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Full Text of HB5852  100th General Assembly

HB5852 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5852

 

Introduced , by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the O'Hare Transformation Act. Provides the findings and purposes for the creation of the Act. Defines terms. Provides that no airport property may be subject to taking by condemnation or otherwise by any unit of local government other than any agency, instrumentality, or political subdivision of this State. Provides that airport property shall not be subject to the laws of any unit of local government unless provided by ordinance of the City of Chicago. Provides that all City contracts for the O'Hare Transformation Program shall be subject to all applicable ordinances of the City and statutes of the State. Creates an advisory committee of 14 members to monitor, review, and report the utilization of minority-owned business enterprises and women-owned business enterprises during the O'Hare Transformation project. Preempts home rule powers with respect to the regulation and supervision of the City's implementation of the O'Hare Transformation Program. Repeals the O'Hare Modernization Act. Makes corresponding changes in the Archaeological and Paleontological Resources Act, the Human Skeletal Remains Protection Act, the Property Tax Code, the Local Government Facility Lease Act, the Downstate Forest Preserve District Act, the Cemetery Oversight Act, the Vital Records Act, the Illinois Aeronautics Act, the Code of Civil Procedure, the Eminent Domain Act, and the Religious Freedom Restoration Act. Effective immediately.


LRB100 21390 LNS 37825 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5852LRB100 21390 LNS 37825 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the O'Hare
5Transformation 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 transportation
12    for this State. The reliability and efficiency of air
13    transportation for residents and businesses in Illinois
14    and other States depends on efficient air traffic
15    operations at O'Hare.
16        (2) O'Hare cannot efficiently perform its role in the
17    State and national air transportation systems unless it is
18    reconfigured with multiple parallel runways.
19        (3) The O'Hare Transformation Program will enhance the
20    economic welfare of this State and its residents by
21    creating thousands of jobs and business opportunities.
22        (4) O'Hare provides, and will continue to provide,
23    unique air transportation functions that cannot be

 

 

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1    replaced by any other airport in this State.
2        (5) For the reasons stated in paragraphs (1), (2), (3),
3    and (4), it is essential that the O'Hare Transformation
4    Program be completed efficiently and without unnecessary
5    delay.
6        (6) For the reasons stated in paragraphs (1), (2), (3),
7    and (4), it is essential that acquisition of property as
8    required for the O'Hare Transformation Program be
9    completed as expeditiously as practicable.
10        (7) The General Assembly recognizes that the planning,
11    construction, and use of O'Hare and the planning,
12    construction, and use of the O'Hare Transformation Program
13    will be subject to intensive regulatory scrutiny by the
14    United States and that no purpose would be served by
15    duplicative or redundant regulation of the safety and
16    impacts of the airport or the O'Hare Transformation
17    Program.
18        (8) The General Assembly recognizes that the City of
19    Chicago has enacted and successfully implemented
20    ordinances that combat past and ongoing discrimination
21    against minorities and women in the market that competes
22    for contracts with the City. These ordinances have made
23    progress in combating discrimination against minorities
24    and women throughout northeastern Illinois.
25    (b) It is the intent of the General Assembly that all
26agencies of this State and its subdivisions shall facilitate

 

 

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1the efficient and expeditious completion of the O'Hare
2Transformation Program to the extent not specifically
3prohibited by law, and that legal impediments to the completion
4of the project be eliminated.
 
5    Section 10. Definitions. As used in this Act:
6    "Airport property" means: (i) any property or interest in
7property that is, or hereafter becomes, part of O'Hare
8International Airport and (ii) any property or interest in
9property that is not part of O'Hare International Airport, but
10that is acquired by the City for purposes of air navigation or
11air safety in accordance with standards established by the
12Federal Aviation Administration.
13    "City" means the City of Chicago.
14    "O'Hare" means Chicago O'Hare International Airport.
15    "O'Hare Transformation Program" means the plan for
16transformation of O'Hare International Airport by: (i)
17construction and reconfiguration of runways, taxiways, and
18facilities for movement and servicing of aircraft; (ii)
19construction, rehabilitation, and reconfiguration of roadways,
20terminals, passenger transportation facilities, parking
21facilities, and cargo facilities; (iii) hotel expansion and
22development; (iv) expansion of runway 9C/27C; and (v) provision
23for air navigation and air safety outside that area in
24accordance with standards established by the Federal Aviation
25Administration.
 

 

 

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1    Section 15. Condemnation by other governmental units. No
2airport property may be subject to taking by condemnation or
3otherwise by any unit of local government other than any
4agency, instrumentality, or political subdivision of the
5State.
 
6    Section 20. Jurisdiction over airport property. Airport
7property is not subject to the laws of any unit of local
8government except as provided by ordinance of the City. Plans
9of all public agencies that may affect the O'Hare
10Transformation Program shall be consistent with the O'Hare
11Transformation Program, and to the extent that any plan of any
12public agency or unit or division of State or local government
13is inconsistent with the O'Hare Transformation Program, that
14plan is void.
 
15    Section 25. Minority and women-owned businesses and
16workers. All City contracts for the O'Hare Transformation
17Program shall be subject to all applicable ordinances of the
18City and statutes of the State governing contracting with
19minority and women-owned businesses and prohibiting
20discrimination and requiring appropriate affirmative action
21with respect to minority and women participants in the
22workforce, including, but not limited to, Section 2-92-330 of
23the Municipal Code of the City of Chicago (relating to hiring

 

 

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1of Chicago residents), Section 2-92-390 of the Municipal Code
2of the City of Chicago (relating to hiring of women and
3minorities), and Sections 2-92-420 through 2-92-570 of the
4Municipal Code of the City of Chicago (relating to contracting
5with minority-owned and women-owned business enterprises), to
6the extent permitted by law and federal funding restrictions.
7The City shall file semi-annual reports with the General
8Assembly documenting compliance with such ordinances with
9respect to work performed as part of the O'Hare Transformation
10Program and disclosing the extent to which that work is
11performed by minority and women workers and minority-owned and
12women-owned business enterprises.
 
13    Section 30. Advisory Committee. The O'Hare Transformation
14Advisory Committee is established to monitor, review, and
15report the utilization of minority-owned business enterprises
16and women-owned business enterprises, as defined in Section
172-92-420 of the Municipal Code of the City of Chicago, the
18employment of women, and the employment of minorities, as
19defined in Section 2-92-420 of the Municipal Code of the City
20of Chicago, during the O'Hare Transformation project. The City
21shall work with the advisory committee in accumulating
22necessary information for the committee to submit reports, as
23necessary, to the General Assembly and the City. The committee
24shall consist of 14 members: 4 members selected by the Mayor of
25the City; 3 members selected by the President of the Senate; 3

 

 

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1members selected by the Speaker of the House of
2Representatives; 2 members selected by the Minority Leader of
3the Senate; and 2 members selected by the Minority Leader of
4the House of Representatives.
5    The advisory committee shall meet periodically and shall
6report the information gathered to the Mayor of the City and to
7the General Assembly by December 31st of every year.
 
8    Section 35. Home Rule. The regulation and supervision of
9the City's implementation of the O'Hare Transformation Program
10is an exclusive power and function of the State. A home rule
11unit may not regulate or supervise the City's implementation of
12the O'Hare Transformation Program. This Section is a denial and
13limitation of home rule powers and functions under paragraph
14(h) of Section 6 of Article VII of the Illinois Constitution.
 
15    Section 40. The Archaeological and Paleontological
16Resources Protection Act is amended by changing Section 1.5 as
17follows:
 
18    (20 ILCS 3435/1.5)
19    Sec. 1.5. O'Hare Transformation Modernization. Nothing in
20this Act limits the authority of the City of Chicago to
21exercise its powers under the O'Hare Transformation
22Modernization Act or requires that City, or any person acting
23on behalf of that City, to obtain a permit under this Act when

 

 

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1acquiring property or otherwise exercising its powers under the
2O'Hare Transformation Modernization Act.
3(Source: P.A. 93-450, eff. 8-6-03.)
 
4    Section 45. The Human Skeletal Remains Protection Act is
5amended by changing Section 4.5 as follows:
 
6    (20 ILCS 3440/4.5)
7    Sec. 4.5. O'Hare Transformation Modernization. Nothing in
8this Act limits the authority of the City of Chicago to
9exercise its powers under the O'Hare Transformation
10Modernization Act or requires that City, or any person acting
11on behalf of that City, to obtain a permit under this Act when
12acquiring property or otherwise exercising its powers under the
13O'Hare Transformation Modernization Act.
14(Source: P.A. 93-450, eff. 8-6-03.)
 
15    Section 50. The Property Tax Code is amended by changing
16Section 15-185 as follows:
 
17    (35 ILCS 200/15-185)
18    Sec. 15-185. Exemption for leaseback property and
19qualified leased property.
20    (a) Notwithstanding anything in this Code to the contrary,
21all property owned by a municipality with a population of over
22500,000 inhabitants, a unit of local government whose

 

 

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1jurisdiction includes territory located in whole or in part
2within a municipality with a population of over 500,000
3inhabitants, or a municipality with home rule powers that is
4contiguous to a municipality with a population of over 500,000
5inhabitants, shall remain exempt from taxation and any
6leasehold interest in that property shall not be subject to
7taxation under Section 9-195 if the property is directly or
8indirectly leased, sold, or otherwise transferred to another
9entity whose property is not exempt and immediately thereafter
10is the subject of a leaseback or other agreement that directly
11or indirectly gives the municipality or unit of local
12government (i) a right to use, control, and possess the
13property or (ii) a right to require the other entity, or the
14other entity's designee or assignee, to use the property in the
15performance of services for the municipality or unit of local
16government. Property shall no longer be exempt under this
17subsection as of the date when the right of the municipality or
18unit of local government to use, control, and possess the
19property or to require the performance of services is
20terminated and the municipality or unit of local government no
21longer has any option to purchase or otherwise reacquire the
22interest in the property which was transferred by the
23municipality or unit of local government.
24    (b) Notwithstanding anything in this Code to the contrary,
25all property owned by a municipality with a population of over
26500,000 inhabitants, a unit of local government whose

 

 

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1jurisdiction includes territory located in whole or in part
2within a municipality with a population of over 500,000
3inhabitants, or a municipality with home rule powers that is
4contiguous to a municipality with a population of over 500,000
5inhabitants, shall remain exempt from taxation and any
6leasehold interest in that property is not subject to taxation
7under Section 9-195 if the property, including dedicated public
8property, is used by a municipality or other unit of local
9government for the purpose of an airport or parking or for
10waste disposal or processing and is leased for continued use
11for the same purpose to another entity whose property is not
12exempt.
13    For the purposes of this subsection (b), "airport" does not
14include any airport property, as defined under Section 10 of
15the O'Hare Transformation Modernization Act.
16    Any transaction described under this subsection must be
17undertaken in accordance with all appropriate federal laws and
18regulations.
19    (c) For purposes of this Section, "municipality" means a
20municipality as defined in Section 1-1-2 of the Illinois
21Municipal Code, and "unit of local government" means a unit of
22local government as defined in Article VII, Section 1 of the
23Constitution of the State of Illinois. The provisions of this
24Section supersede and control over any conflicting provisions
25of this Code.
26(Source: P.A. 96-779, eff. 8-28-09.)
 

 

 

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1    Section 55. The Local Government Facility Lease Act is
2amended by changing Section 5 as follows:
 
3    (50 ILCS 615/5)
4    Sec. 5. Definitions. As used in this Act:
5    "Facility property" means property owned by a municipality
6with a population of over 500,000 inhabitants, or a unit of
7local government whose jurisdiction includes territory located
8in whole or in part within a municipality with a population of
9over 500,000 inhabitants, that is used by the municipality or
10other unit of local government for the purpose of an airport,
11parking, or waste disposal or processing. "Airport", however,
12does not include any airport property, as defined under Section
1310 of the O'Hare Transformation Modernization Act.
14    "Leased facility property" means facility property that is
15leased to a private entity for continued use for the same
16airport, parking, or waste disposal or processing purpose.
17(Source: P.A. 94-750, eff. 5-9-06.)
 
18    Section 60. The Illinois Municipal Code is amended by
19changing Sections 11-51-1, 11-102-2, and 11-102-4 as follows:
 
20    (65 ILCS 5/11-51-1)  (from Ch. 24, par. 11-51-1)
21    Sec. 11-51-1. Cemetery removal. Whenever any cemetery is
22embraced within the limits of any city, village, or

 

 

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1incorporated town, the corporate authorities thereof, if, in
2their opinion, any good cause exists why such cemetery should
3be removed, may cause the remains of all persons interred
4therein to be removed to some other suitable place. However,
5the corporate authorities shall first obtain the assent of the
6trustees or other persons having the control or ownership of
7such cemetery, or a majority thereof. When such cemetery is
8owned by one or more private parties, or private corporation or
9chartered society, the corporate authorities of such city may
10require the removal of such cemetery to be done at the expense
11of such private parties, or private corporation or chartered
12society, if such removal be based upon their application.
13Nothing in this Section limits the powers of the City of
14Chicago to acquire property or otherwise exercise its powers
15under Section 15 of the O'Hare Modernization Act.
16(Source: P.A. 93-450, eff. 8-6-03.)
 
17    (65 ILCS 5/11-102-2)  (from Ch. 24, par. 11-102-2)
18    Sec. 11-102-2. Every municipality specified in Section
1911-102-1 may purchase, construct, reconstruct, expand and
20improve landing fields, landing strips, landing floats,
21hangars, terminal buildings and other structures relating
22thereto and may provide terminal facilities for public
23airports; may construct, reconstruct and improve causeways,
24roadways, and bridges for approaches to or connections with the
25landing fields, landing strips and landing floats; and may

 

 

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1construct and maintain breakwaters for the protection of such
2airports with a water front. Before any work of construction is
3commenced in, over or upon any public waters of the state, the
4plans and specifications therefor shall be submitted to and
5approved by the Department of Transportation of the state.
6Submission to and approval by the Department of Transportation
7is not required for any work or construction undertaken as part
8of the O'Hare Transformation Modernization Program as defined
9in Section 10 of the O'Hare Transformation Modernization Act.
10(Source: P.A. 100-201, eff. 8-18-17.)
 
11    (65 ILCS 5/11-102-4)  (from Ch. 24, par. 11-102-4)
12    Sec. 11-102-4. Every municipality specified in Section
1311-102-1 may contract for the removal or relocation of all
14buildings, railways, mains, pipes, conduits, wires, poles, and
15all other structures, facilities and equipment which may
16interfere with the location, expansion or improvement of any
17public airport, or with the safe approach thereto or take-off
18therefrom by aircraft, and may acquire by gift, grant, lease,
19purchase, condemnation or otherwise any private property,
20public property or property devoted to any public use or rights
21or easements therein for any purpose authorized by this Section
22and Sections 11-102-1 through 11-102-3. Nothing in this Section
23limits the powers of the City of Chicago to acquire property or
24otherwise exercise its powers under Section 15 of the O'Hare
25Modernization Act.

 

 

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1(Source: P.A. 93-450, eff. 8-6-03.)
 
2    Section 65. The Downstate Forest Preserve District Act is
3amended by changing Section 5e as follows:
 
4    (70 ILCS 805/5e)  (from Ch. 96 1/2, par. 6308e)
5    Sec. 5e. Property owned by a forest preserve district and
6property in which a forest preserve district is the grantee of
7a conservation easement or the grantee of a conservation right
8as defined in Section 1(a) of the Real Property Conservation
9Rights Act shall not be subject to eminent domain or
10condemnation proceedings, except as otherwise provided in
11Section 15 of the O'Hare Modernization Act and Section 2-100 of
12the Public-Private Agreements for the South Suburban Airport
13Act.
14(Source: P.A. 98-109, eff. 7-25-13.)
 
15    Section 70. The Cemetery Oversight Act is amended by
16changing Section 5-20 as follows:
 
17    (225 ILCS 411/5-20)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 5-20. Exemptions.
20    (a) Full exemption. Except as provided in this subsection,
21this Act does not apply to (1) any cemetery authority operating
22as a family burying ground or religious burying ground, (2) any

 

 

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1cemetery authority that has not engaged in an interment,
2inurnment, or entombment of human remains within the last 10
3years, or (3) any cemetery authority that is less than 3 acres.
4For purposes of determining the applicability of this
5subsection, the number of interments, inurnments, and
6entombments shall be aggregated for each calendar year. A
7cemetery authority claiming a full exemption shall apply for
8exempt status as provided for in Section 10-20 of this Act. A
9cemetery authority claiming a full exemption shall be subject
10to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
11authority that performs activities that would disqualify it
12from a full exemption is required to apply for licensure within
13one year following the date on which its activities would
14disqualify it for a full exemption. A cemetery authority that
15previously qualified for and maintained a full exemption that
16fails to timely apply for licensure shall be deemed to have
17engaged in unlicensed practice and shall be subject to
18discipline in accordance with Article 25 of this Act.
19    (b) Partial exemption. If a cemetery authority does not
20qualify for a full exemption and (1) engages in 25 or fewer
21interments, inurnments, or entombments of human remains for
22each of the preceding 2 calendar years, (2) operates as a
23public cemetery, or (3) operates as a religious cemetery, then
24the cemetery authority is partially exempt from this Act but
25shall be required to comply with Sections 10-23, 10-40, 10-55,
2610-60, subsections (a), (b), (b-5), (c), (d), and (h) of

 

 

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1Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35,
220-40, 25-3, and 25-120, and Article 35 of this Act. Cemetery
3authorities claiming a partial exemption shall apply for the
4partial exemption as provided in Section 10-20 of this Act. A
5cemetery authority that changes to a status that would
6disqualify it from a partial exemption is required to apply for
7licensure within one year following the date on which it
8changes its status. A cemetery authority that maintains a
9partial exemption that fails to timely apply for licensure
10shall be deemed to have engaged in unlicensed practice and
11shall be subject to discipline in accordance with Article 25 of
12this Act.
13    (c) Nothing in this Act applies to the City of Chicago in
14its exercise of its powers under the O'Hare Transformation
15Modernization Act or limits the authority of the City of
16Chicago to acquire property or otherwise exercise its powers
17under the O'Hare Transformation Modernization Act, or requires
18the City of Chicago, or any person acting on behalf of the City
19of Chicago, to comply with the licensing, regulation,
20investigation, or mediation requirements of this Act in
21exercising its powers under the O'Hare Transformation
22Modernization Act.
23(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
24    Section 75. The Vital Records Act is amended by changing
25Section 21 as follows:
 

 

 

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1    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
2    Sec. 21. (1) The funeral director or person acting as such
3who first assumes custody of a dead body or fetus shall make a
4written report to the registrar of the district in which death
5occurred or in which the body or fetus was found within 24
6hours after taking custody of the body or fetus on a form
7prescribed and furnished by the State Registrar and in
8accordance with the rules promulgated by the State Registrar.
9Except as specified in paragraph (2) of this Section, the
10written report shall serve as a permit to transport, bury or
11entomb the body or fetus within this State, provided that the
12funeral director or person acting as such shall certify that
13the physician in charge of the patient's care for the illness
14or condition which resulted in death has been contacted and has
15affirmatively stated that he will sign the medical certificate
16of death or the fetal death certificate. If a funeral director
17fails to file written reports under this Section in a timely
18manner, the local registrar may suspend the funeral director's
19privilege of filing written reports by mail. In a county with a
20population greater than 3,000,000, if a funeral director or
21person acting as such inters or entombs a dead body without
22having previously certified that the physician in charge of the
23patient's care for the illness or condition that resulted in
24death has been contacted and has affirmatively stated that he
25or she will sign the medical certificate of death, then that

 

 

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1funeral director or person acting as such is responsible for
2payment of the specific costs incurred by the county medical
3examiner in disinterring and reinterring or reentombing the
4dead body.
5    (2) The written report as specified in paragraph (1) of
6this Section shall not serve as a permit to:
7        (a) Remove body or fetus from this State;
8        (b) Cremate the body or fetus; or
9        (c) Make disposal of any body or fetus in any manner
10    when death is subject to the coroner's or medical
11    examiner's investigation.
12    (3) In accordance with the provisions of paragraph (2) of
13this Section the funeral director or person acting as such who
14first assumes custody of a dead body or fetus shall obtain a
15permit for disposition of such dead human body prior to final
16disposition or removal from the State of the body or fetus.
17Such permit shall be issued by the registrar of the district
18where death occurred or the body or fetus was found. No such
19permit shall be issued until a properly completed certificate
20of death has been filed with the registrar. The registrar shall
21insure the issuance of a permit for disposition within an
22expedited period of time to accommodate Sunday or holiday
23burials of decedents whose time of death and religious tenets
24or beliefs necessitate Sunday or holiday burials.
25    (4) A permit which accompanies a dead body or fetus brought
26into this State shall be authority for final disposition of the

 

 

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1body or fetus in this State, except in municipalities where
2local ordinance requires the issuance of a local permit prior
3to disposition.
4    (5) A permit for disposition of a dead human body shall be
5required prior to disinterment of a dead body or fetus, and
6when the disinterred body is to be shipped by a common carrier.
7Such permit shall be issued to a licensed funeral director or
8person acting as such, upon proper application, by the local
9registrar of the district in which disinterment is to be made.
10In the case of disinterment, proper application shall include a
11statement providing the name and address of any surviving
12spouse of the deceased, or, if none, any surviving children of
13the deceased, or if no surviving spouse or children, a parent,
14brother, or sister of the deceased. The application shall
15indicate whether the applicant is one of these parties and, if
16so, whether the applicant is a surviving spouse or a surviving
17child. Prior to the issuance of a permit for disinterment, the
18local registrar shall, by certified mail, notify the surviving
19spouse, unless he or she is the applicant, or if there is no
20surviving spouse, all surviving children except for the
21applicant, of the application for the permit. The person or
22persons notified shall have 30 days from the mailing of the
23notice to object by obtaining an injunction enjoining the
24issuance of the permit. After the 30-day period has expired,
25the local registrar shall issue the permit unless he or she has
26been enjoined from doing so or there are other statutory

 

 

HB5852- 19 -LRB100 21390 LNS 37825 b

1grounds for refusal. The notice to the spouse or surviving
2children shall inform the person or persons being notified of
3the right to seek an injunction within 30 days. Notwithstanding
4any other provision of this subsection (5), a court may order
5issuance of a permit for disinterment without notice or prior
6to the expiration of the 30-day period where the petition is
7made by an agency of any governmental unit and good cause is
8shown for disinterment without notice or for the early order.
9Nothing in this subsection (5) limits the authority of the City
10of Chicago to acquire property or otherwise exercise its powers
11under the O'Hare Transformation Modernization Act or requires
12that City, or any person acting on behalf of that City, to
13obtain a permit under this subsection (5) when exercising
14powers under the O'Hare Transformation Modernization Act. The
15Illinois Department of Transportation, and any person acting on
16its behalf under a public-private agreement entered into in
17accordance with the Public-Private Agreements for the South
18Suburban Airport Act, is exempt from this subsection (5),
19provided that the Illinois Department of Transportation, or any
20such person, takes reasonable steps to comply with the
21provisions of this subsection (5) so long as compliance does
22not interfere with the design, development, operation, or
23maintenance of the South Suburban Airport or the exercise of
24their powers under the Public-Private Agreements for the South
25Suburban Airport Act.
26(Source: P.A. 98-109, eff. 7-25-13.)
 

 

 

HB5852- 20 -LRB100 21390 LNS 37825 b

1    Section 80. The Illinois Aeronautics Act is amended by
2changing Sections 38.01, 47, and 47.1 as follows:
 
3    (620 ILCS 5/38.01)  (from Ch. 15 1/2, par. 22.38a)
4    Sec. 38.01. Project applications.
5    (a) No municipality or political subdivision in this state,
6whether acting alone or jointly with another municipality or
7political subdivision or with the state, shall submit any
8project application under the provisions of the Airport and
9Airway Improvement Act of 1982, or any amendment thereof,
10unless the project and the project application have been first
11approved by the Department. No such municipality or political
12subdivision shall directly accept, receive, or disburse any
13funds granted by the United States under the Airport and Airway
14Improvement Act of 1982, but it shall designate the Department
15as its agent to accept, receive, and disburse such funds,
16provided, however, nothing in this Section shall be construed
17to prohibit any municipality or any political subdivision of
18more than 500,000 inhabitants from disbursing such funds
19through its corporate authorities. It shall enter into an
20agreement with the Department prescribing the terms and
21conditions of such agency in accordance with federal laws,
22rules and regulations and applicable laws of this state. This
23subsection (a) does not apply to any project application
24submitted in connection with the O'Hare Transformation

 

 

HB5852- 21 -LRB100 21390 LNS 37825 b

1Modernization Program as defined in Section 10 of the O'Hare
2Transformation Modernization Act.
3    (b) The City of Chicago may submit a project application
4under the provisions of the Airport and Airway Improvement Act
5of 1982, as now or hereafter amended, or any other federal law
6providing for airport planning or development, if the
7application is submitted in connection with the O'Hare
8Transformation Modernization Program as defined in Section 10
9of the O'Hare Transformation Modernization Act, and the City
10may directly accept, receive, and disburse any such funds.
11(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)
 
12    (620 ILCS 5/47)  (from Ch. 15 1/2, par. 22.47)
13    Sec. 47. Operation without certificate of approval
14unlawful; applications.) An application for a certificate of
15approval of an airport or restricted landing area, or the
16alteration or extension thereof, shall set forth, among other
17things, the location of all railways, mains, pipes, conduits,
18wires, cables, poles and other facilities and structures of
19public service corporations or municipal or quasi-municipal
20corporations, located within the area proposed to be acquired
21or restricted, and the names of persons owning the same, to the
22extent that such information can be reasonably ascertained by
23the applicant.
24    It shall be unlawful for any municipality or other
25political subdivision, or officer or employee thereof, or for

 

 

HB5852- 22 -LRB100 21390 LNS 37825 b

1any person, to make any alteration or extension of an existing
2airport or restricted landing area, or to use or operate any
3airport or restricted landing area, for which a certificate of
4approval has not been issued by the Department; provided, that
5no certificate of approval shall be required for an airport or
6restricted landing area which was in existence and approved by
7the Illinois Aeronautics Commission, whether or not being
8operated, on or before July 1, 1945, or for the O'Hare
9Transformation Modernization Program as defined in Section 10
10of the O'Hare Transformation Modernization Act; except that a
11certificate of approval shall be required under this Section
12for construction of a new runway at O'Hare International
13Airport with a geographical orientation that varies from a
14geographical east-west orientation by more than 10 degrees, or
15for construction of a new runway at that airport that would
16result in more than 10 runways being available for aircraft
17operations at that airport. The Department shall supervise,
18monitor, and enforce compliance with the O'Hare Transformation
19Modernization Act by all other departments, agencies, and units
20of State and local government.
21    Provisions of this Section do not apply to special purpose
22aircraft designated as such by the Department when operating to
23or from uncertificated areas other than their principal base of
24operations, provided mutually acceptable arrangements are made
25with the property owner, and provided the owner or operator of
26the aircraft assumes liabilities which may arise out of such

 

 

HB5852- 23 -LRB100 21390 LNS 37825 b

1operations.
2(Source: P.A. 99-202, eff. 1-1-16; revised 10-12-17.)
 
3    (620 ILCS 5/47.1)
4    Sec. 47.1. Review by Department of O'Hare Transformation
5Modernization Program. The Department shall monitor the
6design, planning, financing, and construction of the O'Hare
7Transformation Modernization Program as defined in Section 10
8of the O'Hare Transformation Modernization Act in order to
9ensure that the O'Hare Transformation Modernization Program
10proceeds in a timely, efficient, and safe manner, and shall
11monitor the effects of the O'Hare Transformation Modernization
12Program on units of local government throughout the State. The
13Department shall file reports with the General Assembly as the
14Department deems appropriate concerning the design, planning,
15financing, and construction of the O'Hare Transformation
16Modernization Program as defined in Section 10 of the O'Hare
17Transformation Modernization Act, and the effects of the O'Hare
18Transformation Modernization Program on units of local
19government.
20(Source: P.A. 93-450, eff. 8-6-03.)
 
21    Section 85. The Code of Civil Procedure is amended by
22changing Section 2-103 as follows:
 
23    (735 ILCS 5/2-103)  (from Ch. 110, par. 2-103)

 

 

HB5852- 24 -LRB100 21390 LNS 37825 b

1    Sec. 2-103. Public corporations - Local actions - Libel -
2Insurance companies.
3    (a) Actions must be brought against a public, municipal,
4governmental or quasi-municipal corporation in the county in
5which its principal office is located or in the county in which
6the transaction or some part thereof occurred out of which the
7cause of action arose. Except as otherwise provided in Section
87-102 of this Code, if the cause of action is related to an
9airport owned by a unit of local government or the property or
10aircraft operations thereof, however, including an action
11challenging the constitutionality of Public Act 93-450 or this
12Amendatory Act of the 100th General Assembly this amendatory
13Act of the 93rd General Assembly, the action must be brought in
14the county in which the unit of local government's principal
15office is located. Actions to recover damage to real estate
16which may be overflowed or otherwise damaged by reason of any
17act of the corporation may be brought in the county where the
18real estate or some part of it is situated, or in the county
19where the corporation is located, at the option of the party
20claiming to be injured. Except as otherwise provided in Section
217-102 of this Code, any cause of action that is related to an
22airport owned by a unit of local government, and that is
23pending on or after the effective date of Public Act 93-450
24this amendatory Act of the 93rd General Assembly in a county
25other than the county in which the unit of local government's
26principal office is located, shall be transferred, upon motion

 

 

HB5852- 25 -LRB100 21390 LNS 37825 b

1of any party under Section 2-106 of this Code, to the county in
2which the unit of local government's principal office is
3located.
4    (b) Any action to quiet title to real estate, or to
5partition or recover possession thereof or to foreclose a
6mortgage or other lien thereon, must be brought in the county
7in which the real estate or some part of it is situated.
8    (c) Any action which is made local by any statute must be
9brought in the county designated in the statute.
10    (d) Every action against any owner, publisher, editor,
11author or printer of a newspaper or magazine of general
12circulation for libel contained in that newspaper or magazine
13may be commenced only in the county in which the defendant
14resides or has his, her or its principal office or in which the
15article was composed or printed, except when the defendant
16resides or the article was printed without this State, in
17either of which cases the action may be commenced in any county
18in which the libel was circulated or published.
19    (e) Actions against any insurance company incorporated
20under the law of this State or doing business in this State may
21also be brought in any county in which the plaintiff or one of
22the plaintiffs may reside.
23    (f) The changes made to this Section by this amendatory Act
24of the 100th General Assembly apply to cases pending on or
25after the effective date of this amendatory Act of the 100th
26General Assembly.

 

 

HB5852- 26 -LRB100 21390 LNS 37825 b

1(Source: P.A. 93-450, eff. 8-6-03.)
 
2    Section 90. The Eminent Domain Act is amended by changing
3Sections 1-1-5, 5-5-5, 10-5-60, 10-5-62, 10-5-105, 10-5-110,
415-1-5, 15-5-35, and 25-7-103.149 as follows:
 
5    (735 ILCS 30/1-1-5)
6    Sec. 1-1-5. Definitions. As used in this Act, except with
7respect to the acquisition or damaging of property authorized
8under the O'Hare Transformation Modernization Act:
9    "Acquisition of property", unless the context otherwise
10requires, includes the acquisition, damaging, or use of
11property or any right to or interest in property.
12    "Blighted area", "blight", and "blighted" have the same
13meanings as under the applicable statute authorizing the
14condemning authority to exercise the power of eminent domain
15or, if those terms have no defined meaning under the applicable
16statute, then the same meanings as under Section 11-74.4-3 of
17the Illinois Municipal Code.
18    "Condemning authority" means the State or any unit of local
19government, school district, or other entity authorized to
20exercise the power of eminent domain.
21(Source: P.A. 94-1055, eff. 1-1-07.)
 
22    (735 ILCS 30/5-5-5)
23    Sec. 5-5-5. Exercise of the power of eminent domain; public

 

 

HB5852- 27 -LRB100 21390 LNS 37825 b

1use; blight.
2    (a) In addition to all other limitations and requirements,
3a condemning authority may not take or damage property by the
4exercise of the power of eminent domain unless it is for a
5public use, as set forth in this Section.
6    (a-5) (Blank). Subsections (b), (c), (d), (e), and (f) of
7this Section do not apply to the acquisition of property under
8the O'Hare Modernization Act. A condemning authority may
9exercise the power of eminent domain for the acquisition or
10damaging of property under the O'Hare Modernization Act as
11provided for by law in effect prior to the effective date of
12this Act.
13    (a-10) Subsections (b), (c), (d), (e), and (f) of this
14Section do not apply to the acquisition or damaging of property
15in furtherance of the goals and objectives of an existing tax
16increment allocation redevelopment plan. A condemning
17authority may exercise the power of eminent domain for the
18acquisition of property in furtherance of an existing tax
19increment allocation redevelopment plan as provided for by law
20in effect prior to the effective date of this Act.
21    As used in this subsection, "existing tax increment
22allocation redevelopment plan" means a redevelopment plan that
23was adopted under the Tax Increment Allocation Redevelopment
24Act (Article 11, Division 74.4 of the Illinois Municipal Code)
25prior to April 15, 2006 and for which property assembly costs
26were, before that date, included as a budget line item in the

 

 

HB5852- 28 -LRB100 21390 LNS 37825 b

1plan or described in the narrative portion of the plan as part
2of the redevelopment project, but does not include (i) any
3additional area added to the redevelopment project area on or
4after April 15, 2006, (ii) any subsequent extension of the
5completion date of a redevelopment plan beyond the estimated
6completion date established in that plan prior to April 15,
72006, (iii) any acquisition of property in a conservation area
8for which the condemnation complaint is filed more than 12
9years after the effective date of this Act, or (iv) any
10acquisition of property in an industrial park conservation
11area.
12    As used in this subsection, "conservation area" and
13"industrial park conservation area" have the same meanings as
14under Section 11-74.4-3 of the Illinois Municipal Code.
15    (b) If the exercise of eminent domain authority is to
16acquire property for public ownership and control, then the
17condemning authority must prove that (i) the acquisition of the
18property is necessary for a public purpose and (ii) the
19acquired property will be owned and controlled by the
20condemning authority or another governmental entity.
21    (c) Except when the acquisition is governed by subsection
22(b) or is primarily for one of the purposes specified in
23subsection (d), (e), or (f) and the condemning authority elects
24to proceed under one of those subsections, if the exercise of
25eminent domain authority is to acquire property for private
26ownership or control, or both, then the condemning authority

 

 

HB5852- 29 -LRB100 21390 LNS 37825 b

1must prove by clear and convincing evidence that the
2acquisition of the property for private ownership or control is
3(i) primarily for the benefit, use, or enjoyment of the public
4and (ii) necessary for a public purpose.
5    An acquisition of property primarily for the purpose of the
6elimination of blight is rebuttably presumed to be for a public
7purpose and primarily for the benefit, use, or enjoyment of the
8public under this subsection.
9    Any challenge to the existence of blighting factors alleged
10in a complaint to condemn under this subsection shall be raised
11within 6 months of the filing date of the complaint to condemn,
12and if not raised within that time the right to challenge the
13existence of those blighting factors shall be deemed waived.
14    Evidence that the Illinois Commerce Commission has granted
15a certificate or otherwise made a finding of public convenience
16and necessity for an acquisition of property (or any right or
17interest in property) for private ownership or control
18(including, without limitation, an acquisition for which the
19use of eminent domain is authorized under the Public Utilities
20Act, the Telephone Company Act, or the Electric Supplier Act)
21to be used for utility purposes creates a rebuttable
22presumption that such acquisition of that property (or right or
23interest in property) is (i) primarily for the benefit, use, or
24enjoyment of the public and (ii) necessary for a public
25purpose.
26    In the case of an acquisition of property (or any right or

 

 

HB5852- 30 -LRB100 21390 LNS 37825 b

1interest in property) for private ownership or control to be
2used for utility, pipeline, or railroad purposes for which no
3certificate or finding of public convenience and necessity by
4the Illinois Commerce Commission is required, evidence that the
5acquisition is one for which the use of eminent domain is
6authorized under one of the following laws creates a rebuttable
7presumption that the acquisition of that property (or right or
8interest in property) is (i) primarily for the benefit, use, or
9enjoyment of the public and (ii) necessary for a public
10purpose:
11        (1) the Public Utilities Act,
12        (2) the Telephone Company Act,
13        (3) the Electric Supplier Act,
14        (4) the Railroad Terminal Authority Act,
15        (5) the Grand Avenue Railroad Relocation Authority
16    Act,
17        (6) the West Cook Railroad Relocation and Development
18    Authority Act,
19        (7) Section 4-505 of the Illinois Highway Code,
20        (8) Section 17 or 18 of the Railroad Incorporation Act,
21        (9) Section 18c-7501 of the Illinois Vehicle Code.
22    (d) If the exercise of eminent domain authority is to
23acquire property for private ownership or control and if the
24primary basis for the acquisition is the elimination of blight
25and the condemning authority elects to proceed under this
26subsection, then the condemning authority must: (i) prove by a

 

 

HB5852- 31 -LRB100 21390 LNS 37825 b

1preponderance of the evidence that acquisition of the property
2for private ownership or control is necessary for a public
3purpose; (ii) prove by a preponderance of the evidence that the
4property to be acquired is located in an area that is currently
5designated as a blighted area or conservation area under an
6applicable statute; (iii) if the existence of blight or
7blighting factors is challenged in an appropriate motion filed
8within 6 months after the date of filing of the complaint to
9condemn, prove by a preponderance of the evidence that the
10required blighting factors existed in the area so designated
11(but not necessarily in the particular property to be acquired)
12at the time of the designation under item (ii) or at any time
13thereafter; and (iv) prove by a preponderance of the evidence
14at least one of the following:
15        (A) that it has entered into an express written
16    agreement in which a private person or entity agrees to
17    undertake a development project within the blighted area
18    that specifically details the reasons for which the
19    property or rights in that property are necessary for the
20    development project;
21        (B) that the exercise of eminent domain power and the
22    proposed use of the property by the condemning authority
23    are consistent with a regional plan that has been adopted
24    within the past 5 years in accordance with Section 5-14001
25    of the Counties Code or Section 11-12-6 of the Illinois
26    Municipal Code or with a local land resource management

 

 

HB5852- 32 -LRB100 21390 LNS 37825 b

1    plan adopted under Section 4 of the Local Land Resource
2    Management Planning Act; or
3        (C) that (1) the acquired property will be used in the
4    development of a project that is consistent with the land
5    uses set forth in a comprehensive redevelopment plan
6    prepared in accordance with the applicable statute
7    authorizing the condemning authority to exercise the power
8    of eminent domain and is consistent with the goals and
9    purposes of that comprehensive redevelopment plan, and (2)
10    an enforceable written agreement, deed restriction, or
11    similar encumbrance has been or will be executed and
12    recorded against the acquired property to assure that the
13    project and the use of the property remain consistent with
14    those land uses, goals, and purposes for a period of at
15    least 40 years, which execution and recording shall be
16    included as a requirement in any final order entered in the
17    condemnation proceeding.
18    The existence of an ordinance, resolution, or other
19official act designating an area as blighted is not prima facie
20evidence of the existence of blight. A finding by the court in
21a condemnation proceeding that a property or area has not been
22proven to be blighted does not apply to any other case or
23undermine the designation of a blighted area or conservation
24area or the determination of the existence of blight for any
25other purpose or under any other statute, including without
26limitation under the Tax Increment Allocation Redevelopment

 

 

HB5852- 33 -LRB100 21390 LNS 37825 b

1Act (Article 11, Division 74.4 of the Illinois Municipal Code).
2    Any challenge to the existence of blighting factors alleged
3in a complaint to condemn under this subsection shall be raised
4within 6 months of the filing date of the complaint to condemn,
5and if not raised within that time the right to challenge the
6existence of those blighting factors shall be deemed waived.
7    (e) If the exercise of eminent domain authority is to
8acquire property for private ownership or control and if the
9primary purpose of the acquisition is one of the purposes
10specified in item (iii) of this subsection and the condemning
11authority elects to proceed under this subsection, then the
12condemning authority must prove by a preponderance of the
13evidence that: (i) the acquisition of the property is necessary
14for a public purpose; (ii) an enforceable written agreement,
15deed restriction, or similar encumbrance has been or will be
16executed and recorded against the acquired property to assure
17that the project and the use of the property remain consistent
18with the applicable purpose specified in item (iii) of this
19subsection for a period of at least 40 years, which execution
20and recording shall be included as a requirement in any final
21order entered in the condemnation proceeding; and (iii) the
22acquired property will be one of the following:
23        (1) included in the project site for a residential
24    project, or a mixed-use project including residential
25    units, where not less than 20% of the residential units in
26    the project are made available, for at least 15 years, by

 

 

HB5852- 34 -LRB100 21390 LNS 37825 b

1    deed restriction, long-term lease, regulatory agreement,
2    extended use agreement, or a comparable recorded
3    encumbrance, to low-income households and very low-income
4    households, as defined in Section 3 of the Illinois
5    Affordable Housing Act;
6        (2) used primarily for public airport, road, parking,
7    or mass transportation purposes and sold or leased to a
8    private party in a sale-leaseback, lease-leaseback, or
9    similar structured financing;
10        (3) owned or used by a public utility or electric
11    cooperative for utility purposes;
12        (4) owned or used by a railroad for passenger or
13    freight transportation purposes;
14        (5) sold or leased to a private party that operates a
15    water supply, waste water, recycling, waste disposal,
16    waste-to-energy, or similar facility;
17        (6) sold or leased to a not-for-profit corporation
18    whose purposes include the preservation of open space, the
19    operation of park space, and similar public purposes;
20        (7) used as a library, museum, or related facility, or
21    as infrastructure related to such a facility;
22        (8) used by a private party for the operation of a
23    charter school open to the general public; or
24        (9) a historic resource, as defined in Section 3 of the
25    Illinois State Agency Historic Resources Preservation Act,
26    a landmark designated as such under a local ordinance, or a

 

 

HB5852- 35 -LRB100 21390 LNS 37825 b

1    contributing structure within a local landmark district
2    listed on the National Register of Historic Places, that is
3    being acquired for purposes of preservation or
4    rehabilitation.
5    (f) If the exercise of eminent domain authority is to
6acquire property for public ownership and private control and
7if the primary purpose of the acquisition is one of the
8purposes specified in item (iii) of this subsection and the
9condemning authority elects to proceed under this subsection,
10then the condemning authority must prove by a preponderance of
11the evidence that: (i) the acquisition of the property is
12necessary for a public purpose; (ii) the acquired property will
13be owned by the condemning authority or another governmental
14entity; and (iii) the acquired property will be controlled by a
15private party that operates a business or facility related to
16the condemning authority's operation of a university, medical
17district, hospital, exposition or convention center, mass
18transportation facility, or airport, including, but not
19limited to, a medical clinic, research and development center,
20food or commercial concession facility, social service
21facility, maintenance or storage facility, cargo facility,
22rental car facility, bus facility, taxi facility, flight
23kitchen, fixed based operation, parking facility, refueling
24facility, water supply facility, and railroad tracks and
25stations.
26    (g) This Article is a limitation on the exercise of the

 

 

HB5852- 36 -LRB100 21390 LNS 37825 b

1power of eminent domain, but is not an independent grant of
2authority to exercise the power of eminent domain.
3(Source: P.A. 94-1055, eff. 1-1-07.)
 
4    (735 ILCS 30/10-5-60)  (was 735 ILCS 5/7-121)
5    Sec. 10-5-60. Value. Except as to property designated as
6possessing a special use, the fair cash market value of
7property in a proceeding in eminent domain shall be the amount
8of money that a purchaser, willing, but not obligated, to buy
9the property, would pay to an owner willing, but not obliged,
10to sell in a voluntary sale.
11    For the acquisition or damaging of property under the
12O'Hare Modernization Act, the amount shall be determined as of
13the date of filing the complaint to condemn.
14    The For the acquisition of other property, the amount shall
15be determined and ascertained as of the date of filing the
16complaint to condemn, except that:
17        (i) in the case of property not being acquired under
18    Article 20 (quick-take), if the trial commences more than 2
19    years after the date of filing the complaint to condemn,
20    the court may, in the interest of justice and equity,
21    declare a valuation date no sooner than the date of filing
22    the complaint to condemn and no later than the date of
23    commencement of the trial; and
24        (ii) in the case of property that is being acquired
25    under Article 20 (quick-take), if the trial commences more

 

 

HB5852- 37 -LRB100 21390 LNS 37825 b

1    than 2 years after the date of filing the complaint to
2    condemn, the court may, in the interest of justice and
3    equity, declare a valuation date no sooner than the date of
4    filing the complaint to condemn and no later than the date
5    on which the condemning authority took title to the
6    property.
7    In the condemnation of property for a public improvement,
8there shall be excluded from the fair cash market value of the
9property any appreciation in value proximately caused by the
10improvement and any depreciation in value proximately caused by
11the improvement. However, such appreciation or depreciation
12shall not be excluded when property is condemned for a separate
13project conceived independently of and subsequent to the
14original project.
15(Source: P.A. 94-1055, eff. 1-1-07.)
 
16    (735 ILCS 30/10-5-62)
17    Sec. 10-5-62. Relocation costs. Except when federal funds
18are available for the payment of direct financial assistance to
19persons displaced by the acquisition of their real property, in
20all condemnation proceedings for the taking or damaging of real
21property under the exercise of the power of eminent domain, the
22condemning authority shall pay to displaced persons
23reimbursement for their reasonable relocation costs,
24determined in the same manner as under the federal Uniform
25Relocation Assistance and Real Property Acquisition Policies

 

 

HB5852- 38 -LRB100 21390 LNS 37825 b

1Act of 1970, as amended from time to time, and as implemented
2by regulations promulgated under that Act. This Section does
3not apply to the acquisition or damaging of property under the
4O'Hare Modernization Act.
5(Source: P.A. 94-1055, eff. 1-1-07.)
 
6    (735 ILCS 30/10-5-105)
7    Sec. 10-5-105. Sale of certain property acquired by
8condemnation.
9    (a) This Section applies only to property that (i) has been
10acquired after the effective date of this Act by condemnation
11or threat of condemnation, (ii) was acquired for public
12ownership and control by the condemning authority or another
13public entity, and (iii) has been under the ownership and
14control of the condemning authority or that other public entity
15for a total of less than 5 years.
16    As used in this Section, "threat of condemnation" means
17that the condemning authority has made an offer to purchase
18property and has the authority to exercise the power of eminent
19domain with respect to that property.
20    (b) Any governmental entity seeking to dispose of property
21to which this Section applies must dispose of that property in
22accordance with this Section, unless disposition of that
23property is otherwise specifically authorized or prohibited by
24law enacted by the General Assembly before, on, or after the
25effective date of this Act.

 

 

HB5852- 39 -LRB100 21390 LNS 37825 b

1    (c) The sale or public auction by the State of property to
2which this Section applies must be conducted in the manner
3provided in the State Property Control Act for the disposition
4of surplus property.
5    (d) The sale or public auction by a municipality of
6property to which this Section applies must be conducted in
7accordance with Section 11-76-4.1 or 11-76-4.2 of the Illinois
8Municipal Code.
9    (e) The sale or public auction by any other unit of local
10government or school district of property to which this Section
11applies must be conducted in accordance with this subsection
12(e). The corporate authorities of the unit of local government
13or school district, by resolution, may authorize the sale or
14public auction of the property as surplus public real estate.
15The value of the real estate shall be determined by a written
16MAI-certified appraisal or by a written certified appraisal of
17a State-certified or State-licensed real estate appraiser. The
18appraisal shall be available for public inspection. The
19resolution may direct the sale to be conducted by the staff of
20the unit of local government or school district; by listing
21with local licensed real estate agencies, in which case the
22terms of the agent's compensation shall be included in the
23resolution; or by public auction. The resolution shall be
24published at the first opportunity following its passage in a
25newspaper or newspapers published in the county or counties in
26which the unit of local government or school district is

 

 

HB5852- 40 -LRB100 21390 LNS 37825 b

1located. The resolution shall also contain pertinent
2information concerning the size, use, and zoning of the real
3estate and the terms of sale. The corporate authorities of the
4unit of local government or school district may accept any
5contract proposal determined by them to be in the best interest
6of the unit of local government or school district by a vote of
7two-thirds of the members of the corporate authority of the
8unit of local government or school district then holding
9office, but in no event at a price less than 80% of the
10appraised value.
11    (f) (Blank). This Section does not apply to the acquisition
12or damaging of property under the O'Hare Modernization Act.
13(Source: P.A. 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07.)
 
14    (735 ILCS 30/10-5-110)
15    Sec. 10-5-110. Offers of settlement by defendant;
16attorney's fees and litigation expenses.
17    (a) This Section applies only to proceedings for the
18acquisition of property for private ownership or control that
19are subject to subsection (c), (d), (e), or (f) of Section
205-5-5.
21    (b) At any time between (i) the close of discovery in
22accordance with Supreme Court Rule 218(c), as now or hereafter
23amended, or another date set by the court or agreed to by the
24parties, and (ii) 14 days before the commencement of trial to
25determine final just compensation, any defendant may serve upon

 

 

HB5852- 41 -LRB100 21390 LNS 37825 b

1the plaintiff a written offer setting forth the amount of
2compensation that the defendant will accept for the taking of
3that defendant's interest in the property. If the defendant
4does not make such an offer, the defendant shall not be
5entitled to the attorney's fees and other reimbursement
6provided under subsection (e) of this Section.
7    (c) If, within 10 days after service of the offer, the
8plaintiff serves written notice upon that defendant that the
9offer is accepted, then either of those parties may file a copy
10of the offer and a copy of the notice of acceptance together
11with proof of service of the notice. The court shall then enter
12judgment.
13    (d) An offer that is not accepted within the 10-day period
14is deemed to be withdrawn and evidence of the offer is not
15admissible at trial.
16    (e) If a plaintiff does not accept an offer as provided in
17subsection (c) and if the final just compensation for the
18defendant's interest is determined by the trier of fact to be
19equal to or in excess of the amount of the defendant's last
20written offer under subsection (b), then the court must order
21the plaintiff to pay to the defendant that defendant's
22attorney's fees as calculated under subsection (f) of this
23Section. The plaintiff shall also pay to the defendant that
24defendant's reasonable costs and litigation expenses,
25including, without limitation, expert witness and appraisal
26fees, incurred after the making of the defendant's last written

 

 

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1offer under subsection (b).
2    (f) Any award of attorney's fees under this Section shall
3be based solely on the net benefit achieved for the property
4owner, except that the court may also consider any non-monetary
5benefits obtained for the property owner through the efforts of
6the attorney to the extent that the non-monetary benefits are
7specifically identified by the court and can be quantified by
8the court with a reasonable degree of certainty. "Net benefit"
9means the difference, exclusive of interest, between the final
10judgment or settlement and the last written offer made by the
11condemning authority before the filing date of the condemnation
12complaint. The award shall be calculated as follows, subject to
13the Illinois Rules of Professional Conduct:
14        (1) 33% of the net benefit if the net benefit is
15    $250,000 or less;
16        (2) 25% of the net benefit if the net benefit is more
17    than $250,000 but less than $1 million; or
18        (3) 20% of the net benefit if the net benefit is $1
19    million or more.
20    (g) (Blank). This Section does not apply to the acquisition
21of property under the O'Hare Modernization Act.
22(Source: P.A. 94-1055, eff. 1-1-07.)
 
23    (735 ILCS 30/15-1-5)
24    Sec. 15-1-5. Grants of power in other statutes; this Act
25controls. The State of Illinois and its various subdivisions

 

 

HB5852- 43 -LRB100 21390 LNS 37825 b

1and agencies, and all units of local government, school
2districts, and other entities, have the powers of condemnation
3and eminent domain that are (i) expressly provided in this Act
4or (ii) expressly provided in any other provision of law. Those
5powers may be exercised, however, only in accordance with this
6Act. If any power of condemnation or eminent domain that arises
7under any other provision of law is in conflict with this Act,
8this Act controls. This Section does not apply to the
9acquisition or damaging of property under the O'Hare
10Modernization Act.
11(Source: P.A. 94-1055, eff. 1-1-07.)
 
12    (735 ILCS 30/15-5-35)
13    Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605
14through 625. The following provisions of law may include
15express grants of the power to acquire property by condemnation
16or eminent domain:
 
17(605 ILCS 5/4-501); Illinois Highway Code; Department of
18    Transportation and counties; for highway purposes.
19(605 ILCS 5/4-502); Illinois Highway Code; Department of
20    Transportation; for ditches and drains.
21(605 ILCS 5/4-505); Illinois Highway Code; Department of
22    Transportation; for replacement of railroad and public
23    utility property taken for highway purposes.
24(605 ILCS 5/4-509); Illinois Highway Code; Department of

 

 

HB5852- 44 -LRB100 21390 LNS 37825 b

1    Transportation; for replacement of property taken for
2    highway purposes.
3(605 ILCS 5/4-510); Illinois Highway Code; Department of
4    Transportation; for rights-of-way for future highway
5    purposes.
6(605 ILCS 5/4-511); Illinois Highway Code; Department of
7    Transportation; for relocation of structures taken for
8    highway purposes.
9(605 ILCS 5/5-107); Illinois Highway Code; counties; for county
10    highway relocation.
11(605 ILCS 5/5-801); Illinois Highway Code; counties; for
12    highway purposes.
13(605 ILCS 5/5-802); Illinois Highway Code; counties; for
14    ditches and drains.
15(605 ILCS 5/6-309); Illinois Highway Code; highway
16    commissioners or county superintendents; for township or
17    road district roads.
18(605 ILCS 5/6-801); Illinois Highway Code; highway
19    commissioners; for road district or township roads.
20(605 ILCS 5/6-802); Illinois Highway Code; highway
21    commissioners; for ditches and drains.
22(605 ILCS 5/8-102); Illinois Highway Code; Department of
23    Transportation, counties, and municipalities; for limiting
24    freeway access.
25(605 ILCS 5/8-103); Illinois Highway Code; Department of
26    Transportation, counties, and municipalities; for freeway

 

 

HB5852- 45 -LRB100 21390 LNS 37825 b

1    purposes.
2(605 ILCS 5/8-106); Illinois Highway Code; Department of
3    Transportation and counties; for relocation of existing
4    crossings for freeway purposes.
5(605 ILCS 5/9-113); Illinois Highway Code; highway
6    authorities; for utility and other uses in rights-of-ways.
7(605 ILCS 5/10-302); Illinois Highway Code; counties; for
8    bridge purposes.
9(605 ILCS 5/10-602); Illinois Highway Code; municipalities;
10    for ferry and bridge purposes.
11(605 ILCS 5/10-702); Illinois Highway Code; municipalities;
12    for bridge purposes.
13(605 ILCS 5/10-901); Illinois Highway Code; Department of
14    Transportation; for ferry property.
15(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway
16    Authority; for toll highway purposes.
17(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
18    Highway Authority; for its authorized purposes.
19(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway
20    Authority; for property of a municipality or political
21    subdivision for toll highway purposes.
22(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
23    purposes.
24(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose
25    of taking a toll bridge to make it a free bridge.
26(605 ILCS 130/80); Public Private Agreements for the Illiana

 

 

HB5852- 46 -LRB100 21390 LNS 37825 b

1    Expressway Act; Department of Transportation; for the
2    Illiana Expressway project.
3(610 ILCS 5/17); Railroad Incorporation Act; railroad
4    corporation; for real estate for railroad purposes.
5(610 ILCS 5/18); Railroad Incorporation Act; railroad
6    corporations; for materials for railways.
7(610 ILCS 5/19); Railroad Incorporation Act; railways; for land
8    along highways.
9(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of
10    railroad companies; for railroad purposes.
11(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
12    street railroad companies; for street railroad purposes.
13(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of
14    Natural Resources; for land along public waters for
15    pleasure, recreation, or sport purposes.
16(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural
17    Resources; for waterways and appurtenances.
18(615 ILCS 15/7); Flood Control Act of 1945; Department of
19    Natural Resources; for the purposes of the Act.
20(615 ILCS 30/9); Illinois and Michigan Canal Management Act;
21    Department of Natural Resources; for dams, locks, and
22    improvements.
23(615 ILCS 45/10); Illinois and Michigan Canal Development Act;
24    Department of Natural Resources; for development and
25    management of the canal.
26(620 ILCS 5/72); Illinois Aeronautics Act; Division of

 

 

HB5852- 47 -LRB100 21390 LNS 37825 b

1    Aeronautics of the Department of Transportation; for
2    airport purposes.
3(620 ILCS 5/73); Illinois Aeronautics Act; Division of
4    Aeronautics of the Department of Transportation; for
5    removal of airport hazards.
6(620 ILCS 5/74); Illinois Aeronautics Act; Division of
7    Aeronautics of the Department of Transportation; for
8    airport purposes.
9(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
10    of the Department of Transportation; for air rights.
11(620 ILCS 40/2 and 40/3); General County Airport and Landing
12    Field Act; counties; for airport purposes.
13(620 ILCS 40/5); General County Airport and Landing Field Act;
14    counties; for removing hazards.
15(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of
16    directors of airports and landing fields; for airport and
17    landing field purposes.
18(620 ILCS 50/22 and 50/31); County Airports Act; counties; for
19    airport purposes.
20(620 ILCS 50/24); County Airports Act; counties; for removal of
21    airport hazards.
22(620 ILCS 50/26); County Airports Act; counties; for
23    acquisition of airport protection privileges.
24(620 ILCS 52/15); County Air Corridor Protection Act; counties;
25    for airport zones.
26(620 ILCS 55/1); East St. Louis Airport Act; Department of

 

 

HB5852- 48 -LRB100 21390 LNS 37825 b

1    Transportation; for airport in East St. Louis metropolitan
2    area.
3    (620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
4    O'Hare modernization program, including quick-take power.
5(620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
6    the South Suburban Airport Act; Department of
7    Transportation; for South Suburban Airport purposes.
8(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;
9    for general purposes.
10(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
11    for railroad purposes, including quick-take power.
12(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.
137-25-13; 98-756, eff. 7-16-14.)
 
14    (735 ILCS 30/25-7-103.149)   (was 735 ILCS 5/7-103.149)
15    Sec. 25-7-103.149. Quick-take; O'Hare Transformation
16Modernization Program purposes. Quick-take proceedings under
17Article 20 may be used by the City of Chicago for the purpose
18of acquiring property within the area bounded on the north,
19between Carmen Drive and the Union Pacific/Canadian Pacific
20Railroad, by Old Higgins Road, and between Old Higgins Road and
21Touhy Avenue, by the Union Pacific/Canadian Pacific Railroad,
22and east of the Union Pacific/Canadian Pacific Railroad by the
23northern boundary of O'Hare existing on January 1, 2003; on the
24east by the eastern boundary of O'Hare existing on January 1,
252003; on the southeast by the southeastern boundary of O'Hare

 

 

HB5852- 49 -LRB100 21390 LNS 37825 b

1existing on January 1, 2003; on the south between the eastern
2boundary of O'Hare and the Union Pacific Railroad by the
3southern boundary of O'Hare existing on January 1, 2003; on the
4south, between the Union Pacific Railroad and the east boundary
5of York Road by the Canadian Pacific railroad yard; on the
6west, between the Canadian Pacific Railroad Yard and the
7railroad spur intersecting York Road between Arthur and Pratt
8Avenues, by the east boundary of York Road; and on the
9northwest, between York Road and the Union Pacific/Canadian
10Pacific Railroad, by the railroad spur, and between the
11railroad spur and the point at which the extended eastern
12boundary of Carmen Drive intersects the Union Pacific/Canadian
13Pacific Railroad, by the Union Pacific/Canadian Pacific
14Railroad, and between the Union Pacific/Canadian Pacific
15Railroad and Old Higgins Road, by the extended eastern boundary
16of Carmen Drive and by Carmen Drive, for the O'Hare
17Transformation Modernization Program as defined in Section 10
18of the O'Hare Transformation Modernization Act.
19(Source: P.A. 93-450, eff. 8-6-03; 94-1055, eff. 1-1-07.)
 
20    Section 95. The Religious Freedom Restoration Act is
21amended by changing Section 30 as follows:
 
22    (775 ILCS 35/30)
23    Sec. 30. O'Hare Transformation Modernization and South
24Suburban Airport. Nothing in this Act limits the authority of

 

 

HB5852- 50 -LRB100 21390 LNS 37825 b

1the City of Chicago to exercise its powers under the O'Hare
2Transformation Modernization Act, or the Department of
3Transportation to exercise its powers under the Public-Private
4Agreements for the South Suburban Airport Act, for the purposes
5of relocation of cemeteries or the graves located therein.
6(Source: P.A. 98-109, eff. 7-25-13.)
 
7    (620 ILCS 65/Act rep.)
8    Section 100. The O'Hare Modernization Act is repealed.
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law.

 

 

HB5852- 51 -LRB100 21390 LNS 37825 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 3435/1.5
5    20 ILCS 3440/4.5
6    35 ILCS 200/15-185
7    50 ILCS 615/5
8    65 ILCS 5/11-51-1from Ch. 24, par. 11-51-1
9    65 ILCS 5/11-102-2from Ch. 24, par. 11-102-2
10    65 ILCS 5/11-102-4from Ch. 24, par. 11-102-4
11    70 ILCS 805/5efrom Ch. 96 1/2, par. 6308e
12    225 ILCS 411/5-20
13    410 ILCS 535/21from Ch. 111 1/2, par. 73-21
14    620 ILCS 5/38.01from Ch. 15 1/2, par. 22.38a
15    620 ILCS 5/47from Ch. 15 1/2, par. 22.47
16    620 ILCS 5/47.1
17    735 ILCS 5/2-103from Ch. 110, par. 2-103
18    735 ILCS 30/1-1-5
19    735 ILCS 30/5-5-5
20    735 ILCS 30/10-5-60was 735 ILCS 5/7-121
21    735 ILCS 30/10-5-62
22    735 ILCS 30/10-5-105
23    735 ILCS 30/10-5-110
24    735 ILCS 30/15-1-5
25    735 ILCS 30/15-5-35

 

 

HB5852- 52 -LRB100 21390 LNS 37825 b

1    735 ILCS 30/25-7-103.149was 735 ILCS 5/7-103.149
2    775 ILCS 35/30
3    620 ILCS 65/Act rep.