Full Text of SB2651 97th General Assembly
SB2651sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything 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 | 6 | | South Suburban Airport Authority Act. | 7 | | Section 1-5. Definitions. As used in this Act: | 8 | | "Airport" means a facility for passenger, cargo, or | 9 | | military air service, including, without limitation, landing | 10 | | fields, taxiways, aprons, runways, runway clear areas, | 11 | | hangars, aircraft service facilities, approaches, navigational | 12 | | aids, terminals, inspection facilities, parking, internal | 13 | | transit facilities, fueling facilities, cargo handling | 14 | | facilities, concessions, rapid transit and roadway access, | 15 | | land and interests in land, public waters, submerged land under |
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| 1 | | public waters and reclaimed land located on previously | 2 | | submerged land under public waters, and all other property and | 3 | | appurtenances necessary or useful for development, ownership | 4 | | and operation of any such facilities, all located on the site | 5 | | of the airport. It further includes commercial or industrial | 6 | | facilities located on the site of the airport and related to | 7 | | the functioning of the airport or to providing services to | 8 | | users of the airport. | 9 | | "Airport Boundaries" means the limits of the approved | 10 | | airport property for the current South Suburban Airport as | 11 | | shown on an airport layout plan approved by the Federal | 12 | | Aviation Administration, or any successor agency. | 13 | | "Authority" means the South Suburban Airport Authority | 14 | | created by this Act. | 15 | | "Board" means the Board of Directors of the Authority. | 16 | | "Bonds" means any instrument evidencing the obligations of | 17 | | the Authority to pay money authorized or issued by or on behalf | 18 | | of the Authority, including, without limitation, bonds, notes, | 19 | | certificates, lines of credit, leases, installment or | 20 | | conditional purchase agreements, and any other evidence of | 21 | | indebtedness. | 22 | | "Department" means the Illinois Department of | 23 | | Transportation. | 24 | | "Executive Director" means the Board-appointed chief | 25 | | executive officer of the Authority. | 26 | | "Governmental entity" means any political subdivision, |
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| 1 | | school district, municipal corporation, unit of local | 2 | | government, or airport authority. | 3 | | "South Suburban Airport" means the airport to be developed | 4 | | on a site located in Will County and approved by the Federal | 5 | | Aviation Administration in the Record of Decision for Tier 1: | 6 | | FAA Site Approval And Land Acquisition By The State Of | 7 | | Illinois, Proposed South Suburban Airport, Will County, | 8 | | Illinois, dated July 2002. The airport location is reflected in | 9 | | Figure R-3 of the Record of Decision, and includes all of the | 10 | | land lying within the ultimate acquisition boundary depicted in | 11 | | Figure R-3. The ultimate airport boundaries shall be modified | 12 | | to reflect the ultimate airport boundaries in an airport layout | 13 | | plan approved by the Federal Aviation Administration, or any | 14 | | successor agency, and as reflected later in any approved | 15 | | airport layout plan. | 16 | | ARTICLE 2. PURPOSE AND FINDINGS | 17 | | Section 2-5. Purpose. The purpose of this Act is to create | 18 | | the Authority as an Illinois political subdivision, municipal | 19 | | corporation, and unit of local government with the powers set | 20 | | forth in this Act, including power to take all needed steps for | 21 | | the ownership, planning, acquisition, design, construction, | 22 | | development, and operation of the South Suburban Airport. | 23 | | Section 2-10. Findings. It is found and declared by the |
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| 1 | | General 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 | 17 | | extent this Act grants the Authority power to plan, coordinate | 18 | | development of, make improvements to, zone for airport | 19 | | operation, safety, efficiency, and compatibility, control and | 20 | | operate the South Suburban Airport, it constitutes an exclusive | 21 | | exercise of those powers on behalf of the State in accordance | 22 | | with subsection (h) of Section 6 of Article VII of the Illinois | 23 | | Constitution and accordingly is a limitation on the powers of | 24 | | home rule units to regulate or supervise planning, | 25 | | construction, development, zoning for airport compatibility or |
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| 1 | | operation of the South Suburban Airport. | 2 | | ARTICLE 3. ESTABLISHMENT | 3 | | Section 3-5. Creation of the Authority. There is created | 4 | | the South Suburban Airport Authority, which shall be an | 5 | | Illinois political subdivision, municipal corporation, and | 6 | | unit 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 | 10 | | Directors. The Board of Directors shall have 9 directors | 11 | | appointed 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 | 2 | | Executive, with the advice and consent of the Will County | 3 | | Board, shall be designated and serve as the Board Chair. | 4 | | (c) Each appointment shall be certified by the appointing | 5 | | officer to the Secretary of State of Illinois and the Secretary | 6 | | of the Authority. | 7 | | (d) The appointing officers shall make their initial | 8 | | appointments within 60 days after the effective date of this | 9 | | Act. The failure of any appointment to be so made shall not | 10 | | affect the establishment of the Authority or the exercise of | 11 | | its powers. | 12 | | Section 4-10. Terms, vacancies, and removal. | 13 | | (a) Of the initial 9 directors who may be appointed | 14 | | pursuant to this Act, one appointed by the Will County | 15 | | Executive shall serve for a term expiring January 1, 2014; one | 16 | | appointed by the Chairman of the Kankakee County Board and one | 17 | | appointed by the Will County Executive shall serve for terms | 18 | | expiring January 1, 2015; one appointed by the municipalities | 19 | | pursuant to item (2) of subsection (a) of Section 4-5 of this | 20 | | Act and one appointed by the Will County Executive shall serve | 21 | | terms expiring January 1, 2016; 2 appointed by the Governor and | 22 | | one appointed by the Will County Executive shall serve for a | 23 | | term expiring on January 1, 2017; and the Chair shall serve for | 24 | | a term expiring January 1, 2018. All subsequent terms | 25 | | thereafter shall be 6 years. |
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| 1 | | (b) Directors shall hold office until their respective | 2 | | successors have been appointed. Directors may be reappointed | 3 | | and may serve consecutive terms. | 4 | | (c) A vacancy shall occur upon resignation, death, or | 5 | | disqualification under the law of the State of Illinois or upon | 6 | | removal by the appointing official, as provided in subsection | 7 | | (f) of this Section. | 8 | | (d) A director who no longer meets the residency | 9 | | requirements of Section 4-5(a)(1) or (3) shall be disqualified | 10 | | and a vacancy shall exist until a new director is appointed. | 11 | | (e) In the event of a vacancy, the appointing officer who | 12 | | appointed the director whose position is vacant shall make an | 13 | | appointment to fill the vacancy to serve the remainder of the | 14 | | unexpired term in the same manner as provided for appointment | 15 | | of directors. | 16 | | (f) Any director may be removed from office by the official | 17 | | or successor who appointed that director for incompetence, | 18 | | neglect of duty, or malfeasance in office on the part of the | 19 | | director to be removed. | 20 | | Section 4-15. Meetings; quorum. | 21 | | (a) As soon as practical after the effective date of this | 22 | | Act, the Board shall organize for the transaction of business. | 23 | | The Board may organize and conduct business when a majority of | 24 | | its members have been appointed. The Board shall prescribe the | 25 | | time and place for meetings, the place of the principal office |
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| 1 | | of the Authority (which shall be in Will County), the manner in | 2 | | which special meetings may be called, the notice that must be | 3 | | given to directors, and the notice that must be given to the | 4 | | public of meetings of the Board. The Board shall prescribe | 5 | | bylaws and an official seal of the Authority. A majority of the | 6 | | total number of directors holding office at any time shall | 7 | | constitute a quorum for the transaction of business. | 8 | | (b) All substantive action of the Board shall be by | 9 | | resolution. The concurrence of a majority of the total number | 10 | | of directors then holding office shall be necessary for the | 11 | | adoption of any resolution. No action shall be taken unless at | 12 | | least a majority of directors have been appointed and are | 13 | | holding office. | 14 | | Section 4-20. Compensation. The annual compensation for | 15 | | directors shall be established by resolution of the Board at an | 16 | | amount not to exceed $10,000 per annum. The $10,000 threshold | 17 | | shall be revised each July 1 for inflation or deflation using | 18 | | the percentage change of the value of the Consumer Price Index | 19 | | for All Urban Consumers as determined by the United States | 20 | | Department of Labor in the latest known month compared to the | 21 | | same value in the previous year. The directors also shall be | 22 | | compensated for all actual expenses incurred in the performance | 23 | | of official duties. | 24 | | Section 4-25. Chair and other officers. The Chair shall |
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| 1 | | preside at meetings of the Board and shall be entitled to vote | 2 | | on all matters. The Board shall select a Vice-Chair (who shall | 3 | | preside in the Chair's absence), Secretary, and Treasurer and | 4 | | may provide for other officers of the Authority with such | 5 | | duties as it shall from time to time determine. The Secretary, | 6 | | Treasurer, and other officers of the Authority may, but need | 7 | | not, be directors. | 8 | | Section 4-30. Executive Director. The officers of the | 9 | | Authority shall include an Executive Director, who shall be the | 10 | | chief executive officer of the Authority, and who shall be | 11 | | appointed by the Board. The Executive Director must have and | 12 | | maintain the designation as an Accredited Airport Executive as | 13 | | defined by the American Association of Airport Executives. The | 14 | | Executive Director, consistent with the policies and direction | 15 | | of the Board, (i) shall be responsible for the management of | 16 | | the properties, business, and employees of the Authority, (ii) | 17 | | shall direct the enforcement of all resolutions, rules, and | 18 | | regulations of the Board, and (iii) shall perform such other | 19 | | duties as may be prescribed from time to time by the Board. The | 20 | | Board shall provide for the appointment of, and may enter into | 21 | | contracts for services by, such attorneys, engineers, | 22 | | consultants, agents, and employees as it may deem necessary or | 23 | | desirable, and may require bonds of any of them. The Board | 24 | | shall adopt rules and procedures governing the Authority's | 25 | | employment, evaluation, promotion, and discharge of employees. |
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| 1 | | Subject to those rules and procedures and consistent with the | 2 | | policies and directions of the Board, the Executive Director | 3 | | shall select and appoint and may discharge employees of the | 4 | | Authority, or may supervise such selection, appointment or | 5 | | discharge. The Executive Director shall not be a member of the | 6 | | Board. All officers (other than officers who are members of the | 7 | | Board) and all employees of the Authority shall report and be | 8 | | subordinate to the Executive Director. The compensation of the | 9 | | Executive Director and all other officers, attorneys, | 10 | | engineers, consultants, agents, and employees shall be | 11 | | established by the Board. | 12 | | Section 4-35. Conflict of interest. | 13 | | (a) No director shall be an elected official, officer or | 14 | | employee of a federal, State, county, municipal or other local | 15 | | unit 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; | 6 | | to have or acquire any contract, or any direct pecuniary | 7 | | interest in any contract therein, whether for stationery, | 8 | | printing, paper, or any services, materials, or supplies, that | 9 | | will be wholly or partially satisfied by the payment of funds | 10 | | by the Authority. | 11 | | (c) It is unlawful for any firm, partnership, association, | 12 | | or corporation, in which any person listed in subsection (b) is | 13 | | entitled to receive (i) more than 7 1/2% of the total | 14 | | distributable income or (ii) an amount in excess of two times | 15 | | the salary of the Will County Executive, to have or acquire any | 16 | | such contract or direct pecuniary interest therein. | 17 | | (d) It is unlawful for any firm, partnership, association, | 18 | | or corporation, in which any person listed in subsection (b) | 19 | | together with his or her spouse or minor children is entitled | 20 | | to receive (i) more than 15%, in the aggregate, of the total | 21 | | distributable income or (ii) an amount in excess of 4 times the | 22 | | salary of the Will County Executive, to have or acquire any | 23 | | such contract or direct pecuniary interest therein. | 24 | | (e) This Section does not affect the validity of any | 25 | | contract that was in existence before the election or | 26 | | employment as an officer, member, or employee of the person |
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| 1 | | listed in subsection (b). The contract is voidable, however, if | 2 | | it cannot be completed within 365 days after the officer, | 3 | | member, or employee takes office or is employed. | 4 | | (f) The following are exceptions to the otherwise | 5 | | applicable 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 | 19 | | than an interest prohibited in subsection (b), (c) or (d) of | 20 | | this Section held by a director or officer of the Authority or | 21 | | the spouse or minor child of a director or officer, in a | 22 | | contract or the performance of work upon which the director or | 23 | | officer of the Authority may, apart from subsections (b), (c) | 24 | | and (d), be called upon to act or vote, a director or officer | 25 | | of the Authority shall disclose the interest to the Secretary | 26 | | of the Authority prior to the taking of final action by the |
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| 1 | | Authority concerning the contract or work and shall so disclose | 2 | | the nature and extent of the interest and the acquisition of | 3 | | it. The disclosure shall be publicly acknowledged by the | 4 | | Authority and entered upon the minutes of the Authority. If a | 5 | | director or officer or his or her spouse or minor child holds | 6 | | such an interest, then the director or officer shall refrain | 7 | | from any further involvement in regard to such contract or | 8 | | work, from voting on any matter pertaining to the contract or | 9 | | work, and from communicating with other directors or officers | 10 | | of the Authority concerning the contract or work. | 11 | | Notwithstanding any other provision of law, any contract or | 12 | | work entered into in conformity with this subsection (g) shall | 13 | | not be void or invalid by reason of the interest described in | 14 | | this subsection (g). Any person violating this subsection (g) | 15 | | shall 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 | 18 | | the 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 | 21 | | and shall be fined not less than $1,000 nor more than $5,000. | 22 | | (j) The Authority shall adopt regulations governing | 23 | | conflicts of interest with regard to its employees. | 24 | | Section 4-40. Exemptions. By majority vote of its Board, | 25 | | the Authority may exempt named individuals from the |
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| 1 | | prohibitions of Section 4-35 when, in its judgment, the public | 2 | | interest in having the individual in the service of the | 3 | | Authority outweighs the public policy evidenced in that | 4 | | Section. An exemption is effective only when it is filed with | 5 | | the Secretary of the Authority and includes a statement | 6 | | approved by the Board setting forth the name of the individual | 7 | | and all the pertinent facts that would make that Section | 8 | | applicable, setting forth the reason for the exemption, and | 9 | | declaring the individual exempted from that Section. Notice of | 10 | | each exemption shall be published in the minutes of the meeting | 11 | | at which the exemption was approved. | 12 | | Section 4-45. Meetings and records. The provisions of the | 13 | | Open Meetings Act and Illinois law concerning availability of | 14 | | public records shall apply to all meetings and records of the | 15 | | Authority. | 16 | | ARTICLE 5. INTERIM PLANNING | 17 | | Section 5-5. South Suburban Airport. The Illinois | 18 | | Department of Transportation and the South Suburban Airport | 19 | | Authority shall serve as co-sponsors of the South Suburban | 20 | | Airport until the Federal Aviation Administration issues a | 21 | | record of decision and an environmental impact statement | 22 | | concerning the airport layout plan for the South Suburban | 23 | | Airport or until July 1, 2014, whichever is earlier. Upon the |
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| 1 | | creation of the Authority, the Authority shall enter into an | 2 | | agreement with the Department to complete all ongoing projects, | 3 | | including the Airport Master Plan, and assist the Federal | 4 | | Aviation Administration in preparing and approving the | 5 | | Environmental Impact Statement and Record of Decision. | 6 | | Thereafter, the South Suburban Airport Authority shall serve as | 7 | | the sponsor of the South Suburban Airport. To the extent | 8 | | otherwise required by law, the Department shall serve as a | 9 | | co-sponsor of the South Suburban Airport. | 10 | | ARTICLE 6. POWERS | 11 | | Section 6-5. General airport powers. The Authority has the | 12 | | power to plan, develop, secure permits, licenses, and approvals | 13 | | for, acquire, develop, construct, equip, own, and operate the | 14 | | South Suburban Airport. The Authority also has the power to | 15 | | own, operate, acquire facilities for, construct, improve, | 16 | | repair, maintain, renovate, and expand the South Suburban | 17 | | Airport, including any facilities located on the site of the | 18 | | South Suburban Airport for use by any individual or entity | 19 | | other than the Authority. The development of the South Suburban | 20 | | Airport shall also include all land, highways, waterways, mass | 21 | | transit facilities, and other infrastructure that, in the | 22 | | determination of the Authority, are necessary or appropriate in | 23 | | connection with the development or operation of the South | 24 | | Suburban Airport. The development of the South Suburban Airport |
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| 1 | | also includes acquisition and development of any land or | 2 | | facilities (i) for relocation of persons, including providing | 3 | | replacement housing or facilities for persons and entities | 4 | | displaced by that development, (ii) for protecting or | 5 | | reclaiming the environment with respect to the South Suburban | 6 | | Airport, (iii) for providing substitute or replacement | 7 | | property or facilities, including without limitation, for | 8 | | areas of recreation, conservation, open space, and wetlands, | 9 | | (iv) for providing navigational aids, or (v) for utilities to | 10 | | serve the airport, whether or not located on the site of the | 11 | | South Suburban Airport. | 12 | | Section 6-10. Land and public waters. The Authority has the | 13 | | power to acquire all land, interests in land, and all other | 14 | | property and interests in property as may be necessary to carry | 15 | | out its powers and functions under this Act and to dispose of | 16 | | any such lands, interests, and property upon terms it deems | 17 | | appropriate. | 18 | | Section 6-15. Protection of land for future airport | 19 | | development. | 20 | | (a) The Authority may elect to protect the land needed for | 21 | | future development of the South Suburban Airport and to prevent | 22 | | costly and conflicting development of the land, including any | 23 | | land lying within the ultimate acquisition boundary of the | 24 | | South Suburban Airport. If the Authority elects to protect such |
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| 1 | | land and prevent conflicting development, it shall follow the | 2 | | procedures specified in this Section. There is no requirement | 3 | | that the Authority take any of the actions specified in this | 4 | | Section unless the Authority elects to protect the land needed | 5 | | for the South Suburban Airport. | 6 | | (b) The Authority shall make a survey and prepare a map | 7 | | showing the location for the South Suburban Airport. The map | 8 | | shall show existing highways in the area involved, the property | 9 | | lines and persons paying the most recent property taxes on land | 10 | | that will be needed for the future additions, and all other | 11 | | pertinent information. A copy of the map shall be filed in the | 12 | | Office of the Recorder for Will County. | 13 | | Public notice of the location of the South Suburban Airport | 14 | | shall be given by publishing in a newspaper of general | 15 | | circulation in Will County. The notice shall state where the | 16 | | map has been filed. The notice shall also provide notice of the | 17 | | time, date, and location of a public hearing to be held by the | 18 | | Authority in Will County for the purpose of explaining the land | 19 | | protection procedures available to the Authority under the | 20 | | terms of this Section. The notice shall be served by registered | 21 | | mail within 60 days thereafter on all persons shown as having | 22 | | most recently paid the property taxes on the land. | 23 | | Any material changes in the location of the airport shall | 24 | | be filed and notice given in the manner provided for an | 25 | | original map. | 26 | | (c) The public hearing required by this Section shall be |
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| 1 | | held not less than 15 days and not more than 45 days after the | 2 | | notice is mailed to all persons shown as having most recently | 3 | | paid the property taxes on the land. At the hearing, the | 4 | | Authority shall explain the land protection procedures | 5 | | available to the Authority under this Section. In addition, any | 6 | | interested person or his or her representative may be heard at | 7 | | the hearing. The Authority shall evaluate the testimony given | 8 | | at the hearing. | 9 | | (d) After the map is filed, notice of its filing has been | 10 | | given, and a public hearing has been held, as provided in this | 11 | | Section, no one shall incur development costs or place | 12 | | improvements in, upon, or under the land involved nor rebuild, | 13 | | alter, or add to any existing structure without first giving | 14 | | 60-days' notice by registered mail to the Authority. This | 15 | | provision shall not apply to any normal or emergency repairs to | 16 | | existing structures. The Authority shall have 60 days after | 17 | | receipt of that notice to inform the owner of its intention to | 18 | | acquire all or part of the land involved; after which, the | 19 | | Authority shall have the additional time required to acquire | 20 | | all or part of the land by purchase or to initiate action to | 21 | | acquire the land through the exercise of the power of eminent | 22 | | domain. When such property is acquired, no damages shall be | 23 | | allowed for any construction, alteration, or addition in | 24 | | violation of this Section unless the Authority has failed to | 25 | | acquire the land by purchase or has abandoned an eminent domain | 26 | | proceeding initiated pursuant to the provisions of this |
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| 1 | | Section. | 2 | | Any property needed for the South Suburban Airport may be | 3 | | acquired at any time by the Authority. The time of | 4 | | determination of the value of the property to be taken under | 5 | | this Section shall be the date of the actual taking, if the | 6 | | property is acquired by purchase, or the date of the filing of | 7 | | a complaint for condemnation, if the property is acquired | 8 | | through the exercise of eminent domain, rather than the date | 9 | | when the map of the proposed location was filed of record. | 10 | | Section 6-20. Relocation. The Authority has the power to | 11 | | provide for the relocation of all persons and entities | 12 | | displaced by the development of the South Suburban Airport, | 13 | | including through provision of relocation assistance or the | 14 | | provision of replacement housing or other facilities. The | 15 | | Authority, prior to acquiring any land for the South Suburban | 16 | | Airport that directly results in the displacement of persons or | 17 | | entities, shall adopt a plan for providing for the relocation | 18 | | of the displaced persons and entities not less than the | 19 | | substantial equivalent of that required under federal law for | 20 | | airport projects with federal funding. The Authority shall, | 21 | | with respect to the development, acquisition, and construction | 22 | | of South Suburban Airport, comply with all applicable | 23 | | requirements of federal law and of Illinois law governing | 24 | | agencies of the State of Illinois with respect to relocation of | 25 | | displaced persons and entities from locations in the State of |
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| 1 | | Illinois. | 2 | | Section 6-25. Contracts. The Authority has the power to | 3 | | enter into all contracts useful for carrying out its purposes | 4 | | and powers, including, without limitation, leases of any of its | 5 | | property or facilities, use agreements with airlines or other | 6 | | airport users relating to the South Suburban Airport, | 7 | | agreements with South Suburban Airport concessionaires, and | 8 | | franchise agreements for use of or access to South Suburban | 9 | | Airport facilities, all with such duration as the Board shall | 10 | | determine. | 11 | | Section 6-30. Management agreement. The Authority may | 12 | | enter into agreements by which it may provide for various | 13 | | functions relating to management or operation of the South | 14 | | Suburban Airport to be performed on behalf of the Authority by | 15 | | any other person or entity. | 16 | | Section 6-35. Land and water use controls. | 17 | | (a) The Authority may adopt, administer, and enforce | 18 | | airport zoning regulations, in the manner provided for | 19 | | political subdivisions under the Airport Zoning Act, with | 20 | | respect to any airport hazard or airport hazard area (as | 21 | | described in that Act) for the South Suburban Airport. The | 22 | | Authority also may request that the Department, or any | 23 | | successor agency, develop hazard zoning regulations in |
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| 1 | | accordance with applicable law. The Authority also may adopt, | 2 | | administer, and enforce zoning regulations governing land and | 3 | | improvements within the Airport Boundaries of the South | 4 | | Suburban Airport for the purpose of ensuring safe and efficient | 5 | | airport operation, all in a manner consistent with the | 6 | | procedures and requirements for municipalities under the | 7 | | Illinois Municipal Code. To ensure that the land usage is | 8 | | compatible with current and future airport development, the | 9 | | Authority's zoning powers apply whether such land is in an | 10 | | unincorporated area or within the boundaries of a municipality | 11 | | or other unit of local government. To the extent the | 12 | | Authority's exercise of its zoning powers authorized by this | 13 | | Act is inconsistent with exercise of any other local unit of | 14 | | government's exercise of zoning powers or laws, the Authority's | 15 | | zoning authority controls. The Authority may also, with the | 16 | | consent of the federal and State resource agencies or any | 17 | | successor agencies as required by law, adopt, administer, and | 18 | | enforce rules and regulations on the use of waterways and | 19 | | floodplains within the Airport Boundaries of the South Suburban | 20 | | Airport as necessary for the development, construction, | 21 | | acquisition, and operation of the South Suburban Airport. | 22 | | Section 6-40. Eminent Domain. | 23 | | (a) The Authority may take and acquire possession by | 24 | | eminent domain of any property or interests in property that | 25 | | the Authority is authorized to acquire under this Act with |
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| 1 | | respect to the development of the South Suburban Airport or as | 2 | | needed as provided in Section 6-5 of this Act. | 3 | | (b) The power of eminent domain shall be exercised by the | 4 | | Authority only as authorized by resolution of the Authority, | 5 | | and shall extend to all types of interests in property, both | 6 | | real and personal, (including, without limitation, easements | 7 | | for access or open space purposes and rights of concurrent | 8 | | usage of existing or planned facilities) and property held | 9 | | either for public or for private use, including | 10 | | (notwithstanding any other law to the contrary) property held | 11 | | by any governmental entity, including any property, rights, or | 12 | | easements owned by units of local government, school districts, | 13 | | or forest preserve districts. The powers given to the Authority | 14 | | under this Section include the power to acquire, by | 15 | | condemnation or otherwise, any property used for cemetery | 16 | | purposes within the South Suburban Airport boundaries, and to | 17 | | require that the cemetery be removed to a different location. | 18 | | The powers given to the Authority under this Section include | 19 | | the power to condemn or otherwise acquire (other than by | 20 | | condemnation by quick-take), and to convey, substitute | 21 | | property when the Authority reasonably determines that | 22 | | monetary compensation will not be sufficient or practical just | 23 | | compensation for property acquired by the Authority in | 24 | | connection with the development of the South Suburban Airport. | 25 | | The acquisition of substitute property is declared to be for | 26 | | public use. The Authority shall exercise the power of eminent |
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| 1 | | domain granted in this Section with respect to property located | 2 | | within the State of Illinois in the manner provided for the | 3 | | exercise of the right of eminent domain under the Eminent | 4 | | Domain Act. | 5 | | (c) No South Suburban Airport property may be subject to | 6 | | taking by condemnation or otherwise by any unit of local | 7 | | government, any other airport authority, or by any agency, | 8 | | instrumentality or political subdivision of the State. | 9 | | Section 6-45. Employment. No unlawful discrimination, as | 10 | | defined and prohibited in the Illinois Human Rights Act, shall | 11 | | be made in any term or aspect of employment with the Authority. | 12 | | The Authority shall be subject to the Illinois Human Rights | 13 | | Act and the remedies and procedures established under that Act. | 14 | | Section 6-50. Employee pensions. The Authority may | 15 | | establish and maintain systems of pensions and retirement | 16 | | benefits for such officers and employees of the Authority as | 17 | | may be designated or described by resolution of the Authority. | 18 | | Such pension systems shall be financed or funded by such means | 19 | | and in such manner as may be determined by the Board to be | 20 | | economically advantageous. | 21 | | Section 6-55. Approvals. The Authority has the power to | 22 | | apply to the proper authorities of the United States, the State | 23 | | of Illinois, and other governmental entities, as permitted or |
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| 1 | | authorized by applicable law, to obtain any licenses, | 2 | | approvals, or permits reasonably necessary to achieve the | 3 | | purposes of this Act. | 4 | | Section 6-60. Foreign trade zones. The Authority has the | 5 | | power to apply to the proper authorities of the United States | 6 | | pursuant to appropriate law for permission to establish, | 7 | | operate, maintain, and lease foreign trade zones and sub-zones | 8 | | within the area of the South Suburban Airport and to establish, | 9 | | operate, maintain, and lease such foreign trade zones and | 10 | | sub-zones. | 11 | | Section 6-65. Police and other services. The Authority has | 12 | | the power to police its property within the site of the South | 13 | | Suburban Airport. The Authority has the power to exercise | 14 | | police powers in respect to that property and in respect to the | 15 | | enforcement of any rule or regulation of the Authority, | 16 | | including the regulation of vehicular traffic, and of the | 17 | | public health and welfare and the sale of alcoholic beverages, | 18 | | including the power to license activities and provide for fees | 19 | | for licenses, and to provide fire protection and emergency | 20 | | medical services at the South Suburban Airport. The Authority | 21 | | has the power, by resolution, to provide for the regulation of | 22 | | the construction and use of buildings and facilities located | 23 | | within the Airport Boundaries of the South Suburban Airport, | 24 | | including, without limitation, any building, fire, and other |
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| 1 | | safety regulation that it may determine to be needed for the | 2 | | protection of public safety and the efficient operation of the | 3 | | Airport. The Authority has the power to contract for, employ | 4 | | and establish, maintain and equip a security force for police, | 5 | | fire, and emergency medical services on property within the | 6 | | Airport Boundaries of the South Suburban Airport. The Authority | 7 | | also has the power to provide or contract for water, sewer, | 8 | | gas, electricity and other utilities for use in connection with | 9 | | development or operation of the Airport. | 10 | | Section 6-70. Bonding authority. The Authority has the | 11 | | authority 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 | 14 | | shall also have the powers necessary, convenient, or desirable | 15 | | to meet its responsibilities and to carry out its purposes and | 16 | | express powers, including, but not limited to, the following | 17 | | powers: | 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 | 6 | | power to acquire real or personal property, the Authority has | 7 | | the power to acquire such property by contract, purchase, gift, | 8 | | grant, exchange for other property or rights in property, lease | 9 | | (or sublease), or installment or conditional purchase | 10 | | contracts, including a settlement of an eminent domain | 11 | | proceeding, which leases or installment or conditional | 12 | | purchase contracts may provide for consideration to be paid in | 13 | | annual installments during a period not exceeding 40 years. | 14 | | Property may be acquired subject to any conditions, | 15 | | restrictions, liens, or security or other interests of other | 16 | | parties, and the Authority may acquire a joint leasehold, | 17 | | easement, license or other partial interest in such property. | 18 | | Any such acquisition may provide for the assumption of, or | 19 | | agreement to pay, perform, or discharge outstanding or | 20 | | continuing duties, obligations or liabilities of the seller, | 21 | | lessor, donor, or other transferor of, or of the trustee with | 22 | | regard to, such property. In connection with the acquisition of | 23 | | any easement or other property interest that is less than fee | 24 | | simple title, the Authority may indemnify and hold harmless the | 25 | | owners and occupants of such property or interests in property | 26 | | for any and all losses, claims, damages, liabilities, or |
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| 1 | | expenses arising out of use of such property or interests in | 2 | | property. | 3 | | Section 6-80. Additional powers. The Authority has any | 4 | | additional powers necessary to implement and perform the powers | 5 | | and duties assigned the Authority under this Act. Such | 6 | | additional powers shall not extend to override or abrogate | 7 | | limitations imposed in this Act on the exercise of the | 8 | | Authority's power. | 9 | | Section 6-85. Regulations. The Authority may adopt | 10 | | regulations governing its exercise of authority in this Act. | 11 | | ARTICLE 7. FINANCE | 12 | | Section 7-5. Supervision of finances. The Board shall | 13 | | control the finances of the Authority, including adopting | 14 | | budgets and capital plans, imposing fees and charges, engaging | 15 | | consultants and professional advisors, entering into contracts | 16 | | with airport users of the South Suburban Airport, conveying | 17 | | property, entering into contracts for the acquisition of | 18 | | property or for goods or services (except such contracts as may | 19 | | be entered into on behalf of the Authority pursuant to | 20 | | authorization as delegated by the Board), borrowing money, | 21 | | issuing bonds, and granting security interests in the | 22 | | Authority's revenues. The Board shall establish and may, from |
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| 1 | | time to time, modify the fiscal year of the Authority. The | 2 | | Board shall annually cause the finances of the Authority to be | 3 | | audited by a firm of certified public accountants experienced | 4 | | in auditing public airports. | 5 | | Section 7-10. Federal funds. The Authority may take all | 6 | | steps consistent with applicable laws to maximize funding for | 7 | | the costs of the South Suburban Airport from grants by the | 8 | | Federal Aviation Administration or any successor agency. | 9 | | Section 7-15. Budgets. The Board shall annually adopt a | 10 | | current expense budget for each fiscal year. The budget may be | 11 | | modified from time to time in the same manner and upon the same | 12 | | vote as it may be adopted. The budget shall include the | 13 | | Authority's available funds and estimated revenues and shall | 14 | | provide for payment of its obligations and estimated | 15 | | expenditures for the fiscal year, including, without | 16 | | limitation, expenditures for administration, operation, | 17 | | maintenance and repairs, debt service and deposits into reserve | 18 | | and other funds, and capital projects. The total of such | 19 | | obligations and estimated expenditures shall be balanced by the | 20 | | Authority's available funds and estimated revenue for each | 21 | | fiscal year. | 22 | | Section 7-20. Annual report. For each fiscal year, the | 23 | | Authority shall prepare an annual report setting forth |
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| 1 | | information concerning its activities in the fiscal year and | 2 | | the status of the development of the South Suburban Airport. | 3 | | The annual report shall include the audited financial | 4 | | statements of the Authority for the fiscal year prepared in | 5 | | accordance with generally accepted accounting principles for | 6 | | airports, statistical information relating to traffic and | 7 | | usage of the Airport, the budget for the succeeding fiscal | 8 | | year, and the current capital plan as of the date of the | 9 | | report. Copies of the annual report shall be submitted not | 10 | | later than 120 days after the end of the Authority's fiscal | 11 | | year to each appointing official of directors of the Authority. | 12 | | Section 7-25. Purchasing. | 13 | | (a) The Authority shall adopt purchasing regulations. | 14 | | Those regulations shall provide that construction contracts | 15 | | and contracts for supplies, material, equipment, and services | 16 | | or acquisition by the Authority of property (other than real | 17 | | estate), involving in each case a cost of more than $25,000, | 18 | | shall be awarded to the lowest responsive and responsible | 19 | | bidder upon public notice and with public bidding. Each July 1, | 20 | | the $25,000 bid threshold shall be revised for inflation or | 21 | | deflation using the percentage change in the Consumer Price | 22 | | Index for all Urban Consumers as determined by the United | 23 | | States Department of Labor in the latest available month | 24 | | compared with the same value in the previous year, and rounded | 25 | | to the nearest $100. |
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| 1 | | (b) The Board may adopt regulations to make exceptions to | 2 | | the requirement for public bidding in instances in which it | 3 | | determines bidding is not appropriate, including, without | 4 | | limitation, instances in which the property or service can be | 5 | | obtained only from a single source or for any professional | 6 | | services, or in which various alternative purchasing | 7 | | arrangements are preferable, including, without limitation, | 8 | | prequalification of bidders, negotiation with the lowest | 9 | | responsive and responsible bidder after opening of bids, | 10 | | utilization of other competitive selection procedures in which | 11 | | price is one of the selection criteria, participation in joint | 12 | | purchasing programs with other units of government, or | 13 | | procurement by negotiation or agreement with any airline. | 14 | | Except as set forth below, the Local Government Professional | 15 | | Services Selection Act shall apply to the Authority. | 16 | | (c) Notwithstanding the foregoing, and as an exception | 17 | | thereto, the Authority may elect to competitively select a | 18 | | contractor 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 | 5 | | ensure timely completion of its projects, the Authority shall | 6 | | utilize project labor agreements to accomplish its airport | 7 | | improvement projects. | 8 | | (e) All contracts entered into by or on behalf of the | 9 | | Authority 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 | 22 | | apply to federally funded projects if such application would | 23 | | jeopardize the receipt or use of federal funds in support of | 24 | | such a project. | 25 | | (g) The Board shall encourage the use of State businesses | 26 | | by the Authority. |
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| 1 | | Section 7-30. Revenues. | 2 | | (a) The Authority may impose and levy a passenger facility | 3 | | charge or any other fee or charge permitted by the Federal | 4 | | Aviation Administration or United States government or any | 5 | | agency thereof at the South Suburban Airport. The Authority may | 6 | | amend any such applications or approved passenger facility | 7 | | charge program and enter into agreements with the Federal | 8 | | Aviation Administration or the United States government with | 9 | | respect to a passenger facility charge or other fee or charge | 10 | | permitted by the Federal Aviation Administration or the United | 11 | | States government. The Board may impose upon air carriers using | 12 | | the South Suburban Airport the obligation to collect any such | 13 | | charge or fee, to the extent permitted by federal laws or | 14 | | regulations. | 15 | | (b) The Board may set fees and charges for the use of the | 16 | | South Suburban Airport or any facilities of the South Suburban | 17 | | Airport or any property owned or leased by the Authority, | 18 | | including flowage fees on aviation fuel, and may enter into | 19 | | contracts with users providing for the payment of amounts for | 20 | | the use of the South Suburban Airport or facilities of that | 21 | | airport. | 22 | | (c) To the extent not specified in this Section, the | 23 | | Authority shall by resolution provide for details of and the | 24 | | method of collecting any fee or charge it imposes under this | 25 | | Section. |
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| 1 | | (d) In addition to revenues generated by the Authority, the | 2 | | Authority may accept and spend such funds as are provided in | 3 | | government grants, by private developers or from other sources. | 4 | | Section 7-35. Borrowing. | 5 | | (a) The Authority has the continuing power to borrow money | 6 | | and to issue its negotiable bonds as provided in this Section. | 7 | | Bonds of the Authority may be issued for any purpose of the | 8 | | Authority, including, without limitation, to plan, develop, | 9 | | construct, acquire, improve, repair, or expand the South | 10 | | Suburban Airport, including facilities to be leased to or used | 11 | | by any individual or entity other than the Authority; to | 12 | | provide funds for operations of the South Suburban Airport; to | 13 | | pay, refund (at the time of or in advance of any maturity or | 14 | | redemption), or redeem any bonds or any revenue bonds or notes | 15 | | issued to finance property for the South Suburban Airport; to | 16 | | provide or increase a debt service reserve fund or other | 17 | | reserves with respect to any or all of its bonds; to pay | 18 | | interest on bonds; or to pay the legal, financial, | 19 | | administrative, bond insurance, credit enhancement, and other | 20 | | expenses of the authorization, issuance, sale, or delivery of | 21 | | bonds. | 22 | | (b) All bonds issued under this Section shall have a claim | 23 | | for payment solely from one or more funds, revenues, or | 24 | | receipts of the Authority or property interests of any user of | 25 | | facilities financed by the Authority as provided in this Act |
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| 1 | | and from credit enhancement or other security for the bonds, | 2 | | including but not limited to guarantees, letters of credit, or | 3 | | other security or insurance, for the benefit of bond holders. | 4 | | Bonds may be issued in one or more series and may have a claim | 5 | | for payment and be secured either separately or on a parity | 6 | | with any other bonds. Bonds shall be secured as provided in the | 7 | | authorizing resolution, which may include, in addition to any | 8 | | other security, a specific pledge or assignment of or grant of | 9 | | a lien on or security interest in any or all funds and revenues | 10 | | of the Authority and a mortgage or security interest in the | 11 | | leasehold of a user of facilities financed by the bonds. Any | 12 | | such pledge, assignment, lien, or security interest on funds | 13 | | and revenues shall be valid and binding from the times the | 14 | | bonds are issued, without any necessity of physical delivery, | 15 | | filing, recording, or further act, and shall be valid and | 16 | | binding as against and prior to the claims of all other parties | 17 | | having claims of any kind against the Authority or any other | 18 | | person irrespective of whether such other parties have notice | 19 | | of the pledge assignment, lien, or security interest. The | 20 | | Authority may provide for the creation of, deposits in, and | 21 | | regulation and disposition of sinking fund or reserve accounts | 22 | | relating to the bonds. The Authority may make provision, as | 23 | | part of the contract with the owners of the bonds, for the | 24 | | creation of one or more separate funds to provide for the | 25 | | payment of principal and interest on the bonds and for the | 26 | | deposit in the funds from any one or more sources of revenues |
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| 1 | | of the Authority from whatever source which may by law be | 2 | | utilized for debt service purposes of amounts to meet the debt | 3 | | service requirements on the bonds, including principal and | 4 | | interest and any sinking fund or reserve fund requirements and | 5 | | all expenses incident to or in connection with the fund and | 6 | | accounts or the payment of bonds. | 7 | | (c) Subject to the provisions of subsection (f) of this | 8 | | Section, the authorizing resolution shall set forth or provide | 9 | | for the terms of the bonds being authorized, including their | 10 | | maturity (which shall not exceed 40 years from their issuance), | 11 | | the provisions for interest on those bonds, the security for | 12 | | those bonds, their redemption provisions, and all covenants or | 13 | | agreements necessary or desirable with regard to the issuance, | 14 | | sale, and security of those bonds. | 15 | | (d) The authorizing resolution may provide for appointment | 16 | | of a corporate trustee (which may be any trust company or bank | 17 | | having the powers of a trust company within or without the | 18 | | territory of the State of Illinois) with respect to any bonds | 19 | | being issued. The authorizing resolution shall prescribe the | 20 | | rights, duties, and powers of any trustee to be exercised for | 21 | | the benefit of the Authority and the protection of the owners | 22 | | of the bonds and may provide for terms of a trust indenture for | 23 | | the bonds. The authorizing resolution may provide for the | 24 | | trustee to hold in trust, invest, and use amounts in funds and | 25 | | accounts 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 | 20 | | Board may provide for specific terms of those bonds, including, | 21 | | without limitation, the purchase price and terms, interest rate | 22 | | or rates, redemption terms, and principal amounts maturing in | 23 | | each year, to be established by one or more directors or | 24 | | officers of the Authority, all within a specific range of | 25 | | discretion established by the authorizing resolution. No such | 26 | | delegation shall be made as to the choice of managing or |
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| 1 | | co-managing underwriters or other professional advisors for | 2 | | the Authority. | 3 | | (g) The authorizing resolution or trust indenture may | 4 | | contain provisions that are a part of the contract with the | 5 | | owners 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 | 3 | | shall constitute a contract between the Authority and the | 4 | | owners from time to time of the bonds. The Authority may also | 5 | | covenant that it shall impose and continue to impose fees, | 6 | | charges, or taxes (as authorized by this Act and in addition as | 7 | | subsequently authorized by amendment to this Act) sufficient to | 8 | | pay the principal and interest and to meet other debt service | 9 | | requirements of the bonds as they become due. | 10 | | (i) The State of Illinois pledges and agrees with the | 11 | | owners of the bonds that it will not limit or alter the rights | 12 | | and powers vested in the Authority by this Act so as to impair | 13 | | the terms of any contract made by the Authority with the owners | 14 | | or in any way impair the rights and remedies of the owners | 15 | | until the bonds, together with interest on them, and all costs | 16 | | and expenses in connection with any action or proceedings by or | 17 | | on behalf of the owners, are fully met and discharged. The | 18 | | Authority is authorized to include this pledge and agreement in | 19 | | any contract with the owners of bonds issued under this | 20 | | Section. | 21 | | Section 7-40. Legal investments. All governmental | 22 | | entities, all public officers, banks, bankers, trust | 23 | | companies, savings banks and institutions, building and loan | 24 | | associations, savings and loan associations, investment | 25 | | companies and other persons carrying on a banking business, |
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| 1 | | insurance companies, insurance associations and other persons | 2 | | carrying on an insurance business, and all executors, | 3 | | administrators, guardians, trustees, and other fiduciaries may | 4 | | legally invest any sinking funds, moneys, or other funds | 5 | | belonging to them or within their control in any bonds issued | 6 | | under this Act. However, nothing in this Section shall be | 7 | | construed as relieving any person, firm, or corporation from | 8 | | any duty of exercising reasonable care in selecting securities | 9 | | for purchase or investment. | 10 | | Section 7-45. Interest swaps. With respect to all or part | 11 | | of any issue of its bonds, the Authority may enter into | 12 | | agreements or contracts with any necessary or appropriate | 13 | | person that will have the benefit of providing to the Authority | 14 | | an interest rate basis, cash flow basis, or other basis | 15 | | different from that provided in the bonds for the payment of | 16 | | interest. Such agreements or contracts may include, without | 17 | | limitation, agreements or contracts commonly known as | 18 | | "interest rate swap agreements", "forward payment conversion | 19 | | agreements", "futures", "options", "puts", or "calls" and | 20 | | agreements or contracts providing for payments based on levels | 21 | | of or changes in interest rates, agreements or contracts to | 22 | | exchange cash flows or a series of payments, or to hedge | 23 | | payment, rate spread, or similar exposure. | 24 | | Section 7-50. Obligations of other governmental entities. |
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| 1 | | No bonds or other obligations of the Authority shall be a debt | 2 | | or obligation of the State of Illinois or other governmental | 3 | | entity, or treated as indebtedness of the State of Illinois or | 4 | | other governmental entity, or require the levy, imposition, or | 5 | | application of any tax by the State of Illinois or other | 6 | | governmental entity. Amounts appropriated or provided to be | 7 | | appropriated at any time to the Authority from the State of | 8 | | Illinois may not be directly or indirectly pledged or assigned | 9 | | or be subject to a lien or security interest or otherwise | 10 | | promised 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 | 13 | | as authorized, permitted, or required by law. | 14 | | (b) The Authority may adopt a program for contracting with | 15 | | minority and female owned businesses as authorized, permitted, | 16 | | or 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 | 20 | | inaugural site. The Department shall continue to acquire the | 21 | | property lying partially or wholly within the inaugural airport | 22 | | boundary. The inaugural boundary is depicted in Figure R-3 in | 23 | | the Federal Aviation Administration's Record of Decision for |
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| 1 | | Tier 1: FAA Site Approval And Land Acquisition By The State Of | 2 | | Illinois, Proposed South Suburban Airport, Will County, | 3 | | Illinois, dated July 2002. The inaugural airport boundary shall | 4 | | be modified to reflect the inaugural airport boundaries in an | 5 | | airport layout plan approved by the Federal Aviation | 6 | | Administration or any other successor agency and as reflected | 7 | | later in any approved airport layout plan. The Department shall | 8 | | acquire such property as quickly as possible, including use of | 9 | | the Department's condemnation powers where it appears | 10 | | reasonably likely that the Department will not be able to | 11 | | acquire such property voluntarily. The Department shall | 12 | | exercise all best efforts to ensure that the property is | 13 | | purchased at fair market value. Upon the creation of the | 14 | | Authority, the Authority shall enter into an agreement with the | 15 | | Department setting forth the terms under which the Department | 16 | | shall complete all ongoing land acquisition. | 17 | | Section 8-10. Transfer of property to the Authority. All | 18 | | property acquired by the Department for airport purposes either | 19 | | prior to or after the effective date of this Act that is wholly | 20 | | or partially within the inaugural airport site shall be | 21 | | transferred to the South Suburban Airport Authority promptly | 22 | | via an intergovernmental agreement with the Department. | 23 | | Section 8-15. Payment for transferred property. The | 24 | | Authority shall pay the Department for the value of property |
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| 1 | | lying wholly or partially within the inaugural site that is | 2 | | transferred to the South Suburban Airport Authority. The value | 3 | | of the property shall be the price paid by the Department or | 4 | | fair market value, whichever is less. The payments shall be | 5 | | made out of the proceeds of the first issuance of general | 6 | | airport revenue or other bonds sold to fund construction of the | 7 | | South Suburban Airport. In the event no such bonds are sold | 8 | | within 10 years of the effective date of this Act, title to | 9 | | property lying wholly or partially within the inaugural site | 10 | | that previously was transferred to the South Suburban Airport | 11 | | Authority shall revert to the Department. | 12 | | Section 8-20. Option to purchase property outside the | 13 | | inaugural site but within the ultimate airport site. Upon the | 14 | | written request of the South Suburban Airport Authority, within | 15 | | 10 years from the effective date of this Act, the Department | 16 | | shall transfer to the South Suburban Airport Authority any | 17 | | parcel of property acquired by the Department of Transportation | 18 | | for airport purposes and lying outside the inaugural airport | 19 | | site but within the South Suburban Airport boundaries. The | 20 | | South Suburban Airport Authority shall pay the Department for | 21 | | the value of property, which value shall be the price paid for | 22 | | the property by the Department, or fair market value, whichever | 23 | | is less. For the period of 10 years from the effective date of | 24 | | this Act, the State of Illinois shall not transfer such | 25 | | property to any other person or entity without first obtaining |
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| 1 | | the written approval of the South Suburban Airport Authority. | 2 | | ARTICLE 9. INTERGOVERNMENTAL RELATIONS AND LIMITATIONS | 3 | | Section 9-5. Intergovernmental cooperation. The Authority | 4 | | may enter into agreements with the United States, the State of | 5 | | Illinois, Will County, or any governmental entity, by which | 6 | | powers of the Authority and the other parties may be jointly | 7 | | exercised or pursuant to which the parties otherwise may enjoy | 8 | | the benefits of intergovernmental cooperation. | 9 | | Section 9-10. Tax exemption. The Authority and all of its | 10 | | operations and property used for public purposes shall be | 11 | | exempt from all taxation of any kind imposed by any | 12 | | governmental entity. This exemption shall not apply to | 13 | | property, including leasehold interests, or operations of any | 14 | | person or entity other than the Authority. Interest on bonds | 15 | | shall not be exempt from tax under the Illinois Income Tax Act. | 16 | | Section 9-15. Application of laws. The Public Funds | 17 | | Statement Publication Act shall not apply to the Authority. | 18 | | Section 9-20. Exclusive powers. The Authority is the only | 19 | | governmental entity that is authorized to develop, construct, | 20 | | own and operate the South Suburban Airport. Notwithstanding any | 21 | | other law, no other unit of local government, including but not |
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| 1 | | limited to municipalities, airport authorities or joint | 2 | | airport commissions, may develop, construct, own or operate an | 3 | | airport on the site identified in this Act as the South | 4 | | Suburban Airport. | 5 | | ARTICLE 10. PROCEDURES AND LIMITATIONS | 6 | | Section 10-5. Hearings and citizen participation. | 7 | | (a) The Authority shall provide for and encourage | 8 | | participation by the public in the development and review of | 9 | | major decisions concerning the development and operation of the | 10 | | South Suburban Airport. | 11 | | (b) The Authority shall hold such public hearings as may be | 12 | | required by this Act or other law or as it may deem appropriate | 13 | | to the performance of any of its functions. | 14 | | (c) The Authority shall hold a public hearing prior to the | 15 | | imposition of any zoning regulation. | 16 | | (d) At least 10 days' notice shall be given of each hearing | 17 | | under this Article in a newspaper of general circulation in the | 18 | | region. The Authority may designate one or more directors or | 19 | | hearing officers to preside over any hearing under this | 20 | | Section. | 21 | | Section 10-10. Limitation on actions. The Local | 22 | | Governmental and Governmental Employees Tort Immunity Act | 23 | | shall apply to the Authority and all its directors, officers, |
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| 1 | | and employees. | 2 | | ARTICLE 11. AMENDATORY PROVISIONS | 3 | | Section 11-5. The Archaeological and Paleontological | 4 | | Resources Protection Act is amended by adding Section 1.75 as | 5 | | follows: | 6 | | (20 ILCS 3435/1.75 new) | 7 | | Sec. 1.75. South Suburban Airport. Nothing in this Act | 8 | | limits the authority of the South Suburban Airport Authority to | 9 | | exercise its powers under the South Suburban Airport Authority | 10 | | Act or requires that Authority, or any person acting on its | 11 | | behalf, to obtain a permit under this Act when acquiring | 12 | | property or otherwise exercising its powers under the South | 13 | | Suburban Airport Authority Act. | 14 | | Section 11-10. The Human Skeletal Remains Protection Act is | 15 | | amended 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 | 18 | | limits the authority of the South Suburban Airport Authority to | 19 | | exercise its powers under the South Suburban Airport Authority | 20 | | Act or requires that Authority, or any person acting on its | 21 | | behalf, to obtain a permit under this Act when acquiring |
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| 1 | | property or otherwise exercising its powers under the South | 2 | | Suburban Airport Authority Act. | 3 | | Section 11-15. The Foreign Trade Zones Act is amended by | 4 | | changing 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 | 8 | | public or
private corporations shall have the power to apply to | 9 | | proper authorities of
the United States of America pursuant to | 10 | | appropriate law for the right to
establish, operate, maintain | 11 | | and lease foreign trade zones and sub-zones
within its | 12 | | corporate limits or within limits established pursuant to
| 13 | | agreement with proper authorities of the United States of | 14 | | America, as the
case may be, and to establish, operate, | 15 | | maintain 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 | 6 | | 1984, any county,
city, village or town within the State or a | 7 | | public or private corporation
authorized or licensed to do | 8 | | business in the State or any combination thereof
may apply to | 9 | | the Foreign Trade Zones Board, United States Department of
| 10 | | Commerce, for the right to establish, operate and maintain a | 11 | | foreign trade
zone and sub-zones. For the purposes of this | 12 | | Section, such foreign trade
zone or sub-zones may be | 13 | | incorporated outside the corporate boundaries or
be made up of | 14 | | areas from adjoining counties or states.
| 15 | | (C) (h) No foreign trade zone may be established within 50 | 16 | | miles of an existing
zone situated in a county with 3,000,000 | 17 | | or more inhabitants or within 35
miles of an existing zone | 18 | | situated in a county with less than 3,000,000
inhabitants, such | 19 | | zones having been
created pursuant to this Act without the | 20 | | permission of the authorities
which established the existing | 21 | | zone.
| 22 | | (Source: P.A. 85-471.)
| 23 | | Section 11-20. The Governmental Account Audit Act is | 24 | | amended 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 | 3 | | context
otherwise indicates:
| 4 | | "Governmental unit" or "unit" includes all municipal | 5 | | corporations in
and political subdivisions of this State that | 6 | | appropriate more than $5,000
for a fiscal year, with the amount | 7 | | to increase or decrease by the amount of the
Consumer Price | 8 | | Index (CPI) as reported on January 1 of each year, except the
| 9 | | following:
| 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 | 8 | | having
authority to levy taxes, make appropriations, authorize | 9 | | the expenditure
of public funds or approve claims for any | 10 | | governmental unit.
| 11 | | "Comptroller" means the Comptroller of the State of | 12 | | Illinois.
| 13 | | "Consumer Price Index" means the Consumer Price Index for | 14 | | All Urban
Consumers for all items published by the United | 15 | | States Department of Labor.
| 16 | | "Licensed public accountant" means the holder of a valid | 17 | | certificate
as a public accountant under the Illinois Public | 18 | | Accounting Act.
| 19 | | "Audit report" means the written report of the licensed | 20 | | public
accountant and all appended statements and schedules | 21 | | relating to that
report,
presenting or recording the findings | 22 | | of an examination or audit of the
financial transactions, | 23 | | affairs, or conditions of a governmental unit.
| 24 | | "Report" includes both audit reports and reports filed | 25 | | instead of an
audit report by a governmental unit receiving | 26 | | revenue of less than $850,000
during any fiscal year to which |
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| 1 | | the 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 | 4 | | changing 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 | 7 | | embraced within
the limits of any
city, village, or | 8 | | incorporated town, the corporate authorities thereof,
if, in | 9 | | their opinion, any good cause exists why such cemetery should | 10 | | be
removed, may cause the remains of all persons interred | 11 | | therein to be removed to
some other suitable place. However, | 12 | | the corporate authorities shall first
obtain the assent of the | 13 | | trustees or other persons having the control or
ownership of | 14 | | such cemetery, or a majority thereof. When such cemetery is | 15 | | owned
by one or more private parties, or private corporation or | 16 | | chartered society,
the corporate authorities of such city may | 17 | | require the removal of such cemetery
to be done at the expense | 18 | | of such private parties, or private corporation or
chartered | 19 | | society, if such removal be based upon their application. | 20 | | Nothing
in
this Section limits the powers of the City of | 21 | | Chicago to acquire property or
otherwise exercise its powers
| 22 | | under
Section 15 of the O'Hare Modernization Act. Nothing in | 23 | | this Section limits the power of the South Suburban Airport | 24 | | Authority to acquire property or otherwise exercise its powers |
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| 1 | | under 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 | 4 | | is 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 | 7 | | property in which a forest preserve district is the grantee of | 8 | | a conservation easement or the grantee of a conservation right | 9 | | as defined in Section 1(a) of the Real Property Conservation | 10 | | Rights Act shall not be
subject to eminent domain or | 11 | | condemnation proceedings, except as otherwise
provided in | 12 | | Section 15 of the O'Hare Modernization Act and Section 6-40 of | 13 | | the 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 | 16 | | Section 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 | 19 | | who first
assumes custody of a dead body or fetus shall make a | 20 | | written report to the
registrar of the district in which death | 21 | | occurred or in which the body or
fetus was found within 24 | 22 | | hours after taking custody of the body or fetus
on a form |
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| 1 | | prescribed and furnished by the State Registrar and in | 2 | | accordance
with the rules promulgated by the State Registrar. | 3 | | Except as specified in
paragraph (2) of this Section, the | 4 | | written report shall serve as a permit
to transport, bury or | 5 | | entomb the body or fetus within this State, provided
that the | 6 | | funeral director or person acting as such shall certify that | 7 | | the
physician in charge of the patient's care for the illness | 8 | | or condition
which resulted in death has been contacted and has | 9 | | affirmatively stated
that he will sign the medical certificate | 10 | | of death or the fetal death
certificate. If a funeral director
| 11 | | fails to file written
reports under this Section in a timely | 12 | | manner, the local registrar
may suspend the funeral director's | 13 | | privilege of filing written
reports by mail.
In a county with a | 14 | | population greater than 3,000,000, if a funeral director
or | 15 | | person acting as such inters or entombs a dead body
without | 16 | | having previously certified that the physician in charge of the
| 17 | | patient's care for the illness or condition that resulted in | 18 | | death has been
contacted and has affirmatively stated that he | 19 | | or she will sign the medical
certificate of death,
then that | 20 | | funeral
director or person acting as such
is responsible for | 21 | | payment of the specific costs incurred by the county
medical | 22 | | examiner in
disinterring and reinterring or reentombing
the | 23 | | dead body.
| 24 | | (2) The written report as specified in paragraph (1) of | 25 | | this Section shall
not serve as a permit to:
| 26 | | (a) Remove body or fetus from this State;
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| 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 | 6 | | this Section
the funeral director or person acting as such who | 7 | | first assumes custody
of a dead body or fetus shall obtain a | 8 | | permit for disposition of such
dead human body prior to final | 9 | | disposition or removal from the State of the
body or fetus. | 10 | | Such permit shall be issued by the registrar of the
district | 11 | | where death occurred or the body or fetus was found. No such
| 12 | | permit shall be issued until a properly completed certificate | 13 | | of death has
been filed with the registrar. The registrar shall | 14 | | insure the issuance of
a permit for disposition within an | 15 | | expedited period of time to accommodate
Sunday or holiday | 16 | | burials of decedents whose time of death and religious
tenets | 17 | | or beliefs necessitate Sunday or holiday burials.
| 18 | | (4) A permit which accompanies a dead body or fetus brought | 19 | | into this
State shall be authority for final disposition of the | 20 | | body or fetus in this
State, except in municipalities where | 21 | | local ordinance requires the issuance
of a local permit prior | 22 | | to disposition.
| 23 | | (5) A permit for disposition of a dead human body shall be | 24 | | required
prior to disinterment of a dead body or fetus, and | 25 | | when the disinterred
body is to be shipped by a common carrier. | 26 | | Such permit shall be issued to
a licensed funeral director or |
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| 1 | | person acting as such, upon proper
application, by the local | 2 | | registrar of the district in which disinterment
is to be made. | 3 | | In the case of disinterment, proper application shall
include a | 4 | | statement providing the name and address of any surviving | 5 | | spouse
of the deceased, or, if none, any surviving children of | 6 | | the deceased, or if
no surviving spouse or children, a parent, | 7 | | brother, or sister of the
deceased. The
application shall | 8 | | indicate whether the applicant is one of these parties
and, if | 9 | | so, whether the applicant is a surviving spouse or a surviving
| 10 | | child. Prior to the issuance of a permit for disinterment, the
| 11 | | local registrar shall, by certified mail, notify the surviving | 12 | | spouse,
unless he or she is the applicant, or if there is no | 13 | | surviving spouse, all
surviving children except for the | 14 | | applicant, of the application for the
permit. The person or | 15 | | persons notified shall have 30 days from the mailing
of the | 16 | | notice to object by obtaining an injunction enjoining the | 17 | | issuance
of the permit. After the 30-day period has expired, | 18 | | the local registrar
shall issue the permit unless he or she has | 19 | | been enjoined from doing so or
there are other statutory | 20 | | grounds for refusal. The notice to the spouse or
surviving | 21 | | children shall inform the person or persons being notified of | 22 | | the
right to seek an injunction within 30 days. Notwithstanding | 23 | | any other
provision of this subsection (5), a court may order | 24 | | issuance of a permit
for disinterment without notice or prior | 25 | | to the expiration of the 30-day
period where the petition is | 26 | | made by an agency of any governmental unit and
good cause is |
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| 1 | | shown for disinterment without notice or for the early order.
| 2 | | Nothing in this subsection (5) limits the authority of the City | 3 | | of Chicago to
acquire property or otherwise exercise its powers | 4 | | under the O'Hare
Modernization Act or requires that City,
or
| 5 | | any person acting on behalf of that City, to obtain a permit | 6 | | under this
subsection (5) when exercising powers under the | 7 | | O'Hare Modernization Act. Nothing in this subsection (5) limits | 8 | | the authority of South Suburban Airport Authority to acquire | 9 | | property or otherwise exercise its powers under the South | 10 | | Suburban Airport Authority Act or requires that Authority, or | 11 | | any person acting on its behalf, to obtain a permit under this | 12 | | subsection (5) when exercising powers under the South Suburban | 13 | | Airport Authority Act.
| 14 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 15 | | Section 11-40. The Eminent Domain Act is amended by | 16 | | changing Section 10-5-10 and by adding Section 15-5-47 as | 17 | | follows:
| 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
| 21 | | use, without the owner's consent, (ii) to construct or maintain | 22 | | any
public road, railroad, plankroad, turnpike road, canal, or | 23 | | other public
work or improvement, or (iii) to damage property | 24 | | not actually taken has
been or is conferred by general law or
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| 1 | | special charter upon any corporate or municipal authority, | 2 | | public body,
officer or agent, person, commissioner, or | 3 | | corporation and when (i) the
compensation to be paid for or in | 4 | | respect of the property sought to be
appropriated or damaged | 5 | | for the purposes mentioned cannot be
agreed upon by the parties | 6 | | interested, (ii) the owner of the
property is incapable of | 7 | | consenting, (iii)
the owner's name or residence is
unknown, or | 8 | | (iv) the owner is a nonresident of the State, then the party | 9 | | authorized to
take or damage the property so required, or to | 10 | | construct, operate,
and
maintain any public road, railroad, | 11 | | plankroad, turnpike road, canal, or
other public work or | 12 | | improvement, may apply to the circuit court of the
county where | 13 | | the property or any part of the property is situated, by filing
| 14 | | with the clerk a complaint. The complaint shall set forth, by | 15 | | reference, (i) the complainant's
authority in the premises, | 16 | | (ii) the purpose for which the property is sought
to be taken | 17 | | or damaged, (iii) a description of the property, and (iv) the | 18 | | names of all
persons interested in the property as owners or | 19 | | otherwise, as appearing of
record, if known, or if not known | 20 | | stating that fact; and shall pray the
court to cause the | 21 | | compensation to be paid to the owner to be assessed. | 22 | | (b) If it appears that any person not in being, upon coming | 23 | | into being, is,
or may become or may claim to be, entitled to | 24 | | any interest in the
property sought to be appropriated or | 25 | | damaged, the court shall appoint
some competent and | 26 | | disinterested person as guardian ad litem to appear
for and |
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| 1 | | represent that interest in the proceeding and to defend the
| 2 | | proceeding on behalf of the person not in being. Any judgment
| 3 | | entered in the proceeding shall be as effectual for all | 4 | | purposes
as though the person was in being and was a party to | 5 | | the proceeding. | 6 | | (c) If
the proceeding seeks to affect the property of | 7 | | persons under guardianship,
the guardians shall be made parties | 8 | | defendant. | 9 | | (d) Any interested persons whose
names are unknown may be | 10 | | made parties defendant by the same
descriptions and in the same | 11 | | manner as provided in other civil cases. | 12 | | (e) When the property to be taken or damaged is a common | 13 | | element of
property subject to a declaration of condominium | 14 | | ownership, pursuant to the
Condominium Property Act, or of a | 15 | | common interest community, the complaint
shall name the unit | 16 | | owners' association in lieu of naming the individual
unit | 17 | | owners and lienholders on individual units. Unit owners, | 18 | | mortgagees,
and other lienholders may intervene as parties | 19 | | defendant. For the purposes
of this Section, "common interest | 20 | | community" has the same meaning as
set forth in subsection (c) | 21 | | of Section 9-102 of the Code of Civil
Procedure. "Unit owners' | 22 | | association" or "association" shall refer to both
the | 23 | | definition contained in Section 2 of the Condominium Property | 24 | | Act and
subsection (c) of Section 9-102 of the Code of Civil | 25 | | Procedure. | 26 | | (f) When the property is sought to be taken or damaged by |
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| 1 | | the State for the
purposes of establishing, operating, or | 2 | | maintaining any State house or
State charitable or other | 3 | | institutions or improvements, the complaint
shall be signed by | 4 | | the Governor, or the Governor's designee, or as otherwise
| 5 | | provided by law. | 6 | | (g) No property , ( except property described in
Section 3 of | 7 | | the Sports Stadium Act, property to be acquired in furtherance | 8 | | of actions under Article 11, Divisions 124, 126, 128, 130, 135, | 9 | | 136, and 139, of
the Illinois Municipal Code, property to be | 10 | | acquired in furtherance of actions under Section 3.1 of the | 11 | | Intergovernmental Cooperation Act, property to be acquired | 12 | | that is a water system or waterworks pursuant to the home rule | 13 | | powers of a unit of local government, and property described as | 14 | | Site B in Section 2
of the Metropolitan Pier and Exposition | 15 | | Authority Act, and property that may be taken as provided in | 16 | | the South Suburban Airport Authority Act) belonging to a
| 17 | | railroad or other public utility subject to the jurisdiction of | 18 | | the
Illinois Commerce Commission may be taken or damaged, | 19 | | pursuant to the
provisions of this Act, without the prior | 20 | | approval
of the Illinois Commerce Commission. | 21 | | (Source: P.A. 94-1055, eff. 1-1-07; incorporates P.A. 94-1007, | 22 | | eff. 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 | 25 | | following provisions of law may include express grants or the |
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| 1 | | power to acquire property by condemnation or eminent domain. | 2 | | South Suburban Airport Authority Act; South Suburban | 3 | | Airport Authority; for general purposes. | 4 | | Section 11-45. The Religious Freedom Restoration Act is | 5 | | amended by changing Section 30 as follows:
| 6 | | (775 ILCS 35/30)
| 7 | | Sec. 30. O'Hare Modernization and South Suburban Airport . | 8 | | Nothing in this Act limits the authority of
the City of Chicago | 9 | | to
exercise its powers
under the O'Hare Modernization Act , or | 10 | | the South Suburban Airport Authority to exercise its powers | 11 | | under the South Suburban Airport Authority Act, for the | 12 | | purposes of relocation of
cemeteries or the graves located | 13 | | therein.
| 14 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 15 | | ARTICLE 12. SEVERABILITY | 16 | | Section 12-5. Severability; construction. The provisions | 17 | | of this Act are severable under Section 1.31 of the Statute of | 18 | | Statutes. The provisions of this Act shall be reasonably and | 19 | | liberally construed to achieve the purposes for the | 20 | | establishment of the Authority. | 21 | | ARTICLE 13. STATE MANDATES ACT |
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| 1 | | Section 13-5. The State Mandates Act is amended by adding | 2 | | Section 8.36 as follows: | 3 | | (30 ILCS 805/8.36 new) | 4 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 | | of this Act, no reimbursement by the State is required for the | 6 | | implementation of any mandate created by this amendatory Act of | 7 | | the 97th General Assembly. | 8 | | ARTICLE 99. EFFECTIVE DATE
| 9 | | Section 99-99. Effective date. This Act takes effect | 10 | | January 1, 2013.".
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