Public Act 93-0450
HB0721 Enrolled LRB093 05825 DRH 05918 b
AN ACT in relation to airports.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short Title. This Act may be cited as the
O'Hare Modernization Act.
Section 5. Findings and purposes.
(a) The Illinois General Assembly finds and determines:
(1) The reliability and efficiency of the State and
national air transportation systems significantly depend
on the efficiency of the Chicago O'Hare International
Airport. O'Hare has an essential role in air
transportation for the State of Illinois. The reliability
and efficiency of air transportation for residents and
businesses in Illinois and other States depend on
efficient air traffic operations at O'Hare.
(2) O'Hare cannot efficiently perform its role in
the State and national air transportation systems unless
it is reconfigured with multiple parallel runways.
(3) The O'Hare Modernization Program will enhance
the economic welfare of the State of Illinois and its
residents by creating thousands of jobs and business
opportunities.
(4) O'Hare provides, and will continue to provide,
unique air transportation functions that cannot be
replaced by any other airport in Illinois.
(5) Public roadway access through the existing
western boundary of O'Hare to passenger terminal and
parking facilities located inside the boundary of O'Hare
and reasonably accessible to that western access is an
essential element of the O'Hare Modernization Program.
That western access to O'Hare is needed to realize the
full economic opportunities created by the O'Hare
Modernization Program and to improve ground
transportation in the O'Hare area. It is important to the
State that the western access be constructed not later
than the time existing runway 14R-32L is removed from
service.
(6) For the reasons stated in paragraphs (1), (2),
(3), (4), and (5), it is essential that the O'Hare
Modernization Program be completed efficiently and
without unnecessary delay.
(7) For the reasons stated in paragraphs (1), (2),
(3), (4), and (5), it is essential that acquisition of
property as required for the O'Hare Modernization Program
be completed as expeditiously as practicable.
(8) The General Assembly recognizes that the
planning, construction, and use of O'Hare and the
planning, construction, and use of the O'Hare
Modernization Program will be subject to intensive
regulatory scrutiny by the United States and that no
purpose would be served by duplicative or redundant
regulation of the safety and impacts of the airport or
the O'Hare Modernization Program.
(9) The General Assembly recognizes that the City
of Chicago has enacted and successfully implemented
ordinances that combat past and ongoing discrimination
against minorities and women in the market that competes
for contracts with the City of Chicago. These ordinances
are among the strongest and most successful in the
country, and have made significant progress in combatting
discrimination against minorities and women throughout
northeastern Illinois.
(b) It is the intent of the General Assembly that all
agencies of this State and its subdivisions shall facilitate
the efficient and expeditious completion of the O'Hare
Modernization Program to the extent not specifically
prohibited by law, and that legal impediments to the
completion of the project be eliminated.
Section 10. Definitions. As used in this Act:
"Airport property" means (i) any property or an interest
in property that is, or hereafter becomes, part of O'Hare
International Airport and (ii) any property or an interest in
property that is not part of O'Hare International Airport,
but that is acquired by the City of Chicago for purposes of
air navigation or air safety in accordance with standards
established by the Federal Aviation Administration. "Airport
property", however, shall not include any substitute property
acquired pursuant to Section 15 of this Act, including
property acquired for cemetery purposes.
"O'Hare Modernization Program" means the plan for
modernization of O'Hare International Airport by (1)
construction and reconfiguration of runways, taxiways, and
facilities for movement and servicing of aircraft;
construction of western airport access and related roadways;
construction and reconfiguration of roadways, terminals,
passenger transportation facilities, parking facilities, and
cargo facilities; construction of drainage and stormwater
management facilities; and related projects, within the area
bounded on the north, between Carmen Drive and the Union
Pacific/Canadian Pacific Railroad, by Old Higgins Road, and
between Old Higgins Road and Touhy Avenue, by the Union
Pacific/Canadian Pacific Railroad, and east of the Union
Pacific/Canadian Pacific Railroad by the northern boundary of
O'Hare existing on January 1, 2003; on the east by the
eastern boundary of O'Hare existing on January 1, 2003; on
the southeast by the southeastern boundary of O'Hare existing
on January 1, 2003; on the south between the eastern boundary
of O'Hare and the Union Pacific Railroad by the southern
boundary of O'Hare existing on January 1, 2003; on the south,
between the Union Pacific Railroad and the east boundary of
York Road by the Canadian Pacific railroad yard; on the west,
between the Canadian Pacific Railroad Yard and the railroad
spur intersecting York Road between Arthur and Pratt Avenues,
by the east boundary of York Road; and on the northwest,
between York Road and the Union Pacific/Canadian Pacific
Railroad, by the railroad spur, and between the railroad spur
and the point at which the extended eastern boundary of
Carmen Drive intersects the Union Pacific/Canadian Pacific
Railroad, by the Union Pacific/Canadian Pacific Railroad, and
between the Union Pacific/Canadian Pacific Railroad and Old
Higgins Road, by the extended eastern boundary of Carmen
Drive and by Carmen Drive; and (2) provision for air
navigation and air safety outside that area in accordance
with standards established by the Federal Aviation
Administration.
"O'Hare" means Chicago O'Hare International Airport.
"City" means the City of Chicago.
Section 15. Acquisition of property. In addition to any
other powers the City may have, and notwithstanding any other
law to the contrary, the City may acquire by gift, grant,
lease, purchase, condemnation (including condemnation by
quick take under Section 7-103.149 of the Code of Civil
Procedure), or otherwise any right, title, or interest in any
private property, property held in the name of or belonging
to any public body or unit of government, or any property
devoted to a public use, or any other rights or easements,
including any property, rights, or easements owned by the
State, units of local government, or school districts,
including forest preserve districts, for purposes related to
the O'Hare Modernization Program. The powers given to the
City under this Section include the power to acquire, by
condemnation or otherwise, any property used for cemetery
purposes within or outside of the City, and to require that
the cemetery be removed to a different location. The powers
given to the City under this Section include the power to
condemn or otherwise acquire (other than by condemnation by
quick take under Section 7-103 of the Code of Civil
Procedure), and to convey, substitute property when the City
reasonably determines that monetary compensation will not be
sufficient or practical just compensation for property
acquired by the City in connection with the O'Hare
Modernization Program. The acquisition of substitute property
is declared to be for public use. Property acquired under
this Section includes property that the City reasonably
determines will be necessary for future use, regardless of
whether final regulatory or funding decisions have been made;
provided, however, that quick-take of such property is
subject to Section 7-103.149 of the Code of Civil Procedure.
Section 20. Condemnation by other governmental units. No
airport property may be subject to taking by condemnation or
otherwise by any unit of local government other than the City
of Chicago, or by any agency, instrumentality, or political
subdivision of the State.
Section 21. Reimbursement for tax base losses.
(a) Whenever the City acquires parcels of property
within any school district or community college district for
the O'Hare Modernization Program, the City shall, for the
following taxable year and for each of the 5 taxable years
thereafter, pay to that district the amount of the total
property tax liability of the acquired parcels to the
district for the 2002 taxable year, increased or decreased
each year by the percentage change of the district's total
tax extension for the current taxable year from the total tax
extension for the prior taxable year; provided that no annual
increase shall exceed the lesser of 5% or the annual increase
in the Consumer Price Index. Funds payable by the City under
this Section shall be paid exclusively from non-tax revenues
generated at airports owned by the City, and shall not exceed
the amount of those funds that can be paid for that purpose
under 49 U.S.C. 47107(l)(2).
(b) Notwithstanding any other provision of this Section:
(i) no funds shall be payable by the City under this Section
with respect to any taxable year succeeding the 2009 taxable
year; (ii) in no event shall such funds be payable on or
after January 1, 2010; (iii) in no event shall the total
funds paid by the City pursuant to this Section to all
districts for all taxable years exceed $20,000,000; and (iv)
any amounts payable to a district by the City with respect to
any parcel of property for any taxable year shall be reduced
by the amount of taxes actually paid to the district for that
taxable year with respect to that parcel or any leasehold
interest therein.
(c) Whenever the City acquires property that is subject
to this Section, the City shall notify the assessor of the
county in which the property is located. The assessor or the
clerk of that county shall, on an annual basis, notify the
affected school district or community college district of all
property that has been identified as being subject to this
Section, and shall provide the district and the City with
such information as may be required in determining the
amounts payable by the City under this Section. The City
shall make payments as required by this Section no later than
90 days after that information is received and verified by
the City.
(d) As used in this Section, "Consumer Price Index"
means the Consumer Price Index for All Urban Consumers for
all items published by the United States Department of Labor.
Section 25. Jurisdiction over airport property. Airport
property shall not be subject to the the laws of any unit of
local government except as provided by ordinance of the City.
Plans of all public agencies that may affect the O'Hare
Modernization Program shall be consistent with the O'Hare
Modernization Program, and to the extent that any plan of any
public agency or unit or division of State or local
government is inconsistent with the O'Hare Modernization
Program, that plan is and shall be void and of no effect.
Section 27. Minority and women-owned businesses and
workers. All City contracts for the O'Hare Modernization
Program shall be subject to all applicable ordinances of the
City governing contracting with minority and women-owned
businesses and prohibiting discrimination and requiring
appropriate affirmative action with respect to minority and
women participants in the work force, including but not
limited to Section 2-92-330 of the Municipal Code of the City
of Chicago (relating to hiring of Chicago residents), Section
2-92-390 of the Municipal Code of the City of Chicago
(relating to hiring of women and minorities), and Sections
2-92-420 through 2-92-570 of the Municipal Code of the City
of Chicago (relating to contracting with minority-owned and
women-owned business enterprises), to the extent permitted by
law and federal funding restrictions. The City of Chicago
shall file semi-annual reports with the General Assembly
documenting compliance with such ordinances with respect to
work performed as part of the O'Hare Modernization Program
and disclosing the extent to which that work is performed by
minority and women workers and minority-owned and women-owned
business enterprises.
Section 28. Advisory Committee. An O'Hare Modernization
Advisory Committee is established to monitor, review, and
report the utilization of minority owned business enterprises
and women owned business enterprises, as defined in Section
2-92-420 in the Municipal Code of the City of Chicago, the
employment of women, and the employment of minorities, as
defined in Section 2-92-420 of the Municipal Code of the City
of Chicago, during the O'Hare Modernization project. The City
of Chicago shall work with the Advisory Committee in
accumulating necessary information for the Committee to
submit reports, as necessary, to the General Assembly and the
City of Chicago. The Committee shall consist of 13 members: 7
members selected by the Mayor of the City of Chicago; 2
members selected by the President of the Illinois Senate; 2
members selected by the Speaker of the Illinois House of
Representatives; one member selected by the Minority Leader
of the Illinois Senate; and one member selected by the
Minority Leader of the Illinois House of Representatives.
The Advisory Committee shall meet periodically and shall
report the information gathered to the Mayor of the City of
Chicago and to the General Assembly by December 31st of every
year.
Section 30. Home Rule. It is declared to be the law of
this State, pursuant to paragraph (h) of Section 6 of Article
VII of the Illinois Constitution, that the regulation and
supervision of the City of Chicago's implementation of the
O'Hare Modernization Program is an exclusive State function
that may not be exercised concurrently by any unit of local
government.
Section 90. The Archeological and Paleontological
Resources Protection Act is amended by adding Section 1.5 as
follows:
(20 ILCS 3435/1.5 new)
Sec. 1.5. O'Hare Modernization. Nothing in this Act
limits the authority of the City of Chicago to 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 Act when acquiring property or otherwise
exercising its powers under the O'Hare Modernization Act.
Section 91. The Human Skeletal Remains Protection Act is
amended by adding Section 4.5 as follows:
(20 ILCS 3440/4.5 new)
Sec. 4.5. O'Hare Modernization. Nothing in this Act
limits the authority of the City of Chicago to 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 Act when acquiring property or otherwise
exercising its powers under the O'Hare Modernization Act.
Section 92. The Illinois Municipal Code is amended by
changing Sections 11-51-1, 11-102-2, and 11-102-4 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.
(Source: P.A. 87-1153.)
(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
Sec. 11-102-2. Every municipality specified in Section
11-102-1 may purchase, construct, reconstruct, expand and
improve landing fields, landing strips, landing floats,
hangers, terminal buildings and other structures relating
thereto and may provide terminal facilities for public
airports; may construct, reconstruct and improve causeways,
roadways, and bridges for approaches to or connections with
the landing fields, landing strips and landing floats; and
may construct and maintain breakwaters for the protection of
such airports with a water front. Before any work of
construction is commenced in, over or upon any public waters
of the state, the plans and specifications therefor shall be
submitted to and approved by the Department of Transportation
of the state. Submission to and approval by the Department of
Transportation is not required for any work or construction
undertaken as part of the O'Hare Modernization Program as
defined in Section 10 of the O'Hare Modernization Act.
(Source: P.A. 81-840.)
(65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
Sec. 11-102-4. Every municipality specified in Section
11-102-1 may contract for the removal or relocation of all
buildings, railways, mains, pipes, conduits, wires, poles,
and all other structures, facilities and equipment which may
interfere with the location, expansion or improvement of any
public airport, or with the safe approach thereto or take-off
therefrom by aircraft, and may acquire by gift, grant, lease,
purchase, condemnation or otherwise any private property,
public property or property devoted to any public use or
rights or easements therein for any purpose authorized by
this Section and Sections 11-102-1 through 11-102-3. 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.
(Source: Laws 1961, p. 576.)
Section 93. 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
shall not be subject to eminent domain or condemnation
proceedings, except as otherwise provided in Section 15 of
the O'Hare Modernization Act.
(Source: P.A. 85-993.)
Section 93.5. 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.
(Source: P.A. 88-261; 89-381, eff. 8-18-95.)
Section 94. The Illinois Aeronautics Act is amended by
changing Sections 38.01 and 47 and by adding Section 47.1 as
follows:
(620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
Sec. 38.01. Project applications.
(a) No municipality or political subdivision in this
state, whether acting alone or jointly with another
municipality or political subdivision or with the state,
shall submit any project application under the provisions of
the Airport and Airway Improvement Act of 1982, or any
amendment thereof, unless the project and the project
application have been first approved by the Department. No
such municipality or political subdivision shall directly
accept, receive, or disburse any funds granted by the United
States under the Airport and Airway Improvement Act of 1982,
but it shall designate the Department as its agent to accept,
receive, and disburse such funds, provided, however, nothing
in this Section shall be construed to prohibit any
municipality or any political subdivision of more than
500,000 inhabitants from disbursing such funds through its
corporate authorities. It shall enter into an agreement with
the Department prescribing the terms and conditions of such
agency in accordance with federal laws, rules and regulations
and applicable laws of this state. This subsection (a) does
not apply to any project application submitted in connection
with the O'Hare Modernization Program as defined in Section
10 of the O'Hare Modernization Act.
(b) The City of Chicago may submit a project application
under the provisions of the Airport and Airway Improvement
Act of 1982, as now or hereafter amended, or any other
federal law providing for airport planning or development, if
the application is submitted in connection with the O'Hare
Modernization Program as defined in Section 10 of the O'Hare
Modernization Act, and the City may directly accept, receive,
and disburse any such funds.
(Source: P.A. 92-341, eff. 8-10-01.)
(620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
Sec. 47. Operation without certificate of approval
unlawful; applications.) An application for a certificate of
approval of an airport or restricted landing area, or the
alteration or extension thereof, shall set forth, among other
things, the location of all railways, mains, pipes, conduits,
wires, cables, poles and other facilities and structures of
public service corporations or municipal or quasi-municipal
corporations, located within the area proposed to be acquired
or restricted, and the names of persons owning the same, to
the extent that such information can be reasonably
ascertained by the applicant.
It shall be unlawful for any municipality or other
political subdivision, or officer or employee thereof, or for
any person, to make any alteration or extension of an
existing airport or restricted landing area, or to use or
operate any airport or restricted landing area, for which a
certificate of approval has not been issued by the
Department; Provided, that no certificate of approval shall
be required for an airport or restricted landing area which
was in existence and approved by the Illinois Aeronautics
Commission, whether or not being operated, on or before July
1, 1945, or for the O'Hare Modernization Program as defined
in Section 10 of the O'Hare Modernization Act; except that a
certificate of approval shall be required under this Section
for construction of a new runway at O'Hare International
Airport with a geographical orientation that varies from a
geographical east-west orientation by more than 10 degrees,
or for construction of a new runway at that airport that
would result in more than 8 runways being available for
aircraft operations at that airport. The Department shall
supervise, monitor, and enforce compliance with the O'Hare
Modernization Act by all other departments, agencies, and
units of State and local government.
Provisions of this Section do not apply to special
purpose aircraft designated as such by the Department when
operating to or from uncertificated areas other than their
principal base of operations, provided mutually acceptable
arrangements are made with the property owner, and provided
the owner or operator of the aircraft assumes liabilities
which may arise out of such operations.
(Source: P.A. 81-840.)
(620 ILCS 5/47.1 new)
Sec. 47.1. Review by Department of O'Hare Modernization
Program. The Department shall monitor the design, planning,
financing, and construction of the O'Hare Modernization
Program as defined in Section 10 of the O'Hare Modernization
Act in order to ensure that the O'Hare Modernization Program
proceeds in a timely, efficient, and safe manner, and shall
monitor the effects of the O'Hare Modernization Program on
units of local government throughout the State. The
Department shall file reports with the General Assembly as
the Department deems appropriate concerning the design,
planning, financing, and construction of the O'Hare
Modernization Program as defined in Section 10 of the O'Hare
Modernization Act, and the effects of the O'Hare
Modernization Program on units of local government.
Section 95. The Code of Civil Procedure is amended by
changing Section 2-103 and adding Section 7-103.149 as
follows:
(735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
Sec. 2-103. Public corporations - Local actions - Libel
- Insurance companies.
(a) Actions must be brought against a public, municipal,
governmental or quasi-municipal corporation in the county in
which its principal office is located or in the county in
which the transaction or some part thereof occurred out of
which the cause of action arose. Except as otherwise
provided in Section 7-102 of this Code, if the cause of
action is related to an airport owned by a unit of local
government or the property or aircraft operations thereof,
however, including an action challenging the
constitutionality of this amendatory Act of the 93rd General
Assembly, the action must be brought in the county in which
the unit of local government's principal office is located.
Actions to recover damage to real estate which may be
overflowed or otherwise damaged by reason of any act of the
corporation may be brought in the county where the real
estate or some part of it is situated, or in the county where
the corporation is located, at the option of the party
claiming to be injured. Except as otherwise provided in
Section 7-102 of this Code, any cause of action that is
related to an airport owned by a unit of local government,
and that is pending on or after the effective date of this
amendatory Act of the 93rd General Assembly in a county other
than the county in which the unit of local government's
principal office is located, shall be transferred, upon
motion of any party under Section 2-106 of this Code, to the
county in which the unit of local government's principal
office is located.
(b) Any action to quiet title to real estate, or to
partition or recover possession thereof or to foreclose a
mortgage or other lien thereon, must be brought in the county
in which the real estate or some part of it is situated.
(c) Any action which is made local by any statute must
be brought in the county designated in the statute.
(d) Every action against any owner, publisher, editor,
author or printer of a newspaper or magazine of general
circulation for libel contained in that newspaper or magazine
may be commenced only in the county in which the defendant
resides or has his, her or its principal office or in which
the article was composed or printed, except when the
defendant resides or the article was printed without this
State, in either of which cases the action may be commenced
in any county in which the libel was circulated or published.
(e) Actions against any insurance company incorporated
under the law of this State or doing business in this State
may also be brought in any county in which the plaintiff or
one of the plaintiffs may reside.
(Source: P.A. 85-887.)
(735 ILCS 5/7-103.149 new)
Sec. 7-103.149. Quick-take; O'Hare Modernization Program
purposes. Quick-take proceedings under Section 7-103 may be
used by the City of Chicago for the purpose of acquiring
property within the area bounded on the north, between Carmen
Drive and the Union Pacific/Canadian Pacific Railroad, by Old
Higgins Road, and between Old Higgins Road and Touhy Avenue,
by the Union Pacific/Canadian Pacific Railroad, and east of
the Union Pacific/Canadian Pacific Railroad by the northern
boundary of O'Hare existing on January 1, 2003; on the east
by the eastern boundary of O'Hare existing on January 1,
2003; on the southeast by the southeastern boundary of O'Hare
existing on January 1, 2003; on the south between the eastern
boundary of O'Hare and the Union Pacific Railroad by the
southern boundary of O'Hare existing on January 1, 2003; on
the south, between the Union Pacific Railroad and the east
boundary of York Road by the Canadian Pacific railroad yard;
on the west, between the Canadian Pacific Railroad Yard and
the railroad spur intersecting York Road between Arthur and
Pratt Avenues, by the east boundary of York Road; and on the
northwest, between York Road and the Union Pacific/Canadian
Pacific Railroad, by the railroad spur, and between the
railroad spur and the point at which the extended eastern
boundary of Carmen Drive intersects the Union
Pacific/Canadian Pacific Railroad, by the Union
Pacific/Canadian Pacific Railroad, and between the Union
Pacific/Canadian Pacific Railroad and Old Higgins Road, by
the extended eastern boundary of Carmen Drive and by Carmen
Drive, for the O'Hare Modernization Program as defined in
Section 10 of the O'Hare Modernization Act.
Section 96. The Religious Freedom Restoration Act is
amended by adding Section 30 as follows:
(775 ILCS 35/30 new)
Sec. 30. O'Hare Modernization. Nothing in this Act
limits the authority of the City of Chicago to exercise its
powers under the O'Hare Modernization Act for the purposes of
relocation of cemeteries or the graves located therein.
Section 98. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
its becoming law, and Section 95 of this Act applies to cases
pending on or after the effective date.