SB2063eng 95TH GENERAL ASSEMBLY

SB2063 Engrossed LRB095 14704 DRH 40625 b

AN ACT concerning transportation.

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

ARTICLE 1. TITLE AND DEFINITIONS

Section 1-1. Short title. This Act may be cited as the South Suburban Airport Authority Act.

Section 1-5. Definitions. As used in this Act:

"Airport" means a facility for passenger, cargo, or military air service, including, without limitation, landing fields, taxiways, aprons, runways, runway clear areas, hangars, aircraft service facilities, approaches, terminals, inspection facilities, parking, internal transit facilities, fueling facilities, cargo handling facilities, concessions, rapid transit and roadway access, land and interests in land, public waters, submerged land under public waters and reclaimed land located on previously submerged land under public waters, and all other property and appurtenances necessary or useful for development, ownership and operation of any such facilities, all located on the site of the airport. It further includes commercial or industrial facilities located on the site of the airport and related to the functioning of the airport or to providing services to users of the airport.

"Airport Boundaries" means the limits of the approved airport property for the current South Suburban Airport as shown on an airport layout plan approved by the Federal Aviation Administration, or any successor agency.

"Authority" means the South Suburban Airport Authority created by this Act.

"Board" means the Board of Directors of the Authority.

"Bonds" means any obligations of the Authority with respect to borrowed money, including, without limitation, bonds, notes, certificates of participation, lines of credit, leases, and installment or conditional purchase agreements.

"Department" means the Illinois Department of Transportation.

"Executive Director" means the Board-appointed chief executive officer of the Authority.

"Governmental entity" means any political subdivision, school district, municipal corporation, unit of local government, or airport authority.

"South Suburban Airport" means the airport to be developed on a site located in Will County and approved by the Federal Aviation Administration in the Record of Decision for Tier 1: FAA Site Approval And Land Acquisition By The State Of Illinois, Proposed South Suburban Airport, Will County, Illinois, dated July 2002. The airport location is reflected in Figure R-3 of the Record of Decision, and includes all of the land lying within the ultimate acquisition boundary depicted in Figure R-3. The ultimate airport boundaries shall be modified to reflect the ultimate airport boundaries in an airport layout plan approved by the Federal Aviation Administration, or any successor agency, and as reflected later in any approved airport layout plan.

ARTICLE 2. PURPOSE AND FINDINGS

Section 2-5. Purpose. The purpose of this Act is to create the Authority as an Illinois political subdivision, municipal corporation, and unit of local government with the powers set forth in this Act, including power to take all needed steps for the ownership, planning, acquisition, design, construction, development, and operation of the South Suburban Airport.

Section 2-10. Findings. It is found and declared by the General Assembly as follows:

(1) Providing facilities for air travel to and from the South Suburban Airport is essential for the health and welfare of the people of the State of Illinois and economic development of the State of Illinois.

(2) Airport development has significant regional impacts with regard to economic development, public infrastructure requirements, traffic, noise, and other concerns.

(3) To provide for the health and welfare of the people and economy of the South Suburban Airport Area and the State, it is necessary that there be regional control by the Authority of the ownership, planning, acquisition, design, construction, development, and operation of the South Suburban Airport.

Section 2-15. Exclusive exercise of State power. To the extent this Act grants the Authority power to plan, coordinate development of, make improvements to, zone for airport operation, safety, efficiency, and compatibility, control and operate the South Suburban Airport, it constitutes an exclusive exercise of those powers on behalf of the State in accordance with subsection (h) of Section 6 of Article VII of the Illinois Constitution and accordingly is a limitation on the powers of home rule units to regulate or supervise planning, construction, development, zoning for airport compatibility or operation of the South Suburban Airport.

ARTICLE 3. ESTABLISHMENT

Section 3-5. Creation of the Authority. There is created the South Suburban Airport Authority, which shall be an Illinois political subdivision, municipal corporation, and unit of local government.

ARTICLE 4. GOVERNANCE

Section 4-5. Board of Directors.

(a) The governing body of the Authority shall be a Board of Directors. The Board of Directors shall have 7 directors appointed as follows:

(1) Four directors shall be appointed by the Will County Executive, with the advice and consent of the Will County Board; one of these 4 directors shall be a resident of the 6 township eastern Will County area consisting of the townships of Crete, Green Garden, Monee, Peotone, Washington and Will;

(2) one director shall be appointed collectively by the municipalities of Beecher, Crete, Monee, Peotone and University Park; the selection procedure for this director shall be as follows: the village president of each municipality, with the advice and consent of the municipality's board of trustees, shall submit one candidate for consideration within 30 days after the effective date of this Act, and thereafter within 30 days of any vacancy or expiration of the term of the board member selected pursuant to this subsection; the municipalities may, by intergovernmental agreement, establish an open interview or other public hearing process to review the candidates; the Board of each such municipality shall vote, within 30 days of receipt of candidate nominations, for one candidate; candidates receiving the highest vote total shall be appointed to the Board; in the event of a tie vote among the candidates receiving the two highest vote totals, within 15 days of receiving notice of the tie vote, the village presidents of each municipality shall cast a vote for a single candidate to break the tie; the failure of a municipality's village president or board to act within any of the time frames set forth in this subsection shall forfeit that municipality's right to participate further in the selection and appointment process for the Authority's board position then under consideration;

(3) one director shall be appointed by the Governor upon the recommendation of the Cook County Township Supervisors whose townships border Will County; the director must reside in one of the Cook County Townships that border Will County;

(4) one director shall be appointed by the Chairman of the Kankakee County Board, with the advice and consent of the Kankakee County Board.

(b) One of the directors appointed by the Will County Executive, with the advice and consent of the Will County Board, shall be designated and serve as the Board Chair.

(c) Each appointment shall be certified by the appointing officer to the Secretary of State of Illinois and the Secretary of the Authority.

(d) The appointing officers shall make their initial appointments within 60 days after the effective date of this Act. The failure of any appointment to be so made shall not affect the establishment of the Authority or the exercise of its powers.

Section 4-10. Terms, vacancies, and removal.

(a) Of the initial 7 directors who may be appointed pursuant to this Act, one appointed by the Will County Executive shall serve for a term expiring July 1, 2009; one appointed by the Chairman of the Kankakee County Board and one appointed by the Will County Executive shall serve for terms expiring July 1, 2010; one appointed by the municipalities pursuant to item (2) of subsection (a) of Section 4-5 of this Act and one appointed by the Will County Executive shall serve terms expiring July 1, 2011; one appointed by the Governor shall serve for a term expiring on July 1, 2012; and the Chair shall serve for a term expiring July 1, 2013. All subsequent terms thereafter shall be 6 years.

(b) Directors shall hold office until their respective successors have been appointed. Directors may be reappointed and may serve consecutive terms.

(c) A vacancy shall occur upon resignation, death, or disqualification under the law of the State of Illinois or upon removal by the appointing official, as provided in subsection (f) of this Section.

(d) A director who no longer meets the residency requirements of Section 4-5(a)(1) or (3) shall be disqualified and a vacancy shall exist until a new director is appointed.

(e) In the event of a vacancy, the appointing officer who appointed the director whose position is vacant shall make an appointment to fill the vacancy to serve the remainder of the unexpired term in the same manner as provided for appointment of directors.

(f) Any director may be removed from office by the official or successor who appointed that director for incompetence, neglect of duty, or malfeasance in office on the part of the director to be removed.

Section 4-15. Meetings; quorum.

(a) As soon as practical after the effective date of this Act, the Board shall organize for the transaction of business. The Board may organize and conduct business when a majority of its members have been appointed. The Board shall prescribe the time and place for meetings, the place of the principal office of the Authority (which shall be in Will County), the manner in which special meetings may be called, the notice that must be given to directors, and the notice that must be given to the public of meetings of the Board. The Board shall prescribe bylaws and an official seal of the Authority. A majority of the total number of directors holding office at any time shall constitute a quorum for the transaction of business.

(b) All substantive action of the Board shall be by resolution. The concurrence of a majority of the total number of directors then holding office shall be necessary for the adoption of any resolution. No action shall be taken unless at least a majority of directors have been appointed and are holding office.

Section 4-20. Compensation. The annual compensation for directors shall be established by resolution of the Board at an amount not to exceed $10,000 per annum. The $10,000 threshold shall be revised each July 1 for inflation or deflation using the percentage change of the value of the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor in the latest known month compared to the same value in the previous year. The directors also shall be compensated for all actual expenses incurred in the performance of official duties.

Section 4-25. Chair and other officers. The Chair shall preside at meetings of the Board and shall be entitled to vote on all matters. The Board shall select a Vice-Chair (who shall preside in the Chair's absence), Secretary, and Treasurer and may provide for other officers of the Authority with such duties as it shall from time to time determine. The Secretary, Treasurer, and other officers of the Authority may, but need not, be directors.

Section 4-30. Executive Director. The officers of the Authority shall include an Executive Director, who shall be the chief executive officer of the Authority, and who shall be appointed by the Board. The Executive Director must have and maintain the designation as an Accredited Airport Executive as defined by the American Association of Airport Executives. The Executive Director, consistent with the policies and direction of the Board, (i) shall be responsible for the management of the properties, business, and employees of the Authority, (ii) shall direct the enforcement of all resolutions, rules, and regulation of the Board, and (iii) shall perform such other duties as may be prescribed from time to time by the Board. The Board shall provide for the appointment of, and may enter into contracts for services by, such attorneys, engineers, consultants, agents, and employees as it may deem necessary or desirable, and may require bonds of any of them. The Board shall adopt rules and procedures governing the Authority's employment, evaluation, promotion, and discharge of employees. Subject to those rules and procedures and consistent with the policies and directions of the Board, the Executive Director shall select and appoint and may discharge employees of the Authority, or may supervise such selection, appointment or discharge. The Executive Director shall not be a member of the Board. All officers (other than officers who are members of the Board) and all employees of the Authority shall report and be subordinate to the Executive Director. The compensation of the Executive Director and all other officers, attorneys, engineers, consultants, agents, and employees shall be established by the Board.

Section 4-35. Conflict of interest.

(a) No director shall be an elected official, officer or employee of federal, State, county, municipal or other local unit of government.

(b) It is unlawful for (i) any person appointed to or employed in any of the offices or agencies of Will, Cook, or Kankakee County, or the municipality of Beecher, Crete, Monee, Peotone, or University Park, who receives compensation for such employment in excess of the salary of the Will County Executive, (ii) a director or any person holding an elective office in Will, Cook, or Kankakee County or in the municipality of Beecher, Crete, Monee, Peotone, or University Park, or holding a seat on the board of Will, Cook, or Kankakee County or the municipality of Beecher, Crete, Monee, Peotone, or University Park, or (iii) a person who is the spouse or minor child of any person referenced in item (i) or (ii) of this subsection to have or acquire any contract, or any direct pecuniary interest in any contract therein, whether for stationery, printing, paper, or any services, materials, or supplies, that will be wholly or partially satisfied by the payment of funds by the Authority.

(c) It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (b) is entitled to receive (i) more than 7 1/2% of the total distributable income or (ii) an amount in excess of two times the salary of the Will County Executive, to have or acquire any such contract or direct pecuniary interest therein.

(d) It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (b) together with his or her spouse or minor children is entitled to receive (i) more than 15%, in the aggregate, of the total distributable income or (ii) an amount in excess of 4 times the salary of the Will County Executive, to have or acquire any such contract or direct pecuniary interest therein.

(e) This Section does not affect the validity of any contract that was in existence before the election or employment as an officer, member, or employee of the person listed in subsection (b). The contract is voidable, however, if it cannot be completed within 365 days after the officer, member, or employee takes office or is employed.

(f) The following are exceptions to the otherwise applicable prohibitions of this Section:

(1) This Section does not apply to a contract for personal services of a wholly ministerial character, including but not limited to services as a laborer, clerk, typist, stenographer, page, bookkeeper, receptionist, or telephone switchboard operator, made by a spouse or minor child of the person listed in subsection (b).

(2) Contracts with licensed professionals, provided they are competitively bid or part of a reimbursement program for specific, customary goods and services associated with the provision of human services, such as financial or medical assistance for elderly or low income individuals.

(g) With respect to any direct or indirect interest, other than an interest prohibited in subsection (b), (c) or (d) of this Section held by a director or officer of the Authority or the spouse or minor child of a director or officer, in a contract or the performance of work upon which the director or officer of the Authority may, apart from subsections (b), (c) and (d), be called upon to act or vote, a director or officer of the Authority shall disclose the interest to the Secretary of the Authority prior to the taking of final action by the Authority concerning the contract or work and shall so disclose the nature and extent of the interest and the acquisition of it. The disclosure shall be publicly acknowledged by the Authority and entered upon the minutes of the Authority. If a director or officer or his or her spouse or minor child holds such an interest, then the director or officer shall refrain from any further involvement in regard to such contract or work, from voting on any matter pertaining to the contract or work, and from communicating with other directors or officers of the Authority concerning the contract or work. Notwithstanding any other provision of law, any contract or work entered into in conformity with this subsection (g) shall not be void or invalid by reason of the interest described in this subsection (g). Any person violating this subsection (g) shall be removed from office.

(h) Any contract made in violation of subsection (b), (c), (d) or (g) of this Section shall be voidable at the election of the Authority.

(i) A person convicted of a violation of subsection (b), (c), (d) or (g) of this Section is guilty of a business offense and shall be fined not less than $1,000 nor more than $5,000.

(j) The Authority shall adopt regulations governing conflicts of interest with regard to its employees.

Section 4-40. Exemptions. By majority vote of its Board, the Authority may exempt named individuals from the prohibitions of Section 4-35 when, in its judgment, the public interest in having the individual in the service of the Authority outweighs the public policy evidenced in that Section. An exemption is effective only when it is filed with the Secretary of the Authority and includes a statement approved by the Board setting forth the name of the individual and all the pertinent facts that would make that Section applicable, setting forth the reason for the exemption, and declaring the individual exempted from that Section. Notice of each exemption shall be published in the minutes of the meeting at which the exemption was approved.

Section 4-45. Meetings and records. The provisions of the Open Meetings Act and Illinois law concerning availability of public records shall apply to all meetings and records of the Authority.

ARTICLE 5. INTERIM PLANNING

Section 5-5. South Suburban Airport. The Illinois Department of Transportation and the South Suburban Airport Authority shall serve as co-sponsors of the South Suburban Airport until the Federal Aviation Administration issues a record of decision and an environmental impact statement concerning the airport layout plan for the South Suburban Airport or until July 1, 2009, whichever is earlier. Upon the creation of the Authority, the Authority shall enter into an agreement with the Department to complete all ongoing projects, including the Airport Master Plan, and assist the Federal Aviation Administration in preparing and approving the Environmental Impact Statement and Record of Decision. Thereafter, the South Suburban Airport Authority shall serve as the sponsor of the South Suburban Airport. To the extent otherwise required by law, the Department shall serve as a co-sponsor of the South Suburban Airport.

ARTICLE 6. POWERS

Section 6-5. General airport powers. The Authority has the power to plan, develop, secure permits, licenses, and approvals for, acquire, develop, construct, equip, own, and operate the South Suburban Airport. The Authority also has the power to own, operate, acquire facilities for, construct, improve, repair, maintain, renovate, and expand the South Suburban Airport, including any facilities located on the site of the South Suburban Airport for use by any individual or entity other than the Authority. The development of the South Suburban Airport shall also include all land, highways, waterways, mass transit facilities, and other infrastructure that, in the determination of the Authority, are necessary or appropriate in connection with the development or operation of the South Suburban Airport. The development of the South Suburban Airport also includes acquisition and development of any land or facilities (i) for relocation of persons, including providing replacement housing or facilities for persons and entities displaced by that development, (ii) for protecting or reclaiming the environment with respect to the South Suburban Airport, (iii) for providing substitute or replacement property or facilities, including without limitation, for areas of recreation, conservation, open space, and wetlands, (iv) for providing navigational aids, or (v) for utilities to serve the airport, whether or not located on the site of the South Suburban Airport.

Section 6-10. Land and public waters. The Authority has the power to acquire all land, interests in land, and all other property and interests in property as may be necessary to carry out its powers and functions under this Act and to dispose of any such lands, interests, and property upon terms it deems appropriate.

Section 6-15. Protection of land for future airport development.

(a) The Authority may elect to protect the land needed for future development of the South Suburban Airport and to prevent costly and conflicting development of the land, including any land lying within the ultimate acquisition boundary of the South Suburban Airport. If the Authority elects to protect such land and prevent conflicting development, it shall follow the procedures specified in this Section. There is no requirement that the Authority take any of the actions specified in this Section unless the Authority elects to protect the land needed for the South Suburban Airport.

(b) The Authority shall make a survey and prepare a map showing the location for the South Suburban Airport. The map shall show existing highways in the area involved, the property lines and persons paying the most recent property taxes on land that will be needed for the future additions, and all other pertinent information. A copy of the map shall be filed in the Office of the Recorder for Will County.

Public notice of the location of the South Suburban Airport shall be given by publishing in a newspaper of general circulation in Will County. The notice shall state where the map has been filed. The notice shall also provide notice of the time, date, and location of a public hearing to be held by the Authority in Will County for the purpose of explaining the land protection procedures available to the Authority under the terms of this Section. The notice shall be served by registered mail within 60 days thereafter on all persons shown as having most recently paid the property taxes on the land.

Any material changes in the location of the airport shall be filed and notice given in the manner provided for an original map.

(c) The public hearing required by this Section shall be held not less than 15 days and not more than 45 days after the notice is mailed to all persons shown as having most recently paid the property taxes on the land. At the hearing, the Authority shall explain the land protection procedures available to the Authority under this Section. In addition, any interested person or his or her representative may be heard at the hearing. The Authority shall evaluate the testimony given at the hearing.

(d) After the map is filed, notice of its filing has been given, and a public hearing has been held, as provided in this Section, no one shall incur development costs or place improvements in, upon, or under the land involved nor rebuild, alter, or add to any existing structure without first giving 60 days' notice by registered mail to the Authority. This provision shall not apply to any normal or emergency repairs to existing structures. The Authority shall have 60 days after receipt of that notice to inform the owner of its intention to acquire all or part of the land involved; after which, the Authority shall have the additional time of 120 days to acquire all or part of the land by purchase or to initiate action to acquire the land through the exercise of the power of eminent domain. When such property is acquired, no damages shall be allowed for any construction, alteration, or addition in violation of this Section unless the Authority has failed to acquire the land by purchase or has abandoned an eminent domain proceeding initiated pursuant to the provisions of this Section.

Any property needed for the South Suburban Airport may be acquired at any time by the Authority. The time of determination of the value of the property to be taken under this Section shall be the date of the actual taking, if the property is acquired by purchase, or the date of the filing of a complaint for condemnation, if the property is acquired through the exercise of eminent domain, rather than the date when the map of the proposed location was filed of record.

Section 6-20. Relocation. The Authority has the power to provide for the relocation of all persons and entities displaced by the development of the South Suburban Airport, including through provision of relocation assistance or the provision of replacement housing or other facilities. The Authority, prior to acquiring any land for the South Suburban Airport that directly results in the displacement of persons or entities, shall adopt a plan for providing for the relocation of the displaced persons and entities not less than the substantial equivalent of that required under federal law for airport projects with federal funding. The Authority shall, with respect to the development, acquisition, and construction of South Suburban Airport, comply with all applicable requirements of federal law and of Illinois law governing agencies of the State of Illinois with respect to relocation of displaced persons and entities from locations in the State of Illinois.

Section 6-25. Contracts. The Authority has the power to enter into all contracts useful for carrying out its purposes and powers, including, without limitation, leases of any of its property or facilities, use agreements with airlines or other airport users relating to the South Suburban Airport, agreements with South Suburban Airport concessionaires, and franchise agreements for use of or access to South Suburban Airport facilities, all with such duration as the Board shall determine.

Section 6-30. Management agreement. The Authority may enter into agreements by which it may provide for various functions relating to management or operation of the South Suburban Airport to be performed on behalf of the Authority by any other person or entity.

Section 6-35. Land and water use controls.

(a) The Authority may adopt, administer, and enforce airport zoning regulations, in the manner provided for political subdivisions under the Airport Zoning Act, with respect to any airport hazard or airport hazard area (as described in that Act) for the South Suburban Airport, regardless of the distance from that airport. The Authority also may request that the Department, or any successor agency, develop hazard zoning regulations in accordance with applicable law. The Authority also may adopt, administer, and enforce zoning regulations governing land and improvements within the Airport Boundaries of the South Suburban Airport for the purpose of ensuring safe and efficient airport operation, all in a manner consistent with the procedures and requirements for municipalities under the Illinois Municipal Code. To ensure that the land usage is compatible with current and future airport development, the Authority's zoning powers apply whether such land is in an unincorporated area or within the boundaries of a municipality or other unit of local government. To the extent the Authority's exercise of its zoning powers authorized by this Act is inconsistent with exercise of any other local unit of government's exercise of zoning powers or laws, the Authority's zoning authority controls. The Authority may also, with the consent of the federal and State resource agencies or any successor agencies as required by law, adopt, administer, and enforce rules and regulations on the use of waterways and floodplains within the Airport Boundaries of the South Suburban Airport as necessary for the development, construction, acquisition, and operation of the South Suburban Airport.

Section 6-40. Eminent Domain.

(a) The Authority may take and acquire possession by eminent domain of any property or interests in property that the Authority is authorized to acquire under this Act with respect to the development of the South Suburban Airport or as needed as provided in Section 6-5 of this Act, whether within or outside the site of that airport.

(b) The power of eminent domain shall be exercised by the Authority only as authorized by resolution of the Authority, and shall extend to all types of interests in property, both real and personal, (including, without limitation, easements for access or open space purposes and rights of concurrent usage of existing or planned facilities) and property held either for public or for private use, including (notwithstanding any other law to the contrary) property held by any governmental entity, including any property, rights, or easements owned by units of local government, school districts, or forest preserve districts. The powers given to the Authority under this Section include the power to acquire, by condemnation or otherwise, any property used for cemetery purposes within the South Suburban Airport boundaries, and to require that the cemetery be removed to a different location. The powers given to the Authority under this Section include the power to condemn or otherwise acquire (other than by condemnation by quick-take), and to convey, substitute property when the Authority reasonably determines that monetary compensation will not be sufficient or practical just compensation for property acquired by the Authority in connection with the development of the South Suburban Airport. The acquisition of substitute property is declared to be for public use. The Authority shall exercise the power of eminent domain granted in this Section with respect to property located within the State of Illinois in the manner provided for the exercise of the right of eminent domain under the Eminent Domain Act.

(c) No South Suburban Airport property may be subject to taking by condemnation or otherwise by any unit of local government, any other airport authority, or by any agency, instrumentality or political subdivision of the State.

Section 6-45. Employment. No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment with the Authority.

The Authority shall be subject to the Illinois Human Rights Act and the remedies and procedures established under that Act.

Section 6-50. Employee pensions. The Authority may establish and maintain systems of pensions and retirement benefits for such officers and employees of the Authority as may be designated or described by resolution of the Authority. Such pension systems shall be financed or funded by such means and in such manner as may be determined by the Board to be economically advantageous.

Section 6-55. Approvals. The Authority has the power to apply to the proper authorities of the United States, the State of Illinois, and other governmental entities, as permitted or authorized by applicable law, to obtain any licenses, approvals, or permits reasonably necessary to achieve the purposes of this Act.

Section 6-60. Foreign trade zones. The Authority has the power to apply to the proper authorities of the United States pursuant to appropriate law for permission to establish, operate, maintain, and lease foreign trade zones and sub-zones within the area of the South Suburban Airport and to establish, operate, maintain, and lease such foreign trade zones and sub-zones.

Section 6-65. Police and other services. The Authority has the power to police its property within the site of the South Suburban Airport. The Authority has the power to exercise police powers in respect to that property and in respect to the enforcement of any rule or regulation of the Authority, including the regulation of vehicular traffic, and of the public health and welfare and the sale of alcoholic beverages, including the power to license activities and provide for fees for licenses, and to provide fire protection and emergency medical services at the South Suburban Airport. The Authority has the power, by resolution, to provide for the regulation of the construction and use of buildings and facilities located within the Airport Boundaries of the South Suburban Airport, including, without limitation, any building, fire, and other safety regulation that it may determine to be needed for the protection of public safety and the efficient operation of the Airport. The Authority has the power to contract for, employ and establish, maintain and equip a security force for police, fire, and emergency medical services on property within the Airport Boundaries of the South Suburban Airport. The Authority also has the power to provide or contract for water, sewer, gas, electricity and other utilities for use in connection with development or operation of the Airport.

Section 6-70. Bonding authority. The Authority has the authority to issue bonds as provided in Article 7 of this Act.

Section 6-75. General powers.

(a) Except as otherwise limited by this Act, the Authority shall also have the powers necessary, convenient, or desirable to meet its responsibilities and to carry out its purposes and express powers, including, but not limited to, the following powers:

(1) To sue and be sued.

(2) To invest any funds or any moneys not required for immediate use or disbursement in such manner as the Authority in its discretion determines.

(3) To make, amend, and repeal by action of the Board bylaws, rules and regulations, and resolutions consistent with this Act.

(4) To hold, sell by installment contract, lease as lessor, transfer, or dispose of such real or personal property as it deems appropriate in the exercise of its powers; to provide for use of such property by any user of the South Suburban Airport; and to permit the mortgage, pledge, or other granting of security interests in any leaseholds granted by the Authority.

(5) To enter at reasonable times upon such lands, waters, or premises as in the judgment of the Authority may be necessary, convenient, or desirable for the purpose of making surveys, soundings, borings, and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters, or premises, the Authority being liable only for actual damage caused by such activity.

(6) To require the removal or relocation of any building, railroad, main, pipe, conduit, wire, pole, structure, facility, and equipment on the site of the South Suburban Airport, as may be needed to carry out the powers of the Authority. The Authority shall compensate any owner that is required to remove or relocate a building, railroad, main, pipe, conduit, wire, pole, structure, facility, or equipment as provided by law, without the necessity to secure any approval from the Illinois Commerce Commission for such removal, or for such relocation on the site of the airport.

(7) To make and execute all contracts and other instruments necessary or convenient to the exercise of its powers.

(8) To enter into collective bargaining agreements and contracts of group insurance for the benefit of its employees and to provide for retirement benefits or pensions and other employee benefit arrangements for its employees.

(9) To provide for the insurance of any property, directors, officers, employees, or operations of the Authority against any risk or hazard, to self-insure or participate in joint self-insurance pools or entities to insure against such risk or hazard, and to provide for the indemnification of its directors, officers, employees, contractors, or agents against any and all claims, losses, and related costs.

(10) To pass all resolutions and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities and, by resolution, to prescribe fines or penalties for violations of such rules and regulations. Those rules and regulations may include, without limitation, the regulation of parking and vehicular traffic. Any resolution providing for any fine or penalty shall be published in pamphlet form or in a newspaper of general circulation in the region. No such resolution shall take effect until 10 days after its publication.

(11) To enter into arbitration arrangements, which may be final and binding.

(b) In each case in which this Act gives the Authority the power to acquire real or personal property, the Authority has the power to acquire such property by contract, purchase, gift, grant, exchange for other property or rights in property, lease (or sublease), or installment or conditional purchase contracts, including a settlement of an eminent domain proceeding, which leases or installment or conditional purchase contracts may provide for consideration to be paid in annual installments during a period not exceeding 40 years. Property may be acquired subject to any conditions, restrictions, liens, or security or other interests of other parties, and the Authority may acquire a joint leasehold, easement, license or other partial interest in such property. Any such acquisition may provide for the assumption of, or agreement to pay, perform, or discharge outstanding or continuing duties, obligations or liabilities of the seller, lessor, donor, or other transferor of, or of the trustee with regard to, such property. In connection with the acquisition of any easement or other property interest that is less than fee simple title, the Authority may indemnify and hold harmless the owners and occupants of such property or interests in property for any and all losses, claims, damages, liabilities, or expenses arising out of use of such property or interests in property.

Section 6-80. Additional powers. The Authority has any additional powers necessary to implement and perform the powers and duties assigned the Authority under this Act. Such additional powers shall not extend to override or abrogate limitations imposed in this Act on the exercise of the Authority's power.

Section 6-85. Regulations. The Authority may adopt regulations governing its exercise of authority in this Act.

ARTICLE 7. FINANCE

Section 7-5. Supervision of finances. The Board shall control the finances of the Authority, including adopting budgets and capital plans, imposing fees and charges, engaging consultants and professional advisors, entering into contracts with airport users of the South Suburban Airport, conveying property, entering into contracts for the acquisition of property or for goods or services (except such contracts as may be entered into on behalf of the Authority pursuant to authorization as delegated by the Board), borrowing money, issuing bonds, and granting security interests in the Authority's revenues. The Board shall establish and may, from time to time, modify the fiscal year of the Authority. The Board shall annually cause the finances of the Authority to be audited by a firm of certified public accountants experienced in auditing public airports.

Section 7-10. Federal funds. The Authority may take all steps consistent with applicable laws to maximize funding for the costs of the South Suburban Airport from grants by the Federal Aviation Administration or any successor agency.

Section 7-15. Budgets. The Board shall annually adopt a current expense budget for each fiscal year. The budget may be modified from time to time in the same manner and upon the same vote as it may be adopted. The budget shall include the Authority's available funds and estimated revenues and shall provide for payment of its obligations and estimated expenditures for the fiscal year, including, without limitation, expenditures for administration, operation, maintenance and repairs, debt service and deposits into reserve and other funds, and capital projects. The total of such obligations and estimated expenditures shall be balanced by the Authority's available funds and estimated revenue for each fiscal year.

Section 7-20. Annual report. For each fiscal year, the Authority shall prepare an annual report setting forth information concerning its activities in the fiscal year and the status of the development of the South Suburban Airport. The annual report shall include the audited financial statements of the Authority for the fiscal year prepared in accordance with generally accepted accounting principles for airports, statistical information relating to traffic and usage of the Airport, the budget for the succeeding fiscal year, and the current capital plan as of the date of the report. Copies of the annual report shall be submitted not later than 120 days after the end of the Authority's fiscal year to each appointing official of directors of the Authority.

Section 7-25. Purchasing.

(a) The Authority shall adopt purchasing regulations. Those regulations shall provide that construction contracts and contracts for supplies, material, equipment, and services or acquisition by the Authority of property (other than real estate), involving in each case a cost of more than $25,000, shall be awarded to the lowest responsive and responsible bidder upon public notice and with public bidding. Each July 1, the $25,000 bid threshold shall be revised for inflation or deflation using the percentage change in the Consumer Price Index for all Urban Consumers as determined by the United States Department of Labor in the latest available month compared with the same value in the previous year, and rounded to the nearest $100.

(b) The Board may adopt regulations to make exceptions to the requirement for public bidding in instances in which it determines bidding is not appropriate, including, without limitation, instances in which the property or service can be obtained only from a single source or for any professional services, or in which various alternative purchasing arrangements are preferable, including, without limitation, prequalification of bidders, negotiation with the lowest responsive and responsible bidder after opening of bids, utilization of other competitive selection procedures in which price is one of the selection criteria, participation in joint purchasing programs with other units of government, or procurement by negotiation or agreement with any airline. Except as set forth below, the Local Government Professional Services Selection Act shall apply to the Authority.

(c) Notwithstanding the foregoing, and as an exception thereto, the Authority may elect to competitively select a contractor or group of contractors to:

(1) allow turnkey design, construction and development of any or all airport facilities on the basis of competitive quality, performance, timing, price and other relevant factors;

(2) operate the airport on the basis of competitive quality, performance, price, and other relevant factors; or

(3) provide a turnkey development of any or all airport facilities and operate the airport or any part thereof on the basis of competitive quality, performance, timing, price, and other relevant factors.

(d) To promote quality work, promote labor harmony and ensure timely completion of its projects, the Authority may utilize project labor agreements to accomplish its airport improvement projects.

(e) All contracts entered into by or on behalf of the Authority for public works shall:

(1) Require the contractor and all subcontractors to pay the general prevailing rate of wages, including hourly wages and fringe benefits, established in accordance with the Illinois Prevailing Wage Act; and

(2) Require the contractor and all subcontractors to participate in apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training, or any successor entity, to the extent that such programs are reasonably available within the contractor's or subcontractor's employees' trade or trades.

The provisions of this subsection shall not apply to federally funded projects if such application would jeopardize the receipt or use of federal funds in support of such a project.

Section 7-30. Revenues.

(a) The Authority may impose and levy a passenger facility charge or any other fee or charge permitted by the Federal Aviation Administration or United States government or any agency thereof at the South Suburban Airport. The Authority may amend any such applications or approved passenger facility charge program and enter into agreements with the Federal Aviation Administration or the United States government with respect to a passenger facility charge or other fee or charge permitted by the Federal Aviation Administration or the United States government. The Board may impose upon air carriers using the South Suburban Airport the obligation to collect any such charge or fee, to the extent permitted by federal laws or regulations.

(b) The Board may set fees and charges for the use of the South Suburban Airport or any facilities of the South Suburban Airport or any property owned or leased by the Authority, including flowage fees on aviation fuel, and may enter into contracts with users providing for the payment of amounts for the use of the South Suburban Airport or facilities of that airport.

(c) To the extent not specified in this Section, the Authority shall by resolution provide for details of and the method of collecting any fee or charge it imposes under this Section.

(d) In addition to revenues generated by the Authority, the Authority may accept and spend such funds as are provided in government grants, by private developers or from other sources.

Section 7-35. Borrowing.

(a) The Authority has the continuing power to borrow money and to issue its negotiable bonds as provided in this Section. Bonds of the Authority may be issued for any purpose of the Authority, including, without limitation, to plan, develop, construct, acquire, improve, repair, or expand the South Suburban Airport, including facilities to be leased to or used by any individual or entity other than the Authority; to provide funds for operations of the South Suburban Airport; to pay, refund (at the time of or in advance of any maturity or redemption), or redeem any bonds or any revenue bonds or notes issued to finance property for the South Suburban Airport; to provide or increase a debt service reserve fund or other reserves with respect to any or all of its bonds; to pay interest on bonds; or to pay the legal, financial, administrative, bond insurance, credit enhancement, and other expenses of the authorization, issuance, sale, or delivery of bonds.

(b) All bonds issued under this Section shall have a claim for payment solely from one or more funds, revenues, or receipts of the Authority or property interests of any user of facilities financed by the Authority as provided in this Act and from credit enhancement or other security for the bonds, including but not limited to guarantees, letters of credit, or other security or insurance, for the benefit of bond holders. Bonds may be issued in one or more series and may have a claim for payment and be secured either separately or on a parity with any other bonds. Bonds shall be secured as provided in the authorizing resolution, which may include, in addition to any other security, a specific pledge or assignment of or grant of a lien on or security interest in any or all funds and revenues of the Authority and a mortgage or security interest in the leasehold of a user of facilities financed by the bonds. Any such pledge, assignment, lien, or security interest on funds and revenues shall be valid and binding from the times the bonds are issued, without any necessity of physical delivery, filing, recording, or further act, and shall be valid and binding as against and prior to the claims of all other parties having claims of any kind against the Authority or any other person irrespective of whether such other parties have notice of the pledge assignment, lien, or security interest. The Authority may provide for the creation of, deposits in, and regulation and disposition of sinking fund or reserve accounts relating to the bonds. The Authority may make provision, as part of the contract with the owners of the bonds, for the creation of one or more separate funds to provide for the payment of principal and interest on the bonds and for the deposit in the funds from any one or more sources of revenues of the Authority from whatever source which may by law be utilized for debt service purposes of amounts to meet the debt service requirements on the bonds, including principal and interest and any sinking fund or reserve fund requirements and all expenses incident to or in connection with the fund and accounts or the payment of bonds.

(c) Subject to the provisions of subsection (f) of this Section, the authorizing resolution shall set forth or provide for the terms of the bonds being authorized, including their maturity (which shall not exceed 40 years from their issuance), the provisions for interest on those bonds, the security for those bonds, their redemption provisions, and all covenants or agreements necessary or desirable with regard to the issuance, sale, and security of those bonds.

(d) The authorizing resolution may provide for appointment of a corporate trustee (which may be any trust company or bank having the powers of a trust company within or without the territory of the State of Illinois) with respect to any bonds being issued. The authorizing resolution shall prescribe the rights, duties, and powers of any trustee to be exercised for the benefit of the Authority and the protection of the owners of the bonds and may provide for terms of a trust indenture for the bonds. The authorizing resolution may provide for the trustee to hold in trust, invest, and use amounts in funds and accounts created as provided by the authorizing resolution.

(e) The bonds authorized by any resolution shall be:

(1) payable as to principal and interest on such dates, shall be in the denominations and forms, including book entry form, and shall have the registration and privileges as to exchange, transfer, or conversion and the replacement of mutilated, lost, or destroyed bonds, as the resolution or trust indenture may provide;

(2) payable in lawful money of the United States at a designated place or places;

(3) subject to the terms of purchase, payment, redemption, remarketing, refunding, or refinancing that the resolution or trust indenture provides, including redemption at a premium;

(4) executed by the manual, electronic or facsimile signatures of the officers of the Authority designated by the Board, which signatures shall be valid at delivery even for one who has ceased to hold office; and

(5) sold, at public or private sale, in the manner and upon the terms determined by the authorizing resolution.

(f) By its authorizing resolution for particular bonds, the Board may provide for specific terms of those bonds, including, without limitation, the purchase price and terms, interest rate or rates, redemption terms, and principal amounts maturing in each year, to be established by one or more directors or officers of the Authority, all within a specific range of discretion established by the authorizing resolution. No such delegation shall be made as to the choice of managing or co-managing underwriters or other professional advisors for the Authority.

(g) The authorizing resolution or trust indenture may contain provisions that are a part of the contract with the owners of the bonds that relate to:

(1) limitations on the purposes to which, or the investments in which, the proceeds of the sale of any issue of bonds or the Authority's revenues may be applied or made;

(2) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to other bonds;

(3) the refunding, advance refunding, or refinancing of outstanding bonds;

(4) the procedure, if any, by which the terms of any contract with owners of bonds may be altered or amended, the amount of bonds the owners of which must consent to an amendment, and the manner in which consent must be given;

(5) the acts or omissions that constitute a default in the duties of the Authority to owners of bonds and the rights or remedies of owners in the event of a default, which may include provisions restricting individual rights of action by bond owners; and

(6) any other matter relating to the bonds which the Board determines appropriate.

(h) Any bonds of the Authority issued under this Section shall constitute a contract between the Authority and the owners from time to time of the bonds. The Authority may also covenant that it shall impose and continue to impose fees, charges, or taxes (as authorized by this Act and in addition as subsequently authorized by amendment to this Act) sufficient to pay the principal and interest and to meet other debt service requirements of the bonds as they become due.

(i) The State of Illinois pledges and agrees with the owners of the bonds that it will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with the owners or in any way impair the rights and remedies of the owners until the bonds, together with interest on them, and all costs and expenses in connection with any action or proceedings by or on behalf of the owners, are fully met and discharged. The Authority is authorized to include this pledge and agreement in any contract with the owners of bonds issued under this Section.

Section 7-40. Legal investments. All governmental entities, all public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds issued under this Act. However, nothing in this Section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities for purchase or investment.

Section 7-45. Interest swaps. With respect to all or part of any issue of its bonds, the Authority may enter into agreements or contracts with any necessary or appropriate person that will have the benefit of providing to the Authority an interest rate basis, cash flow basis, or other basis different from that provided in the bonds for the payment of interest. Such agreements or contracts may include, without limitation, agreements or contracts commonly known as "interest rate swap agreements", "forward payment conversion agreements", "futures", "options", "puts", or "calls" and agreements or contracts providing for payments based on levels of or changes in interest rates, agreements or contracts to exchange cash flows or a series of payments, or to hedge payment, rate spread, or similar exposure.

Section 7-50. Obligations of other governmental entities. No bonds or other obligations of the Authority shall be a debt or obligation of the State of Illinois or other governmental entity, or treated as indebtedness of the State of Illinois or other governmental entity, or require the levy, imposition, or application of any tax by the State of Illinois or other governmental entity. Amounts appropriated or provided to be appropriated at any time to the Authority from the State of Illinois may not be directly or indirectly pledged or assigned or be subject to a lien or security interest or otherwise promised to be used to pay debt service on any bonds.

Section 7-55. Hiring and contracting practices.

(a) The Authority may adopt an affirmative action program as authorized, permitted, or required by law.

(b) The Authority may adopt a program for contracting with minority and female owned businesses as authorized, permitted, or required by law.

ARTICLE 8. ACQUISITION AND TRANSFER OF STATE AIRPORT PROPERTY

AND PAYMENT FOR SUCH PROPERTY

Section 8-5. Completion of property acquisition for the inaugural site. The Department shall continue to acquire the property lying partially or wholly within the inaugural airport boundary. The inaugural boundary is depicted in Figure R-3 in the Federal Aviation Administration's Record of Decision for Tier 1: FAA Site Approval And Land Acquisition By The State Of Illinois, Proposed South Suburban Airport, Will County, Illinois, dated July 2002. The inaugural airport boundary shall be modified to reflect the inaugural airport boundaries in an airport layout plan approved by the Federal Aviation Administration or any other successor agency and as reflected later in any approved airport layout plan. The Department shall acquire such property as quickly as possible, including use of the Department's condemnation powers where it appears reasonably likely that the Department will not be able to acquire such property voluntarily. The Department shall exercise all best efforts to ensure that the property is purchased at fair market value. Upon the creation of the Authority, the Authority shall enter into an agreement with the Department setting forth the terms under which the Department shall complete all ongoing land acquisition.

Section 8-10. Transfer of property to the Authority. All property acquired by the Department for airport purposes either prior to or after the effective date of this Act that is wholly or partially within the inaugural airport site shall be transferred to the South Suburban Airport Authority promptly via an intergovernmental agreement with the Department.

Section 8-15. Payment for transferred property. The Authority shall pay the Department for the value of property lying wholly or partially within the inaugural site that is transferred to the South Suburban Airport Authority. The value of the property shall be the price paid by the Department or fair market value, whichever is less. The payments shall be made out of the proceeds of the first issuance of general airport revenue or other bonds sold to fund construction of the South Suburban Airport. In the event no such bonds are sold within 10 years of the effective date of this Act, title to property lying wholly or partially within the inaugural site that previously was transferred to the South Suburban Airport Authority shall revert to the Department.

Section 8-20. Option to purchase property outside the inaugural site but within the ultimate airport site. Upon the written request of the South Suburban Airport Authority, within 10 years from the effective date of this Act, the Department shall transfer to the South Suburban Airport Authority any parcel of property acquired by the Department of Transportation for airport purposes and lying outside the inaugural airport site but within the airport boundaries, as those locations are described and depicted in Figure R-3 of the Federal Aviation Acquisition's Record of Decision described in Section 8-5. The South Suburban Airport Authority shall pay the Department for the value of property, which value shall be the price paid for the property by the Department. For the period of 10 years from the effective date of this Act, the State of Illinois shall not transfer such property to any other person or entity without first obtaining the written approval of the South Suburban Airport Authority.

ARTICLE 9. INTERGOVERNMENTAL RELATIONS AND LIMITATIONS

Section 9-5. Intergovernmental cooperation. The Authority may enter into agreements with the United States, the State of Illinois, Will County, the Eastern Will County Development District, or any governmental entity, by which powers of the Authority and the other parties may be jointly exercised or pursuant to which the parties otherwise may enjoy the benefits of intergovernmental cooperation.

Section 9-10. Tax exemption. The Authority and all of its operations and property used for public purposes shall be exempt from all taxation of any kind imposed by any governmental entity. This exemption shall not apply to property, including leasehold interests, or operations of any person or entity other than the Authority. Interest on bonds shall not be exempt from tax under the Illinois Income Tax Act.

Section 9-15. Application of laws. The Governmental Account Audit Act, the Foreign Trade Zones Act, and the Public Funds Statement Publication Act shall not apply to the Authority.

Section 9-20. Exclusive powers. The Authority is the only governmental entity that is authorized to develop, construct, own and operate the South Suburban Airport. Notwithstanding any other law, no other unit of local government, including but not limited to municipalities, airport authorities or joint airport commissions, may develop, construct, own or operate an airport on the site identified in this Act as the South Suburban Airport.

ARTICLE 10. PROCEDURES AND LIMITATIONS

Section 10-5. Hearings and citizen participation.

(a) The Authority shall provide for and encourage participation by the public in the development and review of major decisions concerning the development and operation of the South Suburban Airport.

(b) The Authority shall hold such public hearings as may be required by this Act or other law or as it may deem appropriate to the performance of any of its functions.

(c) The Authority shall hold a public hearing prior to the imposition of any zoning regulation.

(d) At least 10 days' notice shall be given of each hearing under this Article in a newspaper of general circulation in the region. The Authority may designate one or more directors or hearing officers to preside over any hearing under this Section.

Section 10-10. Limitation on actions. The Local Governmental and Governmental Employees Tort Immunity Act shall apply to the Authority and all its directors, officers, and employees.

ARTICLE 11. AMENDATORY PROVISIONS

Section 11-5. The Archaeological and Paleontological Resources Protection Act is amended by adding Section 1.75 as follows:

(20 ILCS 3435/1.75 new)

Sec. 1.75. South Suburban Airport. Nothing in this Act limits the authority of the South Suburban Airport Authority to exercise its powers under the South Suburban Airport Authority Act or requires that Authority, or any person acting on its behalf, to obtain a permit under this Act when acquiring property or otherwise exercising its powers under the South Suburban Airport Authority Act.

Section 11-10. The Human Skeletal Remains Protection Act is amended by adding Section 4.75 as follows:

(20 ILCS 3440/4.75 new)

Sec. 4.75. South Suburban Airport. Nothing in this Act limits the authority of the South Suburban Airport Authority to exercise its powers under the South Suburban Airport Authority Act or requires that Authority, or any person acting on its behalf, to obtain a permit under this Act when acquiring property or otherwise exercising its powers under the South Suburban Airport Authority Act.

Section 11-15. The Foreign Trade Zones Act is amended by changing Section 1 as follows:

(50 ILCS 40/1) (from Ch. 24, par. 1361)

Sec. 1. Establishing foreign trade zones.

(A) Each of the following units of local government and public or private corporations shall have the power to apply to proper authorities of the United States of America pursuant to appropriate law for the right to establish, operate, maintain and lease foreign trade zones and sub-zones within its corporate limits or within limits established pursuant to agreement with proper authorities of the United States of America, as the case may be, and to establish, operate, maintain and lease such foreign trade zones and sub-zones:

(a) The City of East St. Louis.

(b) The Bi-State Authority, Lawrenceville - Vincennes Airport.

(c) The Waukegan Port district.

(d) The Illinois Valley Regional Port District.

(e) The Economic Development Council, Inc. located in the area of the United States Customs Port of Entry for Peoria, pursuant to authorization granted by the county boards in the geographic area served by the proposed foreign trade zone.

(f) The Greater Rockford Airport Authority.

(f-5) The South Suburban Airport Authority.

(B) (g) After the effective date of this amendatory Act of 1984, any county, city, village or town within the State or a public or private corporation authorized or licensed to do business in the State or any combination thereof may apply to the Foreign Trade Zones Board, United States Department of Commerce, for the right to establish, operate and maintain a foreign trade zone and sub-zones. For the purposes of this Section, such foreign trade zone or sub-zones may be incorporated outside the corporate boundaries or be made up of areas from adjoining counties or states.

(C) (h) No foreign trade zone may be established within 50 miles of an existing zone situated in a county with 3,000,000 or more inhabitants or within 35 miles of an existing zone situated in a county with less than 3,000,000 inhabitants, such zones having been created pursuant to this Act without the permission of the authorities which established the existing zone.

(Source: P.A. 85-471.)

Section 11-20. The Governmental Account Audit Act is amended by changing Section 1 as follows:

(50 ILCS 310/1) (from Ch. 85, par. 701)

Sec. 1. Definitions. As used in this Act, unless the context otherwise indicates:

"Governmental unit" or "unit" includes all municipal corporations in and political subdivisions of this State that appropriate more than $5,000 for a fiscal year, with the amount to increase or decrease by the amount of the Consumer Price Index (CPI) as reported on January 1 of each year, except the following:

(1) School districts.

(2) Cities, villages, and incorporated towns subject to the Municipal Auditing Law, as contained in the Illinois Municipal Code, and cities that file a report with the Comptroller under Section 3.1-35-115 of the Illinois Municipal Code.

(3) Counties with a population of 1,000,000 or more.

(4) Counties subject to the County Auditing Law.

(5) Any other municipal corporations in or political subdivisions of this State, the accounts of which are required by law to be audited by or under the direction of the Auditor General.

(6) (Blank).

(7) A drainage district, established under the Illinois Drainage Code (70 ILCS 605), that did not receive or expend any moneys during the immediately preceding fiscal year or obtains approval for assessments and expenditures through the circuit court.

(8) Public housing authorities that submit financial reports to the U.S. Department of Housing and Urban Development.

(9) The South Suburban Airport Authority created under the South Suburban Airport Authority Act.

"Governing body" means the board or other body or officers having authority to levy taxes, make appropriations, authorize the expenditure of public funds or approve claims for any governmental unit.

"Comptroller" means the Comptroller of the State of Illinois.

"Consumer Price Index" means the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor.

"Licensed public accountant" means the holder of a valid certificate as a public accountant under the Illinois Public Accounting Act.

"Audit report" means the written report of the licensed public accountant and all appended statements and schedules relating to that report, presenting or recording the findings of an examination or audit of the financial transactions, affairs, or conditions of a governmental unit.

"Report" includes both audit reports and reports filed instead of an audit report by a governmental unit receiving revenue of less than $850,000 during any fiscal year to which the reports relate.

(Source: P.A. 92-191, eff. 8-1-01; 92-582, eff. 7-1-02.)

Section 11-25. The Illinois Municipal Code is amended by changing Section 11-51-1 as follows:

(65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)

Sec. 11-51-1. Cemetery removal. Whenever any cemetery is embraced within the limits of any city, village, or incorporated town, the corporate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, may cause the remains of all persons interred therein to be removed to some other suitable place. However, the corporate authorities shall first obtain the assent of the trustees or other persons having the control or ownership of such cemetery, or a majority thereof. When such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. Nothing in this Section limits the powers of the City of Chicago to acquire property or otherwise exercise its powers under Section 15 of the O'Hare Modernization Act. Nothing in this Section limits the power of the South Suburban Airport Authority to acquire property or otherwise exercise its powers under the South Suburban Airport Authority Act.

(Source: P.A. 93-450, eff. 8-6-03.)

Section 11-30. The Downstate Forest Preserve District Act is amended by changing Section 5e as follows:

(70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)

Sec. 5e. Property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or the grantee of a conservation right as defined in Section 1(a) of the Real Property Conservation Rights Act shall not be subject to eminent domain or condemnation proceedings, except as otherwise provided in Section 15 of the O'Hare Modernization Act and Section 6-40 of the South Suburban Airport Authority Act.

(Source: P.A. 95-111, eff. 8-13-07.)

Section 11-35. The Vital Records Act is amended by changing Section 21 as follows:

(410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)

Sec. 21. (1) The funeral director or person acting as such who first assumes custody of a dead body or fetus shall make a written report to the registrar of the district in which death occurred or in which the body or fetus was found within 24 hours after taking custody of the body or fetus on a form prescribed and furnished by the State Registrar and in accordance with the rules promulgated by the State Registrar. Except as specified in paragraph (2) of this Section, the written report shall serve as a permit to transport, bury or entomb the body or fetus within this State, provided that the funeral director or person acting as such shall certify that the physician in charge of the patient's care for the illness or condition which resulted in death has been contacted and has affirmatively stated that he will sign the medical certificate of death or the fetal death certificate. If a funeral director fails to file written reports under this Section in a timely manner, the local registrar may suspend the funeral director's privilege of filing written reports by mail. In a county with a population greater than 3,000,000, if a funeral director or person acting as such inters or entombs a dead body without having previously certified that the physician in charge of the patient's care for the illness or condition that resulted in death has been contacted and has affirmatively stated that he or she will sign the medical certificate of death, then that funeral director or person acting as such is responsible for payment of the specific costs incurred by the county medical examiner in disinterring and reinterring or reentombing the dead body.

(2) The written report as specified in paragraph (1) of this Section shall not serve as a permit to:

(a) Remove body or fetus from this State;

(b) Cremate the body or fetus; or

(c) Make disposal of any body or fetus in any manner when death is subject to the coroner's or medical examiner's investigation.

(3) In accordance with the provisions of paragraph (2) of this Section the funeral director or person acting as such who first assumes custody of a dead body or fetus shall obtain a permit for disposition of such dead human body prior to final disposition or removal from the State of the body or fetus. Such permit shall be issued by the registrar of the district where death occurred or the body or fetus was found. No such permit shall be issued until a properly completed certificate of death has been filed with the registrar. The registrar shall insure the issuance of a permit for disposition within an expedited period of time to accommodate Sunday or holiday burials of decedents whose time of death and religious tenets or beliefs necessitate Sunday or holiday burials.

(4) A permit which accompanies a dead body or fetus brought into this State shall be authority for final disposition of the body or fetus in this State, except in municipalities where local ordinance requires the issuance of a local permit prior to disposition.

(5) A permit for disposition of a dead human body shall be required prior to disinterment of a dead body or fetus, and when the disinterred body is to be shipped by a common carrier. Such permit shall be issued to a licensed funeral director or person acting as such, upon proper application, by the local registrar of the district in which disinterment is to be made. In the case of disinterment, proper application shall include a statement providing the name and address of any surviving spouse of the deceased, or, if none, any surviving children of the deceased, or if no surviving spouse or children, a parent, brother, or sister of the deceased. The application shall indicate whether the applicant is one of these parties and, if so, whether the applicant is a surviving spouse or a surviving child. Prior to the issuance of a permit for disinterment, the local registrar shall, by certified mail, notify the surviving spouse, unless he or she is the applicant, or if there is no surviving spouse, all surviving children except for the applicant, of the application for the permit. The person or persons notified shall have 30 days from the mailing of the notice to object by obtaining an injunction enjoining the issuance of the permit. After the 30-day period has expired, the local registrar shall issue the permit unless he or she has been enjoined from doing so or there are other statutory grounds for refusal. The notice to the spouse or surviving children shall inform the person or persons being notified of the right to seek an injunction within 30 days. Notwithstanding any other provision of this subsection (5), a court may order issuance of a permit for disinterment without notice or prior to the expiration of the 30-day period where the petition is made by an agency of any governmental unit and good cause is shown for disinterment without notice or for the early order. Nothing in this subsection (5) limits the authority of the City of Chicago to acquire property or otherwise exercise its powers under the O'Hare Modernization Act or requires that City, or any person acting on behalf of that City, to obtain a permit under this subsection (5) when exercising powers under the O'Hare Modernization Act. Nothing in this subsection (5) limits the authority of South Suburban Airport Authority to acquire property or otherwise exercise its powers under the South Suburban Airport Authority Act or requires that Authority, or any person acting on its behalf, to obtain a permit under this subsection (5) when exercising powers under the South Suburban Airport Authority Act.

(Source: P.A. 93-450, eff. 8-6-03.)

Section 11-40. The Eminent Domain Act is amended by changing Section 10-5-10 as follows:

(735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)

Sec. 10-5-10. Parties.

(a) When the right (i) to take private property for public use, without the owner's consent, (ii) to construct or maintain any public road, railroad, plankroad, turnpike road, canal, or other public work or improvement, or (iii) to damage property not actually taken has been or is conferred by general law or special charter upon any corporate or municipal authority, public body, officer or agent, person, commissioner, or corporation and when (i) the compensation to be paid for or in respect of the property sought to be appropriated or damaged for the purposes mentioned cannot be agreed upon by the parties interested, (ii) the owner of the property is incapable of consenting, (iii) the owner's name or residence is unknown, or (iv) the owner is a nonresident of the State, then the party authorized to take or damage the property so required, or to construct, operate, and maintain any public road, railroad, plankroad, turnpike road, canal, or other public work or improvement, may apply to the circuit court of the county where the property or any part of the property is situated, by filing with the clerk a complaint. The complaint shall set forth, by reference, (i) the complainant's authority in the premises, (ii) the purpose for which the property is sought to be taken or damaged, (iii) a description of the property, and (iv) the names of all persons interested in the property as owners or otherwise, as appearing of record, if known, or if not known stating that fact; and shall pray the court to cause the compensation to be paid to the owner to be assessed.

(b) If it appears that any person not in being, upon coming into being, is, or may become or may claim to be, entitled to any interest in the property sought to be appropriated or damaged, the court shall appoint some competent and disinterested person as guardian ad litem to appear for and represent that interest in the proceeding and to defend the proceeding on behalf of the person not in being. Any judgment entered in the proceeding shall be as effectual for all purposes as though the person was in being and was a party to the proceeding.

(c) If the proceeding seeks to affect the property of persons under guardianship, the guardians shall be made parties defendant.

(d) Any interested persons whose names are unknown may be made parties defendant by the same descriptions and in the same manner as provided in other civil cases.

(e) When the property to be taken or damaged is a common element of property subject to a declaration of condominium ownership, pursuant to the Condominium Property Act, or of a common interest community, the complaint shall name the unit owners' association in lieu of naming the individual unit owners and lienholders on individual units. Unit owners, mortgagees, and other lienholders may intervene as parties defendant. For the purposes of this Section, "common interest community" has the same meaning as set forth in subsection (c) of Section 9-102 of the Code of Civil Procedure. "Unit owners' association" or "association" shall refer to both the definition contained in Section 2 of the Condominium Property Act and subsection (c) of Section 9-102 of the Code of Civil Procedure.

(f) When the property is sought to be taken or damaged by the State for the purposes of establishing, operating, or maintaining any State house or State charitable or other institutions or improvements, the complaint shall be signed by the Governor, or the Governor's designee, or as otherwise provided by law.

(g) No property, (except property described in Section 3 of the Sports Stadium Act, property to be acquired in furtherance of actions under Article 11, Divisions 124, 126, 128, 130, 135, 136, and 139, of the Illinois Municipal Code, property to be acquired in furtherance of actions under Section 3.1 of the Intergovernmental Cooperation Act, property to be acquired that is a water system or waterworks pursuant to the home rule powers of a unit of local government, and property described as Site B in Section 2 of the Metropolitan Pier and Exposition Authority Act, and property that may be taken as provided in the South Suburban Airport Authority Act) belonging to a railroad or other public utility subject to the jurisdiction of the Illinois Commerce Commission may be taken or damaged, pursuant to the provisions of this Act, without the prior approval of the Illinois Commerce Commission.

(Source: P.A. 94-1055, eff. 1-1-07; incorporates P.A. 94-1007, eff. 1-1-07; 95-331, eff. 8-21-07.)

Section 11-45. The Religious Freedom Restoration Act is amended by changing Section 30 as follows:

(775 ILCS 35/30)

Sec. 30. O'Hare Modernization and South Suburban Airport. Nothing in this Act limits the authority of the City of Chicago to exercise its powers under the O'Hare Modernization Act, or the South Suburban Airport Authority to exercise its powers under the South Suburban Airport Authority Act, for the purposes of relocation of cemeteries or the graves located therein.

(Source: P.A. 93-450, eff. 8-6-03.)

ARTICLE 12. SEVERABILITY

Section 12-5. Severability. The provisions of this Act are severable under Section 1.31 of the Statute of Statutes. The provisions of this Act shall be reasonably and liberally construed to achieve the purposes for the establishment of the Authority.

ARTICLE 13. STATE MANDATES ACT

Section 13-5. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the South Suburban Airport Authority Act.

ARTICLE 99. EFFECTIVE DATE

Section 99-99. Effective date. This Act takes effect January 1, 2009.