Full Text of HB3718 96th General Assembly
HB3718sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/22/2009
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LRB096 08458 AJT 27322 a |
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| AMENDMENT TO HOUSE BILL 3718
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| AMENDMENT NO. ______. Amend House Bill 3718 on page 15, by | 3 |
| inserting below line 2 the following:
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| "Section 10. The O'Hare Modernization Act is amended by | 5 |
| changing Sections 15 and 21 and by adding Section 17 as | 6 |
| follows:
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| (620 ILCS 65/15)
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| Sec. 15. Acquisition of property. In addition to any other | 9 |
| powers the
City
may have, and notwithstanding any other law to | 10 |
| the contrary, the City may
acquire by
gift, grant, lease, | 11 |
| purchase, condemnation (including condemnation by quick
take | 12 |
| under
Article 20 of the Eminent Domain Act), or otherwise any | 13 |
| right,
title,
or
interest in
any private property, property | 14 |
| held in the name of or belonging to any public
body or unit
of | 15 |
| government, or any property devoted to a public use, or any | 16 |
| other rights or
easements,
including any property, rights, or |
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| easements owned by the State, units of local
government, or | 2 |
| school districts, including forest preserve districts, for
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| purposes related
to the O'Hare
Modernization Program. The City | 4 |
| shall immediately acquire all parcels of property, including | 5 |
| public rights of way, within the area bounded on the north and | 6 |
| east by the DuPage-Cook county line, on the south by the Metra | 7 |
| Milwaukee District right-of-way, and on the west by the eastern | 8 |
| boundary of York Road. All such parcels are declared to be | 9 |
| necessary for the timely, safe, and efficient completion and | 10 |
| use of runway 10C/28C and related taxiways and airport | 11 |
| facilities, and all such parcels are also declared to be | 12 |
| necessary for the timely, safe, and efficient completion and | 13 |
| use of runway 1OR/28L. The powers given to the City under this | 14 |
| Section include
the
power to acquire, by condemnation or | 15 |
| otherwise, any property used for cemetery
purposes within or | 16 |
| outside of the City, and to require that the cemetery be
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| removed to a
different location. The powers given to the City | 18 |
| under this Section include the
power to
condemn or otherwise | 19 |
| acquire (other than by condemnation by quick take under
Article | 20 |
| 20 of the Eminent Domain Act), and to convey, substitute
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| property when the City
reasonably determines that monetary | 22 |
| compensation will not be sufficient or
practical just
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| compensation for property acquired by the City in connection | 24 |
| with the
O'Hare
Modernization Program. The acquisition of | 25 |
| substitute property is declared to be
for
public use. Property | 26 |
| acquired under this Section includes property that the
City
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| reasonably determines will be necessary for future use, | 2 |
| regardless of whether
final
regulatory or funding decisions | 3 |
| have been made; provided, however, that
quick-take of such | 4 |
| property is subject to Section 25-7-103.149 of the Eminent | 5 |
| Domain Act.
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| (Source: P.A. 93-450, eff. 8-6-03; 94-1055, eff. 1-1-07.)
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| (620 ILCS 65/17 new)
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| Sec. 17. Activities implementing an approved airport | 9 |
| layout plan. | 10 |
| (a) As used in this Section: | 11 |
| (1) "Approved airport layout plan" means the airport | 12 |
| layout plan for Chicago-O'Hare International Airport | 13 |
| approved by the Federal Aviation Administration, as | 14 |
| amended from time to time. | 15 |
| (2) "Activities implementing an approved airport | 16 |
| layout plan" means all normal activities associated with | 17 |
| site preparation, construction, and implementation of an | 18 |
| approved airport layout plan, including without | 19 |
| limitation: acquisition, clearing, and preparation of | 20 |
| land; removal and demolition of structures; removal and | 21 |
| demolition of personal property located within or upon or | 22 |
| under such land; excavation; construction, testing, and | 23 |
| use of the facilities shown on the airport layout plan; and | 24 |
| handling and transport of materials and debris. | 25 |
| (b) All activities implementing the approved airport |
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| layout plan are declared to be in the public interest and do | 2 |
| not constitute a public or private nuisance. No person may | 3 |
| bring or continue a civil suit based on a claim of actual or | 4 |
| potential nuisance with respect to any such activities seeking | 5 |
| to enjoin, delay, or otherwise stay any such activities. No | 6 |
| court in this State may enjoin or otherwise order delay of any | 7 |
| activities implementing an approved airport layout plan. | 8 |
| (c) The sole remedy for any injuries to persons or property | 9 |
| claimed to arise out of activities implementing the approved | 10 |
| airport layout plan shall be damages. | 11 |
| (d) Nothing in this section limits or otherwise affects the | 12 |
| powers of the Illinois Environmental Protection Agency under | 13 |
| the Illinois Environmental Protection Act or the powers of the | 14 |
| Illinois Department of Transportation under the Illinois | 15 |
| Aeronautics Act or the O'Hare Modernization Act with respect to | 16 |
| activities implementing an approved airport layout plan.
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| (620 ILCS 65/21)
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| Sec. 21. Reimbursement for tax base losses.
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| (a) Whenever the City acquires parcels of property
within | 20 |
| any school district or community college district
for the | 21 |
| O'Hare
Modernization Program, the City shall, for the following | 22 |
| taxable year and for
each of the 5 taxable years thereafter, | 23 |
| pay to that district the amount of the
total property tax | 24 |
| liability of the acquired parcels to the district for the
2002
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| taxable year, increased or decreased each year by the |
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| percentage change of the
district's total tax extension for the | 2 |
| current taxable year from the total tax
extension for the
prior | 3 |
| taxable year; provided that no annual increase shall exceed the | 4 |
| lesser of
5% or the annual increase in
the Consumer Price | 5 |
| Index. Funds payable by the City under this Section shall be
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| paid
exclusively from non-tax revenues generated at airports | 7 |
| owned by the City, and
shall not
exceed the amount of those | 8 |
| funds that can be paid for that purpose under 49
U.S.C. | 9 |
| 47107(l)(2). Funds payable by the City under this Section shall | 10 |
| be used for school purposes within the school district or | 11 |
| community college district receiving the payment.
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| (b) Notwithstanding any other provision of this Section: | 13 |
| (i) no funds shall
be payable by the City under this Section | 14 |
| with respect to any taxable year
succeeding the 2009 taxable | 15 |
| year; (ii) in no event shall such funds be payable
on or after | 16 |
| January 1, 2011 2010 ; (iii) in no event shall the total funds | 17 |
| paid
by the City pursuant to this Section to all districts for | 18 |
| all taxable years
exceed $20,000,000; and
(iv) any amounts | 19 |
| payable to a district by the City with
respect to any
parcel of | 20 |
| property for any taxable year shall be reduced by the amount of | 21 |
| taxes
actually paid to the district for that taxable year with | 22 |
| respect to that parcel
or any leasehold interest therein.
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| (c) Whenever the City acquires property that is subject to | 24 |
| this Section, the
City shall notify the assessor of the county | 25 |
| in which the property is located.
The assessor or the clerk of | 26 |
| that county shall, on an annual basis, notify the
affected |
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| school district or community college district of all property | 2 |
| that has
been identified as being subject to this
Section, and | 3 |
| shall provide the district and the City with such information | 4 |
| as
may be required in determining the amounts payable by the | 5 |
| City under this
Section. The City shall make payments as | 6 |
| required by this Section no later than
90 days after that | 7 |
| information is received and verified by the City.
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| (d) As used in this Section, "Consumer Price Index" means | 9 |
| the Consumer Price
Index for All Urban Consumers for all items | 10 |
| published by the United States
Department of Labor.
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| (Source: P.A. 93-450, eff. 8-6-03.)".
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