Sen. Toi W. Hutchinson

Filed: 4/24/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2651

2    AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. TITLE AND DEFINITIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6South Suburban Airport Authority Act.
 
7    Section 1-5. Definitions. As used in this Act:
8    "Airport" means a facility for passenger, cargo, or
9military air service, including, without limitation, landing
10fields, taxiways, aprons, runways, runway clear areas,
11hangars, aircraft service facilities, approaches, navigational
12aids, terminals, inspection facilities, parking, internal
13transit facilities, fueling facilities, cargo handling
14facilities, concessions, rapid transit and roadway access,
15land and interests in land, public waters, submerged land under

 

 

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1public waters and reclaimed land located on previously
2submerged land under public waters, and all other property and
3appurtenances necessary or useful for development, ownership
4and operation of any such facilities, all located on the site
5of the airport. It further includes commercial or industrial
6facilities located on the site of the airport and related to
7the functioning of the airport or to providing services to
8users of the airport.
9    "Airport Boundaries" means the limits of the approved
10airport property for the current South Suburban Airport as
11shown on an airport layout plan approved by the Federal
12Aviation Administration, or any successor agency.
13    "Authority" means the South Suburban Airport Authority
14created by this Act.
15    "Board" means the Board of Directors of the Authority.
16    "Bonds" means any instrument evidencing the obligations of
17the Authority to pay money authorized or issued by or on behalf
18of the Authority, including, without limitation, bonds, notes,
19certificates, lines of credit, leases, installment or
20conditional purchase agreements, and any other evidence of
21indebtedness.
22    "Department" means the Illinois Department of
23Transportation.
24    "Executive Director" means the Board-appointed chief
25executive officer of the Authority.
26    "Governmental entity" means any political subdivision,

 

 

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1school district, municipal corporation, unit of local
2government, or airport authority.
3    "South Suburban Airport" means the airport to be developed
4on a site located in Will County and approved by the Federal
5Aviation Administration in the Record of Decision for Tier 1:
6FAA Site Approval And Land Acquisition By The State Of
7Illinois, Proposed South Suburban Airport, Will County,
8Illinois, dated July 2002. The airport location is reflected in
9Figure R-3 of the Record of Decision, and includes all of the
10land lying within the ultimate acquisition boundary depicted in
11Figure R-3. The ultimate airport boundaries shall be modified
12to reflect the ultimate airport boundaries in an airport layout
13plan approved by the Federal Aviation Administration, or any
14successor agency, and as reflected later in any approved
15airport layout plan.
 
16
ARTICLE 2. PURPOSE AND FINDINGS

 
17    Section 2-5. Purpose. The purpose of this Act is to create
18the Authority as an Illinois political subdivision, municipal
19corporation, and unit of local government with the powers set
20forth in this Act, including power to take all needed steps for
21the ownership, planning, acquisition, design, construction,
22development, and operation of the South Suburban Airport.
 
23    Section 2-10. Findings. It is found and declared by the

 

 

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1General Assembly as follows:
2        (1) Providing facilities for air travel to and from the
3    South Suburban Airport is essential for the health and
4    welfare of the people of the State of Illinois and economic
5    development of the State of Illinois.
6        (2) Airport development has significant regional
7    impacts with regard to economic development, public
8    infrastructure requirements, traffic, noise, and other
9    concerns.
10        (3) To provide for the health and welfare of the people
11    and economy of the South Suburban Airport area and the
12    State, it is necessary that there be regional control by
13    the Authority of the ownership, planning, acquisition,
14    design, construction, development, and operation of the
15    South Suburban Airport.
 
16    Section 2-15. Exclusive exercise of State power. To the
17extent this Act grants the Authority power to plan, coordinate
18development of, make improvements to, zone for airport
19operation, safety, efficiency, and compatibility, control and
20operate the South Suburban Airport, it constitutes an exclusive
21exercise of those powers on behalf of the State in accordance
22with subsection (h) of Section 6 of Article VII of the Illinois
23Constitution and accordingly is a limitation on the powers of
24home rule units to regulate or supervise planning,
25construction, development, zoning for airport compatibility or

 

 

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1operation of the South Suburban Airport.
 
2
ARTICLE 3. ESTABLISHMENT

 
3    Section 3-5. Creation of the Authority. There is created
4the South Suburban Airport Authority, which shall be an
5Illinois political subdivision, municipal corporation, and
6unit of local government.
 
7
ARTICLE 4. GOVERNANCE

 
8    Section 4-5. Board of Directors.
9    (a) The governing body of the Authority shall be a Board of
10Directors. The Board of Directors shall have 9 directors
11appointed as follows:
12        (1) four directors shall be appointed by the Will
13    County Executive, with the advice and consent of the Will
14    County Board; one of these 4 directors shall be a resident
15    of the 6 township eastern Will County area consisting of
16    the townships of Crete, Green Garden, Monee, Peotone,
17    Washington and Will;
18        (2) one director shall be appointed collectively by the
19    municipalities of Beecher, Crete, Monee, Peotone and
20    University Park; the selection procedure for this director
21    shall be as follows: the village president of each
22    municipality, with the advice and consent of the

 

 

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1    municipality's board of trustees, shall submit one
2    candidate for consideration within 30 days after the
3    effective date of this Act, and thereafter within 30 days
4    after any vacancy or expiration of the term of the board
5    member selected pursuant to this item (2); the
6    municipalities may, by intergovernmental agreement,
7    establish an open interview or other public hearing process
8    to review the candidates; the Board of each such
9    municipality shall vote, within 30 days after receipt of
10    candidate nominations, for one candidate; candidates
11    receiving the highest vote total shall be appointed to the
12    Board; in the event of a tie vote among the candidates
13    receiving the 2 highest vote totals, within 15 days after
14    receiving notice of the tie vote, the village presidents of
15    each municipality shall cast a vote for a single candidate
16    to break the tie; the failure of a municipality's village
17    president or board to act within any of the time frames set
18    forth in this item (2) shall forfeit that municipality's
19    right to participate further in the selection and
20    appointment process for the Authority's board position
21    then under consideration;
22        (3) one director shall be appointed by the Cook County
23    Township Supervisors whose townships border Will County;
24    the director must reside in one of the Cook County
25    Townships that border Will County; the selection procedure
26    for this director shall be as follows: the township

 

 

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1    supervisor of each township, with the advice and consent of
2    the township's board of trustees, shall submit one
3    candidate for consideration within 30 days after the
4    effective date of this Act, and thereafter within 30 days
5    after any vacancy or expiration of the term of the board
6    member selected pursuant to this item (3); the townships
7    may, by intergovernmental agreement, establish an open
8    interview or other public hearing process to review the
9    candidates; the Board of each such township shall vote,
10    within 30 days after receipt of candidate nominations, for
11    one candidate; candidates receiving the highest vote total
12    shall be appointed to the Board; in the event of a tie vote
13    among the candidates receiving the 2 highest vote totals,
14    within 15 days after receiving notice of the tie vote, the
15    township supervisors of each township shall cast a vote for
16    a single candidate to break the tie; the failure of a
17    township's supervisor or board to act within any of the
18    time frames set forth in this item (3) shall forfeit that
19    township's right to participate further in the selection
20    and appointment process for the Authority's board position
21    then under consideration;
22        (4) one director shall be appointed by the Chairman of
23    the Kankakee County Board, with the advice and consent of
24    the Kankakee County Board; and
25        (5) two directors shall be appointed by the Governor,
26    with the advice and consent of the Senate.

 

 

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1    (b) One of the directors appointed by the Will County
2Executive, with the advice and consent of the Will County
3Board, shall be designated and serve as the Board Chair.
4    (c) Each appointment shall be certified by the appointing
5officer to the Secretary of State of Illinois and the Secretary
6of the Authority.
7    (d) The appointing officers shall make their initial
8appointments within 60 days after the effective date of this
9Act. The failure of any appointment to be so made shall not
10affect the establishment of the Authority or the exercise of
11its powers.
 
12    Section 4-10. Terms, vacancies, and removal.
13    (a) Of the initial 9 directors who may be appointed
14pursuant to this Act, one appointed by the Will County
15Executive shall serve for a term expiring January 1, 2014; one
16appointed by the Chairman of the Kankakee County Board and one
17appointed by the Will County Executive shall serve for terms
18expiring January 1, 2015; one appointed by the municipalities
19pursuant to item (2) of subsection (a) of Section 4-5 of this
20Act and one appointed by the Will County Executive shall serve
21terms expiring January 1, 2016; 2 appointed by the Governor and
22one appointed by the Will County Executive shall serve for a
23term expiring on January 1, 2017; and the Chair shall serve for
24a term expiring January 1, 2018. All subsequent terms
25thereafter shall be 6 years.

 

 

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1    (b) Directors shall hold office until their respective
2successors have been appointed. Directors may be reappointed
3and may serve consecutive terms.
4    (c) A vacancy shall occur upon resignation, death, or
5disqualification under the law of the State of Illinois or upon
6removal by the appointing official, as provided in subsection
7(f) of this Section.
8    (d) A director who no longer meets the residency
9requirements of Section 4-5(a)(1) or (3) shall be disqualified
10and a vacancy shall exist until a new director is appointed.
11    (e) In the event of a vacancy, the appointing officer who
12appointed the director whose position is vacant shall make an
13appointment to fill the vacancy to serve the remainder of the
14unexpired term in the same manner as provided for appointment
15of directors.
16    (f) Any director may be removed from office by the official
17or successor who appointed that director for incompetence,
18neglect of duty, or malfeasance in office on the part of the
19director to be removed.
 
20    Section 4-15. Meetings; quorum.
21    (a) As soon as practical after the effective date of this
22Act, the Board shall organize for the transaction of business.
23The Board may organize and conduct business when a majority of
24its members have been appointed. The Board shall prescribe the
25time and place for meetings, the place of the principal office

 

 

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1of the Authority (which shall be in Will County), the manner in
2which special meetings may be called, the notice that must be
3given to directors, and the notice that must be given to the
4public of meetings of the Board. The Board shall prescribe
5bylaws and an official seal of the Authority. A majority of the
6total number of directors holding office at any time shall
7constitute a quorum for the transaction of business.
8    (b) All substantive action of the Board shall be by
9resolution. The concurrence of a majority of the total number
10of directors then holding office shall be necessary for the
11adoption of any resolution. No action shall be taken unless at
12least a majority of directors have been appointed and are
13holding office.
 
14    Section 4-20. Compensation. The annual compensation for
15directors shall be established by resolution of the Board at an
16amount not to exceed $10,000 per annum. The $10,000 threshold
17shall be revised each July 1 for inflation or deflation using
18the percentage change of the value of the Consumer Price Index
19for All Urban Consumers as determined by the United States
20Department of Labor in the latest known month compared to the
21same value in the previous year. The directors also shall be
22compensated for all actual expenses incurred in the performance
23of official duties.
 
24    Section 4-25. Chair and other officers. The Chair shall

 

 

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1preside at meetings of the Board and shall be entitled to vote
2on all matters. The Board shall select a Vice-Chair (who shall
3preside in the Chair's absence), Secretary, and Treasurer and
4may provide for other officers of the Authority with such
5duties as it shall from time to time determine. The Secretary,
6Treasurer, and other officers of the Authority may, but need
7not, be directors.
 
8    Section 4-30. Executive Director. The officers of the
9Authority shall include an Executive Director, who shall be the
10chief executive officer of the Authority, and who shall be
11appointed by the Board. The Executive Director must have and
12maintain the designation as an Accredited Airport Executive as
13defined by the American Association of Airport Executives. The
14Executive Director, consistent with the policies and direction
15of the Board, (i) shall be responsible for the management of
16the properties, business, and employees of the Authority, (ii)
17shall direct the enforcement of all resolutions, rules, and
18regulations of the Board, and (iii) shall perform such other
19duties as may be prescribed from time to time by the Board. The
20Board shall provide for the appointment of, and may enter into
21contracts for services by, such attorneys, engineers,
22consultants, agents, and employees as it may deem necessary or
23desirable, and may require bonds of any of them. The Board
24shall adopt rules and procedures governing the Authority's
25employment, evaluation, promotion, and discharge of employees.

 

 

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1Subject to those rules and procedures and consistent with the
2policies and directions of the Board, the Executive Director
3shall select and appoint and may discharge employees of the
4Authority, or may supervise such selection, appointment or
5discharge. The Executive Director shall not be a member of the
6Board. All officers (other than officers who are members of the
7Board) and all employees of the Authority shall report and be
8subordinate to the Executive Director. The compensation of the
9Executive Director and all other officers, attorneys,
10engineers, consultants, agents, and employees shall be
11established by the Board.
 
12    Section 4-35. Conflict of interest.
13    (a) No director shall be an elected official, officer or
14employee of a federal, State, county, municipal or other local
15unit of government.
16    (b) It is unlawful for:
17        (i) any person appointed to or employed in any of the
18    offices or agencies of Will, Cook, or Kankakee County, or
19    the municipalities of Beecher, Crete, Monee, Peotone, or
20    University Park, who receives compensation for such
21    employment in excess of the salary of the Will County
22    Executive;
23        (ii) a director or any person holding an elective
24    office in Will, Cook, or Kankakee County or in the
25    municipalities of Beecher, Crete, Monee, Peotone, or

 

 

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1    University Park, or holding a seat on the board of Will,
2    Cook, or Kankakee County or the municipalities of Beecher,
3    Crete, Monee, Peotone, or University Park; or
4        (iii) a person who is the spouse or minor child of any
5    person referenced in item (i) or (ii) of this subsection;
6to have or acquire any contract, or any direct pecuniary
7interest in any contract therein, whether for stationery,
8printing, paper, or any services, materials, or supplies, that
9will be wholly or partially satisfied by the payment of funds
10by the Authority.
11    (c) It is unlawful for any firm, partnership, association,
12or corporation, in which any person listed in subsection (b) is
13entitled to receive (i) more than 7 1/2% of the total
14distributable income or (ii) an amount in excess of two times
15the salary of the Will County Executive, to have or acquire any
16such contract or direct pecuniary interest therein.
17    (d) It is unlawful for any firm, partnership, association,
18or corporation, in which any person listed in subsection (b)
19together with his or her spouse or minor children is entitled
20to receive (i) more than 15%, in the aggregate, of the total
21distributable income or (ii) an amount in excess of 4 times the
22salary of the Will County Executive, to have or acquire any
23such contract or direct pecuniary interest therein.
24    (e) This Section does not affect the validity of any
25contract that was in existence before the election or
26employment as an officer, member, or employee of the person

 

 

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1listed in subsection (b). The contract is voidable, however, if
2it cannot be completed within 365 days after the officer,
3member, or employee takes office or is employed.
4    (f) The following are exceptions to the otherwise
5applicable prohibitions of this Section:
6        (1) This Section does not apply to a contract for
7    personal services of a wholly ministerial character,
8    including but not limited to services as a laborer, clerk,
9    typist, stenographer, page, bookkeeper, receptionist, or
10    telephone switchboard operator, made by a spouse or minor
11    child of the person listed in subsection (b).
12        (2) Contracts with licensed professionals, provided
13    they are competitively bid or part of a reimbursement
14    program for specific, customary goods and services
15    associated with the provision of human services, such as
16    financial or medical assistance for elderly or low income
17    individuals.
18    (g) With respect to any direct or indirect interest, other
19than an interest prohibited in subsection (b), (c) or (d) of
20this Section held by a director or officer of the Authority or
21the spouse or minor child of a director or officer, in a
22contract or the performance of work upon which the director or
23officer of the Authority may, apart from subsections (b), (c)
24and (d), be called upon to act or vote, a director or officer
25of the Authority shall disclose the interest to the Secretary
26of the Authority prior to the taking of final action by the

 

 

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1Authority concerning the contract or work and shall so disclose
2the nature and extent of the interest and the acquisition of
3it. The disclosure shall be publicly acknowledged by the
4Authority and entered upon the minutes of the Authority. If a
5director or officer or his or her spouse or minor child holds
6such an interest, then the director or officer shall refrain
7from any further involvement in regard to such contract or
8work, from voting on any matter pertaining to the contract or
9work, and from communicating with other directors or officers
10of the Authority concerning the contract or work.
11Notwithstanding any other provision of law, any contract or
12work entered into in conformity with this subsection (g) shall
13not be void or invalid by reason of the interest described in
14this subsection (g). Any person violating this subsection (g)
15shall be removed from office.
16    (h) Any contract made in violation of subsection (b), (c),
17(d) or (g) of this Section shall be voidable at the election of
18the Authority.
19    (i) A person convicted of a violation of subsection (b),
20(c), (d) or (g) of this Section is guilty of a business offense
21and shall be fined not less than $1,000 nor more than $5,000.
22    (j) The Authority shall adopt regulations governing
23conflicts of interest with regard to its employees.
 
24    Section 4-40. Exemptions. By majority vote of its Board,
25the Authority may exempt named individuals from the

 

 

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1prohibitions of Section 4-35 when, in its judgment, the public
2interest in having the individual in the service of the
3Authority outweighs the public policy evidenced in that
4Section. An exemption is effective only when it is filed with
5the Secretary of the Authority and includes a statement
6approved by the Board setting forth the name of the individual
7and all the pertinent facts that would make that Section
8applicable, setting forth the reason for the exemption, and
9declaring the individual exempted from that Section. Notice of
10each exemption shall be published in the minutes of the meeting
11at which the exemption was approved.
 
12    Section 4-45. Meetings and records. The provisions of the
13Open Meetings Act and Illinois law concerning availability of
14public records shall apply to all meetings and records of the
15Authority.
 
16
ARTICLE 5. INTERIM PLANNING

 
17    Section 5-5. South Suburban Airport. The Illinois
18Department of Transportation and the South Suburban Airport
19Authority shall serve as co-sponsors of the South Suburban
20Airport until the Federal Aviation Administration issues a
21record of decision and an environmental impact statement
22concerning the airport layout plan for the South Suburban
23Airport or until July 1, 2014, whichever is earlier. Upon the

 

 

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1creation of the Authority, the Authority shall enter into an
2agreement with the Department to complete all ongoing projects,
3including the Airport Master Plan, and assist the Federal
4Aviation Administration in preparing and approving the
5Environmental Impact Statement and Record of Decision.
6Thereafter, the South Suburban Airport Authority shall serve as
7the sponsor of the South Suburban Airport. To the extent
8otherwise required by law, the Department shall serve as a
9co-sponsor of the South Suburban Airport.
 
10
ARTICLE 6. POWERS

 
11    Section 6-5. General airport powers. The Authority has the
12power to plan, develop, secure permits, licenses, and approvals
13for, acquire, develop, construct, equip, own, and operate the
14South Suburban Airport. The Authority also has the power to
15own, operate, acquire facilities for, construct, improve,
16repair, maintain, renovate, and expand the South Suburban
17Airport, including any facilities located on the site of the
18South Suburban Airport for use by any individual or entity
19other than the Authority. The development of the South Suburban
20Airport shall also include all land, highways, waterways, mass
21transit facilities, and other infrastructure that, in the
22determination of the Authority, are necessary or appropriate in
23connection with the development or operation of the South
24Suburban Airport. The development of the South Suburban Airport

 

 

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1also includes acquisition and development of any land or
2facilities (i) for relocation of persons, including providing
3replacement housing or facilities for persons and entities
4displaced by that development, (ii) for protecting or
5reclaiming the environment with respect to the South Suburban
6Airport, (iii) for providing substitute or replacement
7property or facilities, including without limitation, for
8areas of recreation, conservation, open space, and wetlands,
9(iv) for providing navigational aids, or (v) for utilities to
10serve the airport, whether or not located on the site of the
11South Suburban Airport.
 
12    Section 6-10. Land and public waters. The Authority has the
13power to acquire all land, interests in land, and all other
14property and interests in property as may be necessary to carry
15out its powers and functions under this Act and to dispose of
16any such lands, interests, and property upon terms it deems
17appropriate.
 
18    Section 6-15. Protection of land for future airport
19development.
20    (a) The Authority may elect to protect the land needed for
21future development of the South Suburban Airport and to prevent
22costly and conflicting development of the land, including any
23land lying within the ultimate acquisition boundary of the
24South Suburban Airport. If the Authority elects to protect such

 

 

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1land and prevent conflicting development, it shall follow the
2procedures specified in this Section. There is no requirement
3that the Authority take any of the actions specified in this
4Section unless the Authority elects to protect the land needed
5for the South Suburban Airport.
6    (b) The Authority shall make a survey and prepare a map
7showing the location for the South Suburban Airport. The map
8shall show existing highways in the area involved, the property
9lines and persons paying the most recent property taxes on land
10that will be needed for the future additions, and all other
11pertinent information. A copy of the map shall be filed in the
12Office of the Recorder for Will County.
13    Public notice of the location of the South Suburban Airport
14shall be given by publishing in a newspaper of general
15circulation in Will County. The notice shall state where the
16map has been filed. The notice shall also provide notice of the
17time, date, and location of a public hearing to be held by the
18Authority in Will County for the purpose of explaining the land
19protection procedures available to the Authority under the
20terms of this Section. The notice shall be served by registered
21mail within 60 days thereafter on all persons shown as having
22most recently paid the property taxes on the land.
23    Any material changes in the location of the airport shall
24be filed and notice given in the manner provided for an
25original map.
26    (c) The public hearing required by this Section shall be

 

 

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1held not less than 15 days and not more than 45 days after the
2notice is mailed to all persons shown as having most recently
3paid the property taxes on the land. At the hearing, the
4Authority shall explain the land protection procedures
5available to the Authority under this Section. In addition, any
6interested person or his or her representative may be heard at
7the hearing. The Authority shall evaluate the testimony given
8at the hearing.
9    (d) After the map is filed, notice of its filing has been
10given, and a public hearing has been held, as provided in this
11Section, no one shall incur development costs or place
12improvements in, upon, or under the land involved nor rebuild,
13alter, or add to any existing structure without first giving
1460-days' notice by registered mail to the Authority. This
15provision shall not apply to any normal or emergency repairs to
16existing structures. The Authority shall have 60 days after
17receipt of that notice to inform the owner of its intention to
18acquire all or part of the land involved; after which, the
19Authority shall have the additional time required to acquire
20all or part of the land by purchase or to initiate action to
21acquire the land through the exercise of the power of eminent
22domain. When such property is acquired, no damages shall be
23allowed for any construction, alteration, or addition in
24violation of this Section unless the Authority has failed to
25acquire the land by purchase or has abandoned an eminent domain
26proceeding initiated pursuant to the provisions of this

 

 

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1Section.
2    Any property needed for the South Suburban Airport may be
3acquired at any time by the Authority. The time of
4determination of the value of the property to be taken under
5this Section shall be the date of the actual taking, if the
6property is acquired by purchase, or the date of the filing of
7a complaint for condemnation, if the property is acquired
8through the exercise of eminent domain, rather than the date
9when the map of the proposed location was filed of record.
 
10    Section 6-20. Relocation. The Authority has the power to
11provide for the relocation of all persons and entities
12displaced by the development of the South Suburban Airport,
13including through provision of relocation assistance or the
14provision of replacement housing or other facilities. The
15Authority, prior to acquiring any land for the South Suburban
16Airport that directly results in the displacement of persons or
17entities, shall adopt a plan for providing for the relocation
18of the displaced persons and entities not less than the
19substantial equivalent of that required under federal law for
20airport projects with federal funding. The Authority shall,
21with respect to the development, acquisition, and construction
22of South Suburban Airport, comply with all applicable
23requirements of federal law and of Illinois law governing
24agencies of the State of Illinois with respect to relocation of
25displaced persons and entities from locations in the State of

 

 

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1Illinois.
 
2    Section 6-25. Contracts. The Authority has the power to
3enter into all contracts useful for carrying out its purposes
4and powers, including, without limitation, leases of any of its
5property or facilities, use agreements with airlines or other
6airport users relating to the South Suburban Airport,
7agreements with South Suburban Airport concessionaires, and
8franchise agreements for use of or access to South Suburban
9Airport facilities, all with such duration as the Board shall
10determine.
 
11    Section 6-30. Management agreement. The Authority may
12enter into agreements by which it may provide for various
13functions relating to management or operation of the South
14Suburban Airport to be performed on behalf of the Authority by
15any other person or entity.
 
16    Section 6-35. Land and water use controls.
17    (a) The Authority may adopt, administer, and enforce
18airport zoning regulations, in the manner provided for
19political subdivisions under the Airport Zoning Act, with
20respect to any airport hazard or airport hazard area (as
21described in that Act) for the South Suburban Airport. The
22Authority also may request that the Department, or any
23successor agency, develop hazard zoning regulations in

 

 

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1accordance with applicable law. The Authority also may adopt,
2administer, and enforce zoning regulations governing land and
3improvements within the Airport Boundaries of the South
4Suburban Airport for the purpose of ensuring safe and efficient
5airport operation, all in a manner consistent with the
6procedures and requirements for municipalities under the
7Illinois Municipal Code. To ensure that the land usage is
8compatible with current and future airport development, the
9Authority's zoning powers apply whether such land is in an
10unincorporated area or within the boundaries of a municipality
11or other unit of local government. To the extent the
12Authority's exercise of its zoning powers authorized by this
13Act is inconsistent with exercise of any other local unit of
14government's exercise of zoning powers or laws, the Authority's
15zoning authority controls. The Authority may also, with the
16consent of the federal and State resource agencies or any
17successor agencies as required by law, adopt, administer, and
18enforce rules and regulations on the use of waterways and
19floodplains within the Airport Boundaries of the South Suburban
20Airport as necessary for the development, construction,
21acquisition, and operation of the South Suburban Airport.
 
22    Section 6-40. Eminent Domain.
23    (a) The Authority may take and acquire possession by
24eminent domain of any property or interests in property that
25the Authority is authorized to acquire under this Act with

 

 

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1respect to the development of the South Suburban Airport or as
2needed as provided in Section 6-5 of this Act.
3    (b) The power of eminent domain shall be exercised by the
4Authority only as authorized by resolution of the Authority,
5and shall extend to all types of interests in property, both
6real and personal, (including, without limitation, easements
7for access or open space purposes and rights of concurrent
8usage of existing or planned facilities) and property held
9either for public or for private use, including
10(notwithstanding any other law to the contrary) property held
11by any governmental entity, including any property, rights, or
12easements owned by units of local government, school districts,
13or forest preserve districts. The powers given to the Authority
14under this Section include the power to acquire, by
15condemnation or otherwise, any property used for cemetery
16purposes within the South Suburban Airport boundaries, and to
17require that the cemetery be removed to a different location.
18The powers given to the Authority under this Section include
19the power to condemn or otherwise acquire (other than by
20condemnation by quick-take), and to convey, substitute
21property when the Authority reasonably determines that
22monetary compensation will not be sufficient or practical just
23compensation for property acquired by the Authority in
24connection with the development of the South Suburban Airport.
25The acquisition of substitute property is declared to be for
26public use. The Authority shall exercise the power of eminent

 

 

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1domain granted in this Section with respect to property located
2within the State of Illinois in the manner provided for the
3exercise of the right of eminent domain under the Eminent
4Domain Act.
5    (c) No South Suburban Airport property may be subject to
6taking by condemnation or otherwise by any unit of local
7government, any other airport authority, or by any agency,
8instrumentality or political subdivision of the State.
 
9    Section 6-45. Employment. No unlawful discrimination, as
10defined and prohibited in the Illinois Human Rights Act, shall
11be made in any term or aspect of employment with the Authority.
12    The Authority shall be subject to the Illinois Human Rights
13Act and the remedies and procedures established under that Act.
 
14    Section 6-50. Employee pensions. The Authority may
15establish and maintain systems of pensions and retirement
16benefits for such officers and employees of the Authority as
17may be designated or described by resolution of the Authority.
18Such pension systems shall be financed or funded by such means
19and in such manner as may be determined by the Board to be
20economically advantageous.
 
21    Section 6-55. Approvals. The Authority has the power to
22apply to the proper authorities of the United States, the State
23of Illinois, and other governmental entities, as permitted or

 

 

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1authorized by applicable law, to obtain any licenses,
2approvals, or permits reasonably necessary to achieve the
3purposes of this Act.
 
4    Section 6-60. Foreign trade zones. The Authority has the
5power to apply to the proper authorities of the United States
6pursuant to appropriate law for permission to establish,
7operate, maintain, and lease foreign trade zones and sub-zones
8within the area of the South Suburban Airport and to establish,
9operate, maintain, and lease such foreign trade zones and
10sub-zones.
 
11    Section 6-65. Police and other services. The Authority has
12the power to police its property within the site of the South
13Suburban Airport. The Authority has the power to exercise
14police powers in respect to that property and in respect to the
15enforcement of any rule or regulation of the Authority,
16including the regulation of vehicular traffic, and of the
17public health and welfare and the sale of alcoholic beverages,
18including the power to license activities and provide for fees
19for licenses, and to provide fire protection and emergency
20medical services at the South Suburban Airport. The Authority
21has the power, by resolution, to provide for the regulation of
22the construction and use of buildings and facilities located
23within the Airport Boundaries of the South Suburban Airport,
24including, without limitation, any building, fire, and other

 

 

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1safety regulation that it may determine to be needed for the
2protection of public safety and the efficient operation of the
3Airport. The Authority has the power to contract for, employ
4and establish, maintain and equip a security force for police,
5fire, and emergency medical services on property within the
6Airport Boundaries of the South Suburban Airport. The Authority
7also has the power to provide or contract for water, sewer,
8gas, electricity and other utilities for use in connection with
9development or operation of the Airport.
 
10    Section 6-70. Bonding authority. The Authority has the
11authority to issue bonds as provided in Article 7 of this Act.
 
12    Section 6-75. General powers.
13    (a) Except as otherwise limited by this Act, the Authority
14shall also have the powers necessary, convenient, or desirable
15to meet its responsibilities and to carry out its purposes and
16express powers, including, but not limited to, the following
17powers:
18        (1) To sue and be sued.
19        (2) To invest any funds or any moneys not required for
20    immediate use or disbursement in such manner as the
21    Authority in its discretion determines.
22        (3) To make, amend, and repeal by action of the Board
23    bylaws, rules and regulations, and resolutions consistent
24    with this Act.

 

 

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1        (4) To hold, sell by installment contract, lease as
2    lessor, transfer, or dispose of such real or personal
3    property as it deems appropriate in the exercise of its
4    powers; to provide for use of such property by any user of
5    the South Suburban Airport; and to permit the mortgage,
6    pledge, or other granting of security interests in any
7    leaseholds granted by the Authority.
8        (5) To enter at reasonable times upon such lands,
9    waters, or premises as in the judgment of the Authority may
10    be necessary, convenient, or desirable for the purpose of
11    making surveys, soundings, borings, and examinations to
12    accomplish any purpose authorized by this Act after having
13    given reasonable notice of such proposed entry to the
14    owners and occupants of such lands, waters, or premises,
15    the Authority being liable only for actual damage caused by
16    such activity.
17        (6) To require the removal or relocation of any
18    building, railroad, main, pipe, conduit, wire, pole,
19    structure, facility, and equipment on the site of the South
20    Suburban Airport, as may be needed to carry out the powers
21    of the Authority. The Authority shall compensate any owner
22    that is required to remove or relocate a building,
23    railroad, main, pipe, conduit, wire, pole, structure,
24    facility, or equipment as provided by law, without the
25    necessity to secure any approval from the Illinois Commerce
26    Commission for such removal, or for such relocation on the

 

 

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1    site of the airport.
2        (7) To make and execute all contracts and other
3    instruments necessary or convenient to the exercise of its
4    powers.
5        (8) To enter into collective bargaining agreements and
6    contracts of group insurance for the benefit of its
7    employees and to provide for retirement benefits or
8    pensions and other employee benefit arrangements for its
9    employees.
10        (9) To provide for the insurance of any property,
11    directors, officers, employees, or operations of the
12    Authority against any risk or hazard, to self-insure or
13    participate in joint self-insurance pools or entities to
14    insure against such risk or hazard, and to provide for the
15    indemnification of its directors, officers, employees,
16    contractors, or agents against any and all claims, losses,
17    and related costs.
18        (10) To pass all resolutions and make all rules and
19    regulations proper or necessary to regulate the use,
20    operation, and maintenance of its property and facilities
21    and, by resolution, to prescribe fines or penalties for
22    violations of such rules and regulations. Those rules and
23    regulations may include, without limitation, the
24    regulation of parking and vehicular traffic. Any
25    resolution providing for any fine or penalty shall be
26    published in pamphlet form or in a newspaper of general

 

 

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1    circulation in the region. No such resolution shall take
2    effect until 10 days after its publication.
3        (11) To enter into arbitration arrangements, which may
4    be final and binding.
5    (b) In each case in which this Act gives the Authority the
6power to acquire real or personal property, the Authority has
7the power to acquire such property by contract, purchase, gift,
8grant, exchange for other property or rights in property, lease
9(or sublease), or installment or conditional purchase
10contracts, including a settlement of an eminent domain
11proceeding, which leases or installment or conditional
12purchase contracts may provide for consideration to be paid in
13annual installments during a period not exceeding 40 years.
14Property may be acquired subject to any conditions,
15restrictions, liens, or security or other interests of other
16parties, and the Authority may acquire a joint leasehold,
17easement, license or other partial interest in such property.
18Any such acquisition may provide for the assumption of, or
19agreement to pay, perform, or discharge outstanding or
20continuing duties, obligations or liabilities of the seller,
21lessor, donor, or other transferor of, or of the trustee with
22regard to, such property. In connection with the acquisition of
23any easement or other property interest that is less than fee
24simple title, the Authority may indemnify and hold harmless the
25owners and occupants of such property or interests in property
26for any and all losses, claims, damages, liabilities, or

 

 

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1expenses arising out of use of such property or interests in
2property.
 
3    Section 6-80. Additional powers. The Authority has any
4additional powers necessary to implement and perform the powers
5and duties assigned the Authority under this Act. Such
6additional powers shall not extend to override or abrogate
7limitations imposed in this Act on the exercise of the
8Authority's power.
 
9    Section 6-85. Regulations. The Authority may adopt
10regulations governing its exercise of authority in this Act.
 
11
ARTICLE 7. FINANCE

 
12    Section 7-5. Supervision of finances. The Board shall
13control the finances of the Authority, including adopting
14budgets and capital plans, imposing fees and charges, engaging
15consultants and professional advisors, entering into contracts
16with airport users of the South Suburban Airport, conveying
17property, entering into contracts for the acquisition of
18property or for goods or services (except such contracts as may
19be entered into on behalf of the Authority pursuant to
20authorization as delegated by the Board), borrowing money,
21issuing bonds, and granting security interests in the
22Authority's revenues. The Board shall establish and may, from

 

 

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1time to time, modify the fiscal year of the Authority. The
2Board shall annually cause the finances of the Authority to be
3audited by a firm of certified public accountants experienced
4in auditing public airports.
 
5    Section 7-10. Federal funds. The Authority may take all
6steps consistent with applicable laws to maximize funding for
7the costs of the South Suburban Airport from grants by the
8Federal Aviation Administration or any successor agency.
 
9    Section 7-15. Budgets. The Board shall annually adopt a
10current expense budget for each fiscal year. The budget may be
11modified from time to time in the same manner and upon the same
12vote as it may be adopted. The budget shall include the
13Authority's available funds and estimated revenues and shall
14provide for payment of its obligations and estimated
15expenditures for the fiscal year, including, without
16limitation, expenditures for administration, operation,
17maintenance and repairs, debt service and deposits into reserve
18and other funds, and capital projects. The total of such
19obligations and estimated expenditures shall be balanced by the
20Authority's available funds and estimated revenue for each
21fiscal year.
 
22    Section 7-20. Annual report. For each fiscal year, the
23Authority shall prepare an annual report setting forth

 

 

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1information concerning its activities in the fiscal year and
2the status of the development of the South Suburban Airport.
3The annual report shall include the audited financial
4statements of the Authority for the fiscal year prepared in
5accordance with generally accepted accounting principles for
6airports, statistical information relating to traffic and
7usage of the Airport, the budget for the succeeding fiscal
8year, and the current capital plan as of the date of the
9report. Copies of the annual report shall be submitted not
10later than 120 days after the end of the Authority's fiscal
11year to each appointing official of directors of the Authority.
 
12    Section 7-25. Purchasing.
13    (a) The Authority shall adopt purchasing regulations.
14Those regulations shall provide that construction contracts
15and contracts for supplies, material, equipment, and services
16or acquisition by the Authority of property (other than real
17estate), involving in each case a cost of more than $25,000,
18shall be awarded to the lowest responsive and responsible
19bidder upon public notice and with public bidding. Each July 1,
20the $25,000 bid threshold shall be revised for inflation or
21deflation using the percentage change in the Consumer Price
22Index for all Urban Consumers as determined by the United
23States Department of Labor in the latest available month
24compared with the same value in the previous year, and rounded
25to the nearest $100.

 

 

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1    (b) The Board may adopt regulations to make exceptions to
2the requirement for public bidding in instances in which it
3determines bidding is not appropriate, including, without
4limitation, instances in which the property or service can be
5obtained only from a single source or for any professional
6services, or in which various alternative purchasing
7arrangements are preferable, including, without limitation,
8prequalification of bidders, negotiation with the lowest
9responsive and responsible bidder after opening of bids,
10utilization of other competitive selection procedures in which
11price is one of the selection criteria, participation in joint
12purchasing programs with other units of government, or
13procurement by negotiation or agreement with any airline.
14Except as set forth below, the Local Government Professional
15Services Selection Act shall apply to the Authority.
16    (c) Notwithstanding the foregoing, and as an exception
17thereto, the Authority may elect to competitively select a
18contractor or group of contractors to:
19        (1) allow turnkey design, construction and development
20    of any or all airport facilities on the basis of
21    competitive quality, performance, timing, price and other
22    relevant factors;
23        (2) operate the airport on the basis of competitive
24    quality, performance, price, and other relevant factors;
25    or
26        (3) provide a turnkey development of any or all airport

 

 

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1    facilities and operate the airport or any part thereof on
2    the basis of competitive quality, performance, timing,
3    price, and other relevant factors.
4    (d) To promote quality work, promote labor harmony and
5ensure timely completion of its projects, the Authority shall
6utilize project labor agreements to accomplish its airport
7improvement projects.
8    (e) All contracts entered into by or on behalf of the
9Authority for public works shall:
10        (1) Require the contractor and all subcontractors to
11    pay the general prevailing rate of wages, including hourly
12    wages and fringe benefits, established in accordance with
13    the Illinois Prevailing Wage Act; and
14        (2) Require the contractor and all subcontractors to
15    participate in apprenticeship and training programs
16    approved by and registered with the United States
17    Department of Labor's Bureau of Apprenticeship and
18    Training, or any successor entity, to the extent that such
19    programs are reasonably available within the contractor's
20    or subcontractor's employees' trade or trades.
21    (f) The provisions of subsections (d) and (e) shall not
22apply to federally funded projects if such application would
23jeopardize the receipt or use of federal funds in support of
24such a project.
25    (g) The Board shall encourage the use of State businesses
26by the Authority.
 

 

 

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1    Section 7-30. Revenues.
2    (a) The Authority may impose and levy a passenger facility
3charge or any other fee or charge permitted by the Federal
4Aviation Administration or United States government or any
5agency thereof at the South Suburban Airport. The Authority may
6amend any such applications or approved passenger facility
7charge program and enter into agreements with the Federal
8Aviation Administration or the United States government with
9respect to a passenger facility charge or other fee or charge
10permitted by the Federal Aviation Administration or the United
11States government. The Board may impose upon air carriers using
12the South Suburban Airport the obligation to collect any such
13charge or fee, to the extent permitted by federal laws or
14regulations.
15    (b) The Board may set fees and charges for the use of the
16South Suburban Airport or any facilities of the South Suburban
17Airport or any property owned or leased by the Authority,
18including flowage fees on aviation fuel, and may enter into
19contracts with users providing for the payment of amounts for
20the use of the South Suburban Airport or facilities of that
21airport.
22    (c) To the extent not specified in this Section, the
23Authority shall by resolution provide for details of and the
24method of collecting any fee or charge it imposes under this
25Section.

 

 

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1    (d) In addition to revenues generated by the Authority, the
2Authority may accept and spend such funds as are provided in
3government grants, by private developers or from other sources.
 
4    Section 7-35. Borrowing.
5    (a) The Authority has the continuing power to borrow money
6and to issue its negotiable bonds as provided in this Section.
7Bonds of the Authority may be issued for any purpose of the
8Authority, including, without limitation, to plan, develop,
9construct, acquire, improve, repair, or expand the South
10Suburban Airport, including facilities to be leased to or used
11by any individual or entity other than the Authority; to
12provide funds for operations of the South Suburban Airport; to
13pay, refund (at the time of or in advance of any maturity or
14redemption), or redeem any bonds or any revenue bonds or notes
15issued to finance property for the South Suburban Airport; to
16provide or increase a debt service reserve fund or other
17reserves with respect to any or all of its bonds; to pay
18interest on bonds; or to pay the legal, financial,
19administrative, bond insurance, credit enhancement, and other
20expenses of the authorization, issuance, sale, or delivery of
21bonds.
22    (b) All bonds issued under this Section shall have a claim
23for payment solely from one or more funds, revenues, or
24receipts of the Authority or property interests of any user of
25facilities financed by the Authority as provided in this Act

 

 

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1and from credit enhancement or other security for the bonds,
2including but not limited to guarantees, letters of credit, or
3other security or insurance, for the benefit of bond holders.
4Bonds may be issued in one or more series and may have a claim
5for payment and be secured either separately or on a parity
6with any other bonds. Bonds shall be secured as provided in the
7authorizing resolution, which may include, in addition to any
8other security, a specific pledge or assignment of or grant of
9a lien on or security interest in any or all funds and revenues
10of the Authority and a mortgage or security interest in the
11leasehold of a user of facilities financed by the bonds. Any
12such pledge, assignment, lien, or security interest on funds
13and revenues shall be valid and binding from the times the
14bonds are issued, without any necessity of physical delivery,
15filing, recording, or further act, and shall be valid and
16binding as against and prior to the claims of all other parties
17having claims of any kind against the Authority or any other
18person irrespective of whether such other parties have notice
19of the pledge assignment, lien, or security interest. The
20Authority may provide for the creation of, deposits in, and
21regulation and disposition of sinking fund or reserve accounts
22relating to the bonds. The Authority may make provision, as
23part of the contract with the owners of the bonds, for the
24creation of one or more separate funds to provide for the
25payment of principal and interest on the bonds and for the
26deposit in the funds from any one or more sources of revenues

 

 

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1of the Authority from whatever source which may by law be
2utilized for debt service purposes of amounts to meet the debt
3service requirements on the bonds, including principal and
4interest and any sinking fund or reserve fund requirements and
5all expenses incident to or in connection with the fund and
6accounts or the payment of bonds.
7    (c) Subject to the provisions of subsection (f) of this
8Section, the authorizing resolution shall set forth or provide
9for the terms of the bonds being authorized, including their
10maturity (which shall not exceed 40 years from their issuance),
11the provisions for interest on those bonds, the security for
12those bonds, their redemption provisions, and all covenants or
13agreements necessary or desirable with regard to the issuance,
14sale, and security of those bonds.
15    (d) The authorizing resolution may provide for appointment
16of a corporate trustee (which may be any trust company or bank
17having the powers of a trust company within or without the
18territory of the State of Illinois) with respect to any bonds
19being issued. The authorizing resolution shall prescribe the
20rights, duties, and powers of any trustee to be exercised for
21the benefit of the Authority and the protection of the owners
22of the bonds and may provide for terms of a trust indenture for
23the bonds. The authorizing resolution may provide for the
24trustee to hold in trust, invest, and use amounts in funds and
25accounts created as provided by the authorizing resolution.
26    (e) The bonds authorized by any resolution shall be:

 

 

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1        (1) payable as to principal and interest on such dates,
2    shall be in the denominations and forms, including book
3    entry form, and shall have the registration and privileges
4    as to exchange, transfer, or conversion and the replacement
5    of mutilated, lost, or destroyed bonds, as the resolution
6    or trust indenture may provide;
7        (2) payable in lawful money of the United States at a
8    designated place or places;
9        (3) subject to the terms of purchase, payment,
10    redemption, remarketing, refunding, or refinancing that
11    the resolution or trust indenture provides, including
12    redemption at a premium;
13        (4) executed by the manual, electronic or facsimile
14    signatures of the officers of the Authority designated by
15    the Board, which signatures shall be valid at delivery even
16    for one who has ceased to hold office; and
17        (5) sold, at public or private sale, in the manner and
18    upon the terms determined by the authorizing resolution.
19    (f) By its authorizing resolution for particular bonds, the
20Board may provide for specific terms of those bonds, including,
21without limitation, the purchase price and terms, interest rate
22or rates, redemption terms, and principal amounts maturing in
23each year, to be established by one or more directors or
24officers of the Authority, all within a specific range of
25discretion established by the authorizing resolution. No such
26delegation shall be made as to the choice of managing or

 

 

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1co-managing underwriters or other professional advisors for
2the Authority.
3    (g) The authorizing resolution or trust indenture may
4contain provisions that are a part of the contract with the
5owners of the bonds that relate to:
6        (1) limitations on the purposes to which, or the
7    investments in which, the proceeds of the sale of any issue
8    of bonds or the Authority's revenues may be applied or
9    made;
10        (2) limitations on the issuance of additional bonds,
11    the terms upon which additional bonds may be issued and
12    secured, and the terms upon which additional bonds may rank
13    on a parity with, or be subordinate or superior to other
14    bonds;
15        (3) the refunding, advance refunding, or refinancing
16    of outstanding bonds;
17        (4) the procedure, if any, by which the terms of any
18    contract with owners of bonds may be altered or amended,
19    the amount of bonds the owners of which must consent to an
20    amendment, and the manner in which consent must be given;
21        (5) the acts or omissions that constitute a default in
22    the duties of the Authority to owners of bonds and the
23    rights or remedies of owners in the event of a default,
24    which may include provisions restricting individual rights
25    of action by bond owners; and
26        (6) any other matter relating to the bonds which the

 

 

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1    Board determines appropriate.
2    (h) Any bonds of the Authority issued under this Section
3shall constitute a contract between the Authority and the
4owners from time to time of the bonds. The Authority may also
5covenant that it shall impose and continue to impose fees,
6charges, or taxes (as authorized by this Act and in addition as
7subsequently authorized by amendment to this Act) sufficient to
8pay the principal and interest and to meet other debt service
9requirements of the bonds as they become due.
10    (i) The State of Illinois pledges and agrees with the
11owners of the bonds that it will not limit or alter the rights
12and powers vested in the Authority by this Act so as to impair
13the terms of any contract made by the Authority with the owners
14or in any way impair the rights and remedies of the owners
15until the bonds, together with interest on them, and all costs
16and expenses in connection with any action or proceedings by or
17on behalf of the owners, are fully met and discharged. The
18Authority is authorized to include this pledge and agreement in
19any contract with the owners of bonds issued under this
20Section.
 
21    Section 7-40. Legal investments. All governmental
22entities, all public officers, banks, bankers, trust
23companies, savings banks and institutions, building and loan
24associations, savings and loan associations, investment
25companies and other persons carrying on a banking business,

 

 

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1insurance companies, insurance associations and other persons
2carrying on an insurance business, and all executors,
3administrators, guardians, trustees, and other fiduciaries may
4legally invest any sinking funds, moneys, or other funds
5belonging to them or within their control in any bonds issued
6under this Act. However, nothing in this Section shall be
7construed as relieving any person, firm, or corporation from
8any duty of exercising reasonable care in selecting securities
9for purchase or investment.
 
10    Section 7-45. Interest swaps. With respect to all or part
11of any issue of its bonds, the Authority may enter into
12agreements or contracts with any necessary or appropriate
13person that will have the benefit of providing to the Authority
14an interest rate basis, cash flow basis, or other basis
15different from that provided in the bonds for the payment of
16interest. Such agreements or contracts may include, without
17limitation, agreements or contracts commonly known as
18"interest rate swap agreements", "forward payment conversion
19agreements", "futures", "options", "puts", or "calls" and
20agreements or contracts providing for payments based on levels
21of or changes in interest rates, agreements or contracts to
22exchange cash flows or a series of payments, or to hedge
23payment, rate spread, or similar exposure.
 
24    Section 7-50. Obligations of other governmental entities.

 

 

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1No bonds or other obligations of the Authority shall be a debt
2or obligation of the State of Illinois or other governmental
3entity, or treated as indebtedness of the State of Illinois or
4other governmental entity, or require the levy, imposition, or
5application of any tax by the State of Illinois or other
6governmental entity. Amounts appropriated or provided to be
7appropriated at any time to the Authority from the State of
8Illinois may not be directly or indirectly pledged or assigned
9or be subject to a lien or security interest or otherwise
10promised to be used to pay debt service on any bonds.
 
11    Section 7-55. Hiring and contracting practices.
12    (a) The Authority may adopt an affirmative action program
13as authorized, permitted, or required by law.
14    (b) The Authority may adopt a program for contracting with
15minority and female owned businesses as authorized, permitted,
16or required by law.
 
17
ARTICLE 8. ACQUISITION AND TRANSFER OF STATE AIRPORT PROPERTY
18
AND PAYMENT FOR SUCH PROPERTY

 
19    Section 8-5. Completion of property acquisition for the
20inaugural site. The Department shall continue to acquire the
21property lying partially or wholly within the inaugural airport
22boundary. The inaugural boundary is depicted in Figure R-3 in
23the Federal Aviation Administration's Record of Decision for

 

 

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1Tier 1: FAA Site Approval And Land Acquisition By The State Of
2Illinois, Proposed South Suburban Airport, Will County,
3Illinois, dated July 2002. The inaugural airport boundary shall
4be modified to reflect the inaugural airport boundaries in an
5airport layout plan approved by the Federal Aviation
6Administration or any other successor agency and as reflected
7later in any approved airport layout plan. The Department shall
8acquire such property as quickly as possible, including use of
9the Department's condemnation powers where it appears
10reasonably likely that the Department will not be able to
11acquire such property voluntarily. The Department shall
12exercise all best efforts to ensure that the property is
13purchased at fair market value. Upon the creation of the
14Authority, the Authority shall enter into an agreement with the
15Department setting forth the terms under which the Department
16shall complete all ongoing land acquisition.
 
17    Section 8-10. Transfer of property to the Authority. All
18property acquired by the Department for airport purposes either
19prior to or after the effective date of this Act that is wholly
20or partially within the inaugural airport site shall be
21transferred to the South Suburban Airport Authority promptly
22via an intergovernmental agreement with the Department.
 
23    Section 8-15. Payment for transferred property. The
24Authority shall pay the Department for the value of property

 

 

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1lying wholly or partially within the inaugural site that is
2transferred to the South Suburban Airport Authority. The value
3of the property shall be the price paid by the Department or
4fair market value, whichever is less. The payments shall be
5made out of the proceeds of the first issuance of general
6airport revenue or other bonds sold to fund construction of the
7South Suburban Airport. In the event no such bonds are sold
8within 10 years of the effective date of this Act, title to
9property lying wholly or partially within the inaugural site
10that previously was transferred to the South Suburban Airport
11Authority shall revert to the Department.
 
12    Section 8-20. Option to purchase property outside the
13inaugural site but within the ultimate airport site. Upon the
14written request of the South Suburban Airport Authority, within
1510 years from the effective date of this Act, the Department
16shall transfer to the South Suburban Airport Authority any
17parcel of property acquired by the Department of Transportation
18for airport purposes and lying outside the inaugural airport
19site but within the South Suburban Airport boundaries. The
20South Suburban Airport Authority shall pay the Department for
21the value of property, which value shall be the price paid for
22the property by the Department, or fair market value, whichever
23is less. For the period of 10 years from the effective date of
24this Act, the State of Illinois shall not transfer such
25property to any other person or entity without first obtaining

 

 

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1the written approval of the South Suburban Airport Authority.
 
2
ARTICLE 9. INTERGOVERNMENTAL RELATIONS AND LIMITATIONS

 
3    Section 9-5. Intergovernmental cooperation. The Authority
4may enter into agreements with the United States, the State of
5Illinois, Will County, or any governmental entity, by which
6powers of the Authority and the other parties may be jointly
7exercised or pursuant to which the parties otherwise may enjoy
8the benefits of intergovernmental cooperation.
 
9    Section 9-10. Tax exemption. The Authority and all of its
10operations and property used for public purposes shall be
11exempt from all taxation of any kind imposed by any
12governmental entity. This exemption shall not apply to
13property, including leasehold interests, or operations of any
14person or entity other than the Authority. Interest on bonds
15shall not be exempt from tax under the Illinois Income Tax Act.
 
16    Section 9-15. Application of laws. The Public Funds
17Statement Publication Act shall not apply to the Authority.
 
18    Section 9-20. Exclusive powers. The Authority is the only
19governmental entity that is authorized to develop, construct,
20own and operate the South Suburban Airport. Notwithstanding any
21other law, no other unit of local government, including but not

 

 

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1limited to municipalities, airport authorities or joint
2airport commissions, may develop, construct, own or operate an
3airport on the site identified in this Act as the South
4Suburban Airport.
 
5
ARTICLE 10. PROCEDURES AND LIMITATIONS

 
6    Section 10-5. Hearings and citizen participation.
7    (a) The Authority shall provide for and encourage
8participation by the public in the development and review of
9major decisions concerning the development and operation of the
10South Suburban Airport.
11    (b) The Authority shall hold such public hearings as may be
12required by this Act or other law or as it may deem appropriate
13to the performance of any of its functions.
14    (c) The Authority shall hold a public hearing prior to the
15imposition of any zoning regulation.
16    (d) At least 10 days' notice shall be given of each hearing
17under this Article in a newspaper of general circulation in the
18region. The Authority may designate one or more directors or
19hearing officers to preside over any hearing under this
20Section.
 
21    Section 10-10. Limitation on actions. The Local
22Governmental and Governmental Employees Tort Immunity Act
23shall apply to the Authority and all its directors, officers,

 

 

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1and employees.
 
2
ARTICLE 11. AMENDATORY PROVISIONS

 
3    Section 11-5. The Archaeological and Paleontological
4Resources Protection Act is amended by adding Section 1.75 as
5follows:
 
6    (20 ILCS 3435/1.75 new)
7    Sec. 1.75. South Suburban Airport. Nothing in this Act
8limits the authority of the South Suburban Airport Authority to
9exercise its powers under the South Suburban Airport Authority
10Act or requires that Authority, or any person acting on its
11behalf, to obtain a permit under this Act when acquiring
12property or otherwise exercising its powers under the South
13Suburban Airport Authority Act.
 
14    Section 11-10. The Human Skeletal Remains Protection Act is
15amended by adding Section 4.75 as follows:
 
16    (20 ILCS 3440/4.75 new)
17    Sec. 4.75. South Suburban Airport. Nothing in this Act
18limits the authority of the South Suburban Airport Authority to
19exercise its powers under the South Suburban Airport Authority
20Act or requires that Authority, or any person acting on its
21behalf, to obtain a permit under this Act when acquiring

 

 

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1property or otherwise exercising its powers under the South
2Suburban Airport Authority Act.
 
3    Section 11-15. The Foreign Trade Zones Act is amended by
4changing Section 1 as follows:
 
5    (50 ILCS 40/1)  (from Ch. 24, par. 1361)
6    Sec. 1. Establishing foreign trade zones.
7    (A) Each of the following units of local government and
8public or private corporations shall have the power to apply to
9proper authorities of the United States of America pursuant to
10appropriate law for the right to establish, operate, maintain
11and lease foreign trade zones and sub-zones within its
12corporate limits or within limits established pursuant to
13agreement with proper authorities of the United States of
14America, as the case may be, and to establish, operate,
15maintain and lease such foreign trade zones and sub-zones:
16        (a) The City of East St. Louis.
17        (b) The Bi-State Authority, Lawrenceville - Vincennes
18    Airport.
19        (c) The Waukegan Port district.
20        (d) The Illinois Valley Regional Port District.
21        (e) The Economic Development Council, Inc. located in
22    the area of the United States Customs Port of Entry for
23    Peoria, pursuant to authorization granted by the county
24    boards in the geographic area served by the proposed

 

 

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1    foreign trade zone.
2        (f) The Greater Rockford Airport Authority.
3        (g) The South Suburban Airport Authority.
4        (h) The Illinois International Port District.
5    (B) (g) After the effective date of this amendatory Act of
61984, any county, city, village or town within the State or a
7public or private corporation authorized or licensed to do
8business in the State or any combination thereof may apply to
9the Foreign Trade Zones Board, United States Department of
10Commerce, for the right to establish, operate and maintain a
11foreign trade zone and sub-zones. For the purposes of this
12Section, such foreign trade zone or sub-zones may be
13incorporated outside the corporate boundaries or be made up of
14areas from adjoining counties or states.
15    (C) (h) No foreign trade zone may be established within 50
16miles of an existing zone situated in a county with 3,000,000
17or more inhabitants or within 35 miles of an existing zone
18situated in a county with less than 3,000,000 inhabitants, such
19zones having been created pursuant to this Act without the
20permission of the authorities which established the existing
21zone.
22(Source: P.A. 85-471.)
 
23    Section 11-20. The Governmental Account Audit Act is
24amended by changing Section 1 as follows:
 

 

 

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1    (50 ILCS 310/1)  (from Ch. 85, par. 701)
2    Sec. 1. Definitions. As used in this Act, unless the
3context otherwise indicates:
4    "Governmental unit" or "unit" includes all municipal
5corporations in and political subdivisions of this State that
6appropriate more than $5,000 for a fiscal year, with the amount
7to increase or decrease by the amount of the Consumer Price
8Index (CPI) as reported on January 1 of each year, except the
9following:
10        (1) School districts.
11        (2) Cities, villages, and incorporated towns subject
12    to the Municipal Auditing Law, as contained in the Illinois
13    Municipal Code, and cities that file a report with the
14    Comptroller under Section 3.1-35-115 of the Illinois
15    Municipal Code.
16        (3) Counties with a population of 1,000,000 or more.
17        (4) Counties subject to the County Auditing Law.
18        (5) Any other municipal corporations in or political
19    subdivisions of this State, the accounts of which are
20    required by law to be audited by or under the direction of
21    the Auditor General.
22        (6) (Blank).
23        (7) A drainage district, established under the
24    Illinois Drainage Code (70 ILCS 605), that did not receive
25    or expend any moneys during the immediately preceding
26    fiscal year or obtains approval for assessments and

 

 

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1    expenditures through the circuit court.
2        (8) Public housing authorities that submit financial
3    reports to the U.S. Department of Housing and Urban
4    Development.
5        (9) The South Suburban Airport Authority created under
6    the South Suburban Airport Authority Act.
7    "Governing body" means the board or other body or officers
8having authority to levy taxes, make appropriations, authorize
9the expenditure of public funds or approve claims for any
10governmental unit.
11    "Comptroller" means the Comptroller of the State of
12Illinois.
13    "Consumer Price Index" means the Consumer Price Index for
14All Urban Consumers for all items published by the United
15States Department of Labor.
16    "Licensed public accountant" means the holder of a valid
17certificate as a public accountant under the Illinois Public
18Accounting Act.
19    "Audit report" means the written report of the licensed
20public accountant and all appended statements and schedules
21relating to that report, presenting or recording the findings
22of an examination or audit of the financial transactions,
23affairs, or conditions of a governmental unit.
24    "Report" includes both audit reports and reports filed
25instead of an audit report by a governmental unit receiving
26revenue of less than $850,000 during any fiscal year to which

 

 

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1the reports relate.
2(Source: P.A. 92-191, eff. 8-1-01; 92-582, eff. 7-1-02.)
 
3    Section 11-25. The Illinois Municipal Code is amended by
4changing Section 11-51-1 as follows:
 
5    (65 ILCS 5/11-51-1)  (from Ch. 24, par. 11-51-1)
6    Sec. 11-51-1. Cemetery removal. Whenever any cemetery is
7embraced within the limits of any city, village, or
8incorporated town, the corporate authorities thereof, if, in
9their opinion, any good cause exists why such cemetery should
10be removed, may cause the remains of all persons interred
11therein to be removed to some other suitable place. However,
12the corporate authorities shall first obtain the assent of the
13trustees or other persons having the control or ownership of
14such cemetery, or a majority thereof. When such cemetery is
15owned by one or more private parties, or private corporation or
16chartered society, the corporate authorities of such city may
17require the removal of such cemetery to be done at the expense
18of such private parties, or private corporation or chartered
19society, if such removal be based upon their application.
20Nothing in this Section limits the powers of the City of
21Chicago to acquire property or otherwise exercise its powers
22under Section 15 of the O'Hare Modernization Act. Nothing in
23this Section limits the power of the South Suburban Airport
24Authority to acquire property or otherwise exercise its powers

 

 

09700SB2651sam001- 55 -LRB097 16178 JWD 68776 a

1under the South Suburban Airport Authority Act.
2(Source: P.A. 93-450, eff. 8-6-03.)
 
3    Section 11-30. The Downstate Forest Preserve District Act
4is amended by changing Section 5e as follows:
 
5    (70 ILCS 805/5e)  (from Ch. 96 1/2, par. 6308e)
6    Sec. 5e. Property owned by a forest preserve district and
7property in which a forest preserve district is the grantee of
8a conservation easement or the grantee of a conservation right
9as defined in Section 1(a) of the Real Property Conservation
10Rights Act shall not be subject to eminent domain or
11condemnation proceedings, except as otherwise provided in
12Section 15 of the O'Hare Modernization Act and Section 6-40 of
13the South Suburban Airport Authority Act.
14(Source: P.A. 95-111, eff. 8-13-07.)
 
15    Section 11-35. The Vital Records Act is amended by changing
16Section 21 as follows:
 
17    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
18    Sec. 21. (1) The funeral director or person acting as such
19who first assumes custody of a dead body or fetus shall make a
20written report to the registrar of the district in which death
21occurred or in which the body or fetus was found within 24
22hours after taking custody of the body or fetus on a form

 

 

09700SB2651sam001- 56 -LRB097 16178 JWD 68776 a

1prescribed and furnished by the State Registrar and in
2accordance with the rules promulgated by the State Registrar.
3Except as specified in paragraph (2) of this Section, the
4written report shall serve as a permit to transport, bury or
5entomb the body or fetus within this State, provided that the
6funeral director or person acting as such shall certify that
7the physician in charge of the patient's care for the illness
8or condition which resulted in death has been contacted and has
9affirmatively stated that he will sign the medical certificate
10of death or the fetal death certificate. If a funeral director
11fails to file written reports under this Section in a timely
12manner, the local registrar may suspend the funeral director's
13privilege of filing written reports by mail. In a county with a
14population greater than 3,000,000, if a funeral director or
15person acting as such inters or entombs a dead body without
16having previously certified that the physician in charge of the
17patient's care for the illness or condition that resulted in
18death has been contacted and has affirmatively stated that he
19or she will sign the medical certificate of death, then that
20funeral director or person acting as such is responsible for
21payment of the specific costs incurred by the county medical
22examiner in disinterring and reinterring or reentombing the
23dead body.
24    (2) The written report as specified in paragraph (1) of
25this Section shall not serve as a permit to:
26        (a) Remove body or fetus from this State;

 

 

09700SB2651sam001- 57 -LRB097 16178 JWD 68776 a

1        (b) Cremate the body or fetus; or
2        (c) Make disposal of any body or fetus in any manner
3    when death is subject to the coroner's or medical
4    examiner's investigation.
5    (3) In accordance with the provisions of paragraph (2) of
6this Section the funeral director or person acting as such who
7first assumes custody of a dead body or fetus shall obtain a
8permit for disposition of such dead human body prior to final
9disposition or removal from the State of the body or fetus.
10Such permit shall be issued by the registrar of the district
11where death occurred or the body or fetus was found. No such
12permit shall be issued until a properly completed certificate
13of death has been filed with the registrar. The registrar shall
14insure the issuance of a permit for disposition within an
15expedited period of time to accommodate Sunday or holiday
16burials of decedents whose time of death and religious tenets
17or beliefs necessitate Sunday or holiday burials.
18    (4) A permit which accompanies a dead body or fetus brought
19into this State shall be authority for final disposition of the
20body or fetus in this State, except in municipalities where
21local ordinance requires the issuance of a local permit prior
22to disposition.
23    (5) A permit for disposition of a dead human body shall be
24required prior to disinterment of a dead body or fetus, and
25when the disinterred body is to be shipped by a common carrier.
26Such permit shall be issued to a licensed funeral director or

 

 

09700SB2651sam001- 58 -LRB097 16178 JWD 68776 a

1person acting as such, upon proper application, by the local
2registrar of the district in which disinterment is to be made.
3In the case of disinterment, proper application shall include a
4statement providing the name and address of any surviving
5spouse of the deceased, or, if none, any surviving children of
6the deceased, or if no surviving spouse or children, a parent,
7brother, or sister of the deceased. The application shall
8indicate whether the applicant is one of these parties and, if
9so, whether the applicant is a surviving spouse or a surviving
10child. Prior to the issuance of a permit for disinterment, the
11local registrar shall, by certified mail, notify the surviving
12spouse, unless he or she is the applicant, or if there is no
13surviving spouse, all surviving children except for the
14applicant, of the application for the permit. The person or
15persons notified shall have 30 days from the mailing of the
16notice to object by obtaining an injunction enjoining the
17issuance of the permit. After the 30-day period has expired,
18the local registrar shall issue the permit unless he or she has
19been enjoined from doing so or there are other statutory
20grounds for refusal. The notice to the spouse or surviving
21children shall inform the person or persons being notified of
22the right to seek an injunction within 30 days. Notwithstanding
23any other provision of this subsection (5), a court may order
24issuance of a permit for disinterment without notice or prior
25to the expiration of the 30-day period where the petition is
26made by an agency of any governmental unit and good cause is

 

 

09700SB2651sam001- 59 -LRB097 16178 JWD 68776 a

1shown for disinterment without notice or for the early order.
2Nothing in this subsection (5) limits the authority of the City
3of Chicago to acquire property or otherwise exercise its powers
4under the O'Hare Modernization Act or requires that City, or
5any person acting on behalf of that City, to obtain a permit
6under this subsection (5) when exercising powers under the
7O'Hare Modernization Act. Nothing in this subsection (5) limits
8the authority of South Suburban Airport Authority to acquire
9property or otherwise exercise its powers under the South
10Suburban Airport Authority Act or requires that Authority, or
11any person acting on its behalf, to obtain a permit under this
12subsection (5) when exercising powers under the South Suburban
13Airport Authority Act.
14(Source: P.A. 93-450, eff. 8-6-03.)
 
15    Section 11-40. The Eminent Domain Act is amended by
16changing Section 10-5-10 and by adding Section 15-5-47 as
17follows:
 
18    (735 ILCS 30/10-5-10)  (was 735 ILCS 5/7-102)
19    Sec. 10-5-10. Parties.
20    (a) When the right (i) to take private property for public
21use, without the owner's consent, (ii) to construct or maintain
22any public road, railroad, plankroad, turnpike road, canal, or
23other public work or improvement, or (iii) to damage property
24not actually taken has been or is conferred by general law or

 

 

09700SB2651sam001- 60 -LRB097 16178 JWD 68776 a

1special charter upon any corporate or municipal authority,
2public body, officer or agent, person, commissioner, or
3corporation and when (i) the compensation to be paid for or in
4respect of the property sought to be appropriated or damaged
5for the purposes mentioned cannot be agreed upon by the parties
6interested, (ii) the owner of the property is incapable of
7consenting, (iii) the owner's name or residence is unknown, or
8(iv) the owner is a nonresident of the State, then the party
9authorized to take or damage the property so required, or to
10construct, operate, and maintain any public road, railroad,
11plankroad, turnpike road, canal, or other public work or
12improvement, may apply to the circuit court of the county where
13the property or any part of the property is situated, by filing
14with the clerk a complaint. The complaint shall set forth, by
15reference, (i) the complainant's authority in the premises,
16(ii) the purpose for which the property is sought to be taken
17or damaged, (iii) a description of the property, and (iv) the
18names of all persons interested in the property as owners or
19otherwise, as appearing of record, if known, or if not known
20stating that fact; and shall pray the court to cause the
21compensation to be paid to the owner to be assessed.
22    (b) If it appears that any person not in being, upon coming
23into being, is, or may become or may claim to be, entitled to
24any interest in the property sought to be appropriated or
25damaged, the court shall appoint some competent and
26disinterested person as guardian ad litem to appear for and

 

 

09700SB2651sam001- 61 -LRB097 16178 JWD 68776 a

1represent that interest in the proceeding and to defend the
2proceeding on behalf of the person not in being. Any judgment
3entered in the proceeding shall be as effectual for all
4purposes as though the person was in being and was a party to
5the proceeding.
6    (c) If the proceeding seeks to affect the property of
7persons under guardianship, the guardians shall be made parties
8defendant.
9    (d) Any interested persons whose names are unknown may be
10made parties defendant by the same descriptions and in the same
11manner as provided in other civil cases.
12    (e) When the property to be taken or damaged is a common
13element of property subject to a declaration of condominium
14ownership, pursuant to the Condominium Property Act, or of a
15common interest community, the complaint shall name the unit
16owners' association in lieu of naming the individual unit
17owners and lienholders on individual units. Unit owners,
18mortgagees, and other lienholders may intervene as parties
19defendant. For the purposes of this Section, "common interest
20community" has the same meaning as set forth in subsection (c)
21of Section 9-102 of the Code of Civil Procedure. "Unit owners'
22association" or "association" shall refer to both the
23definition contained in Section 2 of the Condominium Property
24Act and subsection (c) of Section 9-102 of the Code of Civil
25Procedure.
26    (f) When the property is sought to be taken or damaged by

 

 

09700SB2651sam001- 62 -LRB097 16178 JWD 68776 a

1the State for the purposes of establishing, operating, or
2maintaining any State house or State charitable or other
3institutions or improvements, the complaint shall be signed by
4the Governor, or the Governor's designee, or as otherwise
5provided by law.
6    (g) No property, (except property described in Section 3 of
7the Sports Stadium Act, property to be acquired in furtherance
8of actions under Article 11, Divisions 124, 126, 128, 130, 135,
9136, and 139, of the Illinois Municipal Code, property to be
10acquired in furtherance of actions under Section 3.1 of the
11Intergovernmental Cooperation Act, property to be acquired
12that is a water system or waterworks pursuant to the home rule
13powers of a unit of local government, and property described as
14Site B in Section 2 of the Metropolitan Pier and Exposition
15Authority Act, and property that may be taken as provided in
16the South Suburban Airport Authority Act) belonging to a
17railroad or other public utility subject to the jurisdiction of
18the Illinois Commerce Commission may be taken or damaged,
19pursuant to the provisions of this Act, without the prior
20approval of the Illinois Commerce Commission.
21(Source: P.A. 94-1055, eff. 1-1-07; incorporates P.A. 94-1007,
22eff. 1-1-07; 95-331, eff. 8-21-07.)
 
23    (735 ILCS 30/15-5-47 new)
24    Sec. 15-5-47. Eminent domain powers in new Acts. The
25following provisions of law may include express grants or the

 

 

09700SB2651sam001- 63 -LRB097 16178 JWD 68776 a

1power to acquire property by condemnation or eminent domain.
2    South Suburban Airport Authority Act; South Suburban
3Airport Authority; for general purposes.
 
4    Section 11-45. The Religious Freedom Restoration Act is
5amended by changing Section 30 as follows:
 
6    (775 ILCS 35/30)
7    Sec. 30. O'Hare Modernization and South Suburban Airport.
8Nothing in this Act limits the authority of the City of Chicago
9to exercise its powers under the O'Hare Modernization Act, or
10the South Suburban Airport Authority to exercise its powers
11under the South Suburban Airport Authority Act, for the
12purposes of relocation of cemeteries or the graves located
13therein.
14(Source: P.A. 93-450, eff. 8-6-03.)
 
15
ARTICLE 12. SEVERABILITY

 
16    Section 12-5. Severability; construction. The provisions
17of this Act are severable under Section 1.31 of the Statute of
18Statutes. The provisions of this Act shall be reasonably and
19liberally construed to achieve the purposes for the
20establishment of the Authority.
 
21
ARTICLE 13. STATE MANDATES ACT

 

 

 

09700SB2651sam001- 64 -LRB097 16178 JWD 68776 a

1    Section 13-5. The State Mandates Act is amended by adding
2Section 8.36 as follows:
 
3    (30 ILCS 805/8.36 new)
4    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 97th General Assembly.
 
8
ARTICLE 99. EFFECTIVE DATE

 
9    Section 99-99. Effective date. This Act takes effect
10January 1, 2013.".