner's or  medical
26        examiner's investigation.
27        (3)  In  accordance  with the provisions of paragraph (2)
28    of this Section the funeral director or person acting as such
29    who first assumes custody of  a  dead  body  or  fetus  shall
30    obtain a permit for disposition of such dead human body prior
31    to final disposition or removal from the State of the body or
32    fetus.   Such  permit shall be issued by the registrar of the
33    district where death occurred or the body or fetus was found.
34    No such permit shall be issued  until  a  properly  completed
 
HB0721 Enrolled             -13-     LRB093 05825 DRH 05918 b
 1    certificate  of death has been filed with the registrar.  The
 2    registrar  shall  insure  the  issuance  of  a   permit   for
 3    disposition within an expedited period of time to accommodate
 4    Sunday  or  holiday  burials of decedents whose time of death
 5    and religious tenets or beliefs necessitate Sunday or holiday
 6    burials.
 7        (4)  A permit which accompanies  a  dead  body  or  fetus
 8    brought   into  this  State  shall  be  authority  for  final
 9    disposition of the body or fetus in  this  State,  except  in
10    municipalities where local ordinance requires the issuance of
11    a local permit prior to disposition.
12        (5)  A  permit for disposition of a dead human body shall
13    be required prior to disinterment of a dead  body  or  fetus,
14    and  when  the  disinterred body is to be shipped by a common
15    carrier.  Such permit shall be issued to a  licensed  funeral
16    director  or  person acting as such, upon proper application,
17    by the local registrar of the district in which  disinterment
18    is   to   be  made.  In  the  case  of  disinterment,  proper
19    application shall include a statement providing the name  and
20    address of any surviving spouse of the deceased, or, if none,
21    any  surviving  children  of the deceased, or if no surviving
22    spouse or children, a  parent,  brother,  or  sister  of  the
23    deceased.    The   application  shall  indicate  whether  the
24    applicant is one of these parties and,  if  so,  whether  the
25    applicant  is a surviving spouse or a surviving child.  Prior
26    to the issuance of  a  permit  for  disinterment,  the  local
27    registrar  shall,  by  certified  mail,  notify the surviving
28    spouse, unless he or she is the applicant, or if there is  no
29    surviving  spouse,  all  surviving  children  except  for the
30    applicant, of the application for the permit.  The person  or
31    persons  notified  shall have 30 days from the mailing of the
32    notice to object by obtaining  an  injunction  enjoining  the
33    issuance of the permit.  After the 30-day period has expired,
34    the  local  registrar shall issue the permit unless he or she
 
HB0721 Enrolled             -14-     LRB093 05825 DRH 05918 b
 1    has been enjoined from doing so or there are other  statutory
 2    grounds  for  refusal.  The notice to the spouse or surviving
 3    children shall inform the person or persons being notified of
 4    the  right  to   seek   an   injunction   within   30   days.
 5    Notwithstanding any other provision of this subsection (5), a
 6    court may order issuance of a permit for disinterment without
 7    notice  or prior to the expiration of the 30-day period where
 8    the petition is made by an agency of  any  governmental  unit
 9    and  good  cause  is shown for disinterment without notice or
10    for the early order. Nothing in this  subsection  (5)  limits
11    the  authority  of the City of Chicago to acquire property or
12    otherwise exercise its powers under the O'Hare  Modernization
13    Act  or requires that City, or any person acting on behalf of
14    that City, to obtain a permit under this subsection (5)  when
15    exercising powers under the O'Hare Modernization Act.
16    (Source: P.A. 88-261; 89-381, eff. 8-18-95.)

17        Section  94.   The Illinois Aeronautics Act is amended by
18    changing Sections 38.01 and 47 and by adding Section 47.1  as
19    follows:

20        (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
21        Sec. 38.01.  Project applications.
22        (a)  No  municipality  or  political  subdivision in this
23    state,  whether  acting  alone  or   jointly   with   another
24    municipality  or  political  subdivision  or  with the state,
25    shall submit any project application under the provisions  of
26    the  Airport  and  Airway  Improvement  Act  of  1982, or any
27    amendment  thereof,  unless  the  project  and  the   project
28    application  have  been  first approved by the Department. No
29    such municipality or  political  subdivision  shall  directly
30    accept,  receive, or disburse any funds granted by the United
31    States under the Airport and Airway Improvement Act of  1982,
32    but it shall designate the Department as its agent to accept,
 
HB0721 Enrolled             -15-     LRB093 05825 DRH 05918 b
 1    receive,  and disburse such funds, provided, however, nothing
 2    in  this  Section  shall  be  construed   to   prohibit   any
 3    municipality  or  any  political  subdivision  of  more  than
 4    500,000  inhabitants  from  disbursing such funds through its
 5    corporate authorities. It shall enter into an agreement  with
 6    the  Department  prescribing the terms and conditions of such
 7    agency in accordance with federal laws, rules and regulations
 8    and applicable laws of this state. This subsection  (a)  does
 9    not  apply to any project application submitted in connection
10    with the O'Hare Modernization Program as defined  in  Section
11    10 of the O'Hare Modernization Act.
12        (b)  The City of Chicago may submit a project application
13    under  the  provisions  of the Airport and Airway Improvement
14    Act of 1982, as  now  or  hereafter  amended,  or  any  other
15    federal law providing for airport planning or development, if
16    the  application  is  submitted in connection with the O'Hare
17    Modernization Program as defined in Section 10 of the  O'Hare
18    Modernization Act, and the City may directly accept, receive,
19    and disburse any such funds.
20    (Source: P.A. 92-341, eff. 8-10-01.)

21        (620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
22        Sec.   47.  Operation  without  certificate  of  approval
23    unlawful; applications.)  An application for a certificate of
24    approval of an airport or restricted  landing  area,  or  the
25    alteration or extension thereof, shall set forth, among other
26    things, the location of all railways, mains, pipes, conduits,
27    wires,  cables,  poles and other facilities and structures of
28    public service corporations or municipal  or  quasi-municipal
29    corporations, located within the area proposed to be acquired
30    or  restricted,  and the names of persons owning the same, to
31    the  extent  that  such   information   can   be   reasonably
32    ascertained by the applicant.
33        It  shall  be  unlawful  for  any  municipality  or other
 
HB0721 Enrolled             -16-     LRB093 05825 DRH 05918 b
 1    political subdivision, or officer or employee thereof, or for
 2    any person,  to  make  any  alteration  or  extension  of  an
 3    existing  airport  or  restricted  landing area, or to use or
 4    operate any airport or restricted landing area, for  which  a
 5    certificate   of   approval   has  not  been  issued  by  the
 6    Department; Provided, that no certificate of  approval  shall
 7    be  required  for an airport or restricted landing area which
 8    was in existence and approved  by  the  Illinois  Aeronautics
 9    Commission,  whether or not being operated, on or before July
10    1, 1945, or for the O'Hare Modernization Program  as  defined
11    in  Section 10 of the O'Hare Modernization Act; except that a
12    certificate of approval shall be required under this  Section
13    for  construction  of  a  new  runway at O'Hare International
14    Airport with a geographical orientation that  varies  from  a
15    geographical  east-west  orientation by more than 10 degrees,
16    or for construction of a new  runway  at  that  airport  that
17    would  result  in  more  than  8  runways being available for
18    aircraft operations at that  airport.  The  Department  shall
19    supervise,  monitor,  and  enforce compliance with the O'Hare
20    Modernization Act by all  other  departments,  agencies,  and
21    units of State and local government.
22        Provisions  of  this  Section  do  not  apply  to special
23    purpose aircraft designated as such by  the  Department  when
24    operating  to  or  from uncertificated areas other than their
25    principal base of operations,  provided  mutually  acceptable
26    arrangements  are  made with the property owner, and provided
27    the owner or operator of  the  aircraft  assumes  liabilities
28    which may arise out of such operations.
29    (Source: P.A. 81-840.)

30        (620 ILCS 5/47.1 new)
31        Sec.  47.1.  Review by Department of O'Hare Modernization
32    Program. The Department shall monitor the  design,  planning,
33    financing,  and  construction  of  the  O'Hare  Modernization
 
HB0721 Enrolled             -17-     LRB093 05825 DRH 05918 b
 1    Program  as defined in Section 10 of the O'Hare Modernization
 2    Act in order to ensure that the O'Hare Modernization  Program
 3    proceeds  in  a timely, efficient, and safe manner, and shall
 4    monitor the effects of the O'Hare  Modernization  Program  on
 5    units   of   local   government  throughout  the  State.  The
 6    Department shall file reports with the  General  Assembly  as
 7    the  Department  deems  appropriate  concerning  the  design,
 8    planning,   financing,   and   construction   of  the  O'Hare
 9    Modernization Program as defined in Section 10 of the  O'Hare
10    Modernization   Act,   and   the   effects   of   the  O'Hare
11    Modernization Program on units of local government.

12        Section 95.  The Code of Civil Procedure  is  amended  by
13    changing  Section  2-103  and  adding  Section  7-103.149  as
14    follows:

15        (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
16        Sec.  2-103.  Public corporations - Local actions - Libel
17    - Insurance companies.
18        (a)  Actions must be brought against a public, municipal,
19    governmental or quasi-municipal corporation in the county  in
20    which  its  principal  office  is located or in the county in
21    which the transaction or some part thereof  occurred  out  of
22    which  the  cause  of  action  arose.    Except  as otherwise
23    provided in Section 7-102 of  this  Code,  if  the  cause  of
24    action  is  related  to  an  airport owned by a unit of local
25    government or the property or  aircraft  operations  thereof,
26    however,     including     an    action    challenging    the
27    constitutionality of this amendatory Act of the 93rd  General
28    Assembly,  the  action must be brought in the county in which
29    the unit of local government's principal office  is  located.
30    Actions  to  recover  damage  to  real  estate  which  may be
31    overflowed or otherwise damaged by reason of any act  of  the
32    corporation  may  be  brought  in  the  county where the real
 
HB0721 Enrolled             -18-     LRB093 05825 DRH 05918 b
 1    estate or some part of it is situated, or in the county where
 2    the corporation is  located,  at  the  option  of  the  party
 3    claiming  to  be  injured.  Except  as  otherwise provided in
 4    Section 7-102 of this Code,  any  cause  of  action  that  is
 5    related  to  an  airport owned by a unit of local government,
 6    and that is pending on or after the effective  date  of  this
 7    amendatory Act of the 93rd General Assembly in a county other
 8    than  the  county  in  which  the  unit of local government's
 9    principal office  is  located,  shall  be  transferred,  upon
10    motion  of any party under Section 2-106 of this Code, to the
11    county in which the  unit  of  local  government's  principal
12    office is located.
13        (b)  Any  action  to  quiet  title  to real estate, or to
14    partition or recover possession thereof  or  to  foreclose  a
15    mortgage or other lien thereon, must be brought in the county
16    in which the real estate or some part of it is situated.
17        (c)  Any  action  which is made local by any statute must
18    be brought in the county designated in the statute.
19        (d)  Every action against any owner,  publisher,  editor,
20    author  or  printer  of  a  newspaper  or magazine of general
21    circulation for libel contained in that newspaper or magazine
22    may be commenced only in the county in  which  the  defendant
23    resides  or  has his, her or its principal office or in which
24    the  article  was  composed  or  printed,  except  when   the
25    defendant  resides  or  the  article was printed without this
26    State, in either of which cases the action may  be  commenced
27    in any county in which the libel was circulated or published.
28        (e)  Actions  against  any insurance company incorporated
29    under the law of this State or doing business in  this  State
30    may  also  be brought in any county in which the plaintiff or
31    one of the plaintiffs may reside.
32    (Source: P.A. 85-887.)

33        (735 ILCS 5/7-103.149 new)
 
HB0721 Enrolled             -19-     LRB093 05825 DRH 05918 b
 1        Sec. 7-103.149. Quick-take; O'Hare Modernization  Program
 2    purposes.  Quick-take  proceedings under Section 7-103 may be
 3    used by the City of Chicago  for  the  purpose  of  acquiring
 4    property within the area bounded on the north, between Carmen
 5    Drive and the Union Pacific/Canadian Pacific Railroad, by Old
 6    Higgins  Road, and between Old Higgins Road and Touhy Avenue,
 7    by the Union Pacific/Canadian Pacific Railroad, and  east  of
 8    the  Union  Pacific/Canadian Pacific Railroad by the northern
 9    boundary of O'Hare existing on January 1, 2003; on  the  east
10    by  the  eastern  boundary  of  O'Hare existing on January 1,
11    2003; on the southeast by the southeastern boundary of O'Hare
12    existing on January 1, 2003; on the south between the eastern
13    boundary of O'Hare and the  Union  Pacific  Railroad  by  the
14    southern  boundary  of O'Hare existing on January 1, 2003; on
15    the south, between the Union Pacific Railroad  and  the  east
16    boundary  of York Road by the Canadian Pacific railroad yard;
17    on the west, between the Canadian Pacific Railroad  Yard  and
18    the  railroad  spur intersecting York Road between Arthur and
19    Pratt Avenues, by the east boundary of York Road; and on  the
20    northwest,  between  York Road and the Union Pacific/Canadian
21    Pacific Railroad, by  the  railroad  spur,  and  between  the
22    railroad  spur  and  the  point at which the extended eastern
23    boundary   of   Carmen    Drive    intersects    the    Union
24    Pacific/Canadian    Pacific    Railroad,    by    the   Union
25    Pacific/Canadian Pacific  Railroad,  and  between  the  Union
26    Pacific/Canadian  Pacific  Railroad  and Old Higgins Road, by
27    the extended eastern boundary of Carmen Drive and  by  Carmen
28    Drive,  for  the  O'Hare  Modernization Program as defined in
29    Section 10 of the O'Hare Modernization Act.

30        Section 96.  The Religious  Freedom  Restoration  Act  is
31    amended by adding Section 30 as follows:

32        (775 ILCS 35/30 new)
 
HB0721 Enrolled             -20-     LRB093 05825 DRH 05918 b
 1        Sec.  30.  O'Hare  Modernization.  Nothing  in  this  Act
 2    limits  the  authority of the City of Chicago to exercise its
 3    powers under the O'Hare Modernization Act for the purposes of
 4    relocation of cemeteries or the graves located therein.

 5        Section 98.  Severability. The provisions of this Act are
 6    severable under Section 1.31 of the Statute on Statutes.

 7        Section 99.  Effective date. This Act takes  effect  upon
 8    its becoming law, and Section 95 of this Act applies to cases
 9    pending on or after the effective date.