093_HB0721sam001











                                     LRB093 05825 RCE 17239 a

 1                     AMENDMENT TO HOUSE BILL 721

 2        AMENDMENT NO.     .  Amend House Bill  721  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  Title.  This Act may be cited as the
 5    O'Hare Modernization Act.

 6        Section 5.  Findings and purposes.
 7        (a)  The Illinois General Assembly finds and determines:
 8             (1)  The reliability and efficiency of the State and
 9        national air transportation systems significantly  depend
10        on  the  efficiency  of  the Chicago O'Hare International
11        Airport.  O'Hare   has   an   essential   role   in   air
12        transportation for the State of Illinois. The reliability
13        and  efficiency  of  air transportation for residents and
14        businesses  in  Illinois  and  other  States  depend   on
15        efficient air traffic operations at O'Hare.
16             (2)  O'Hare  cannot  efficiently perform its role in
17        the State and national air transportation systems  unless
18        it is reconfigured with multiple parallel runways.
19             (3)  The  O'Hare  Modernization Program will enhance
20        the economic welfare of the State  of  Illinois  and  its
21        residents  by  creating  thousands  of  jobs and business
22        opportunities.
 
                            -2-      LRB093 05825 RCE 17239 a
 1             (4)  O'Hare provides, and will continue to  provide,
 2        unique   air  transportation  functions  that  cannot  be
 3        replaced by any other airport in Illinois.
 4             (5)  Public  roadway  access  through  the  existing
 5        western boundary of  O'Hare  to  passenger  terminal  and
 6        parking  facilities located inside the boundary of O'Hare
 7        and reasonably accessible to that western  access  is  an
 8        essential  element  of  the O'Hare Modernization Program.
 9        That western access to O'Hare is needed  to  realize  the
10        full   economic   opportunities  created  by  the  O'Hare
11        Modernization   Program    and    to    improve    ground
12        transportation in the O'Hare area. It is important to the
13        State  that  the  western access be constructed not later
14        than the time existing runway  14R-32L  is  removed  from
15        service.
16             (6)  For  the reasons stated in paragraphs (1), (2),
17        (3), (4), and  (5),  it  is  essential  that  the  O'Hare
18        Modernization   Program   be  completed  efficiently  and
19        without unnecessary delay.
20             (7)  For the reasons stated in paragraphs (1),  (2),
21        (3),  (4),  and  (5), it is essential that acquisition of
22        property as required for the O'Hare Modernization Program
23        be completed as expeditiously as practicable.
24             (8)  The  General  Assembly  recognizes   that   the
25        planning,   construction,  and  use  of  O'Hare  and  the
26        planning,   construction,   and   use   of   the   O'Hare
27        Modernization  Program  will  be  subject  to   intensive
28        regulatory  scrutiny  by  the  United  States and that no
29        purpose would  be  served  by  duplicative  or  redundant
30        regulation  of  the  safety and impacts of the airport or
31        the O'Hare Modernization Program.
32             (9)  The General Assembly recognizes that  the  City
33        of  Chicago  has  enacted  and  successfully  implemented
34        ordinances  that  combat  past and ongoing discrimination
 
                            -3-      LRB093 05825 RCE 17239 a
 1        against minorities and women in the market that  competes
 2        for  contracts with the City of Chicago. These ordinances
 3        are among  the  strongest  and  most  successful  in  the
 4        country, and have made significant progress in combatting
 5        discrimination  against  minorities  and women throughout
 6        northeastern Illinois.
 7        (b)  It is the intent of the General  Assembly  that  all
 8    agencies  of this State and its subdivisions shall facilitate
 9    the  efficient  and  expeditious  completion  of  the  O'Hare
10    Modernization  Program  to  the   extent   not   specifically
11    prohibited   by  law,  and  that  legal  impediments  to  the
12    completion of the project be eliminated.

13        Section 10.  Definitions. As used in this Act:
14        "Airport property" means (i) any property or an  interest
15    in  property  that  is,  or hereafter becomes, part of O'Hare
16    International Airport and (ii) any property or an interest in
17    property that is not part of  O'Hare  International  Airport,
18    but  that  is acquired by the City of Chicago for purposes of
19    air navigation or air safety  in  accordance  with  standards
20    established  by the Federal Aviation Administration. "Airport
21    property", however, shall not include any substitute property
22    acquired pursuant  to  Section  15  of  this  Act,  including
23    property acquired for cemetery purposes.
24        "O'Hare   Modernization   Program"  means  the  plan  for
25    modernization  of  O'Hare  International   Airport   by   (1)
26    construction  and  reconfiguration  of runways, taxiways, and
27    facilities  for   movement   and   servicing   of   aircraft;
28    construction  of western airport access and related roadways;
29    construction  and  reconfiguration  of  roadways,  terminals,
30    passenger transportation facilities, parking facilities,  and
31    cargo  facilities;  construction  of  drainage and stormwater
32    management facilities; and related projects, within the  area
33    bounded  on  the  north,  between  Carmen Drive and the Union
 
                            -4-      LRB093 05825 RCE 17239 a
 1    Pacific/Canadian Pacific Railroad, by Old Higgins  Road,  and
 2    between  Old  Higgins  Road  and  Touhy  Avenue, by the Union
 3    Pacific/Canadian Pacific Railroad,  and  east  of  the  Union
 4    Pacific/Canadian Pacific Railroad by the northern boundary of
 5    O'Hare  existing  on  January  1,  2003;  on  the east by the
 6    eastern boundary of O'Hare existing on January  1,  2003;  on
 7    the southeast by the southeastern boundary of O'Hare existing
 8    on January 1, 2003; on the south between the eastern boundary
 9    of  O'Hare  and  the  Union  Pacific Railroad by the southern
10    boundary of O'Hare existing on January 1, 2003; on the south,
11    between the Union Pacific Railroad and the east  boundary  of
12    York Road by the Canadian Pacific railroad yard; on the west,
13    between  the  Canadian Pacific Railroad Yard and the railroad
14    spur intersecting York Road between Arthur and Pratt Avenues,
15    by the east boundary of York  Road;  and  on  the  northwest,
16    between  York  Road  and  the  Union Pacific/Canadian Pacific
17    Railroad, by the railroad spur, and between the railroad spur
18    and the point at  which  the  extended  eastern  boundary  of
19    Carmen  Drive  intersects  the Union Pacific/Canadian Pacific
20    Railroad, by the Union Pacific/Canadian Pacific Railroad, and
21    between the Union Pacific/Canadian Pacific Railroad  and  Old
22    Higgins  Road,  by  the  extended  eastern boundary of Carmen
23    Drive  and  by  Carmen  Drive;  and  (2)  provision  for  air
24    navigation and air safety outside  that  area  in  accordance
25    with   standards   established   by   the   Federal  Aviation
26    Administration.
27        "O'Hare" means Chicago O'Hare International Airport.
28        "City" means the City of Chicago.

29        Section 15.  Acquisition of property. In addition to  any
30    other powers the City may have, and notwithstanding any other
31    law  to  the  contrary,  the City may acquire by gift, grant,
32    lease,  purchase,  condemnation  (including  condemnation  by
33    quick take under Section  7-103.149  of  the  Code  of  Civil
 
                            -5-      LRB093 05825 RCE 17239 a
 1    Procedure), or otherwise any right, title, or interest in any
 2    private  property,  property held in the name of or belonging
 3    to any public body or unit of  government,  or  any  property
 4    devoted  to  a  public use, or any other rights or easements,
 5    including any property, rights, or  easements  owned  by  the
 6    State,  units  of  local  government,  or  school  districts,
 7    including  forest preserve districts, for purposes related to
 8    the O'Hare Modernization Program. The  powers  given  to  the
 9    City  under  this  Section  include  the power to acquire, by
10    condemnation or otherwise, any  property  used  for  cemetery
11    purposes  within  or outside of the City, and to require that
12    the cemetery be removed to a different location.  The  powers
13    given  to  the  City  under this Section include the power to
14    condemn or otherwise acquire (other than by  condemnation  by
15    quick   take  under  Section  7-103  of  the  Code  of  Civil
16    Procedure), and to convey, substitute property when the  City
17    reasonably  determines that monetary compensation will not be
18    sufficient  or  practical  just  compensation  for   property
19    acquired   by   the   City  in  connection  with  the  O'Hare
20    Modernization Program. The acquisition of substitute property
21    is declared to be for public  use.  Property  acquired  under
22    this  Section  includes  property  that  the  City reasonably
23    determines will be necessary for future  use,  regardless  of
24    whether final regulatory or funding decisions have been made;
25    provided,  however,  that  quick-take  of  such  property  is
26    subject to Section 7-103.149 of the Code of Civil Procedure.

27        Section 20.  Condemnation by other governmental units. No
28    airport  property may be subject to taking by condemnation or
29    otherwise by any unit of local government other than the City
30    of Chicago, or by any agency, instrumentality,  or  political
31    subdivision of the State.

32        Section 21.  Reimbursement for tax base losses.
 
                            -6-      LRB093 05825 RCE 17239 a
 1        (a)  Whenever  the  City  acquires  parcels  of  property
 2    within  any school district or community college district for
 3    the O'Hare Modernization Program, the  City  shall,  for  the
 4    following  taxable  year  and for each of the 5 taxable years
 5    thereafter, pay to that district  the  amount  of  the  total
 6    property  tax  liability  of  the  acquired  parcels  to  the
 7    district  for  the  2002 taxable year, increased or decreased
 8    each year by the percentage change of  the  district's  total
 9    tax extension for the current taxable year from the total tax
10    extension for the prior taxable year; provided that no annual
11    increase shall exceed the lesser of 5% or the annual increase
12    in  the Consumer Price Index. Funds payable by the City under
13    this Section shall be paid exclusively from non-tax  revenues
14    generated at airports owned by the City, and shall not exceed
15    the  amount  of those funds that can be paid for that purpose
16    under 49 U.S.C. 47107(l)(2).
17        (b)  Notwithstanding any other provision of this Section:
18    (i) no funds shall be payable by the City under this  Section
19    with  respect to any taxable year succeeding the 2009 taxable
20    year; (ii) in no event shall such  funds  be  payable  on  or
21    after  January  1,  2010;  (iii)  in no event shall the total
22    funds paid by the  City  pursuant  to  this  Section  to  all
23    districts  for all taxable years exceed $20,000,000; and (iv)
24    any amounts payable to a district by the City with respect to
25    any parcel of property for any taxable year shall be  reduced
26    by the amount of taxes actually paid to the district for that
27    taxable  year  with  respect  to that parcel or any leasehold
28    interest therein.
29        (c)  Whenever the City acquires property that is  subject
30    to  this  Section,  the City shall notify the assessor of the
31    county in which the property is located. The assessor or  the
32    clerk  of  that  county shall, on an annual basis, notify the
33    affected school district or community college district of all
34    property that has been identified as being  subject  to  this
 
                            -7-      LRB093 05825 RCE 17239 a
 1    Section,  and  shall  provide  the district and the City with
 2    such information  as  may  be  required  in  determining  the
 3    amounts  payable  by  the  City  under this Section. The City
 4    shall make payments as required by this Section no later than
 5    90 days after that information is received  and  verified  by
 6    the City.
 7        (d)  As  used  in  this  Section,  "Consumer Price Index"
 8    means the Consumer Price Index for All  Urban  Consumers  for
 9    all items published by the United States Department of Labor.

10        Section  25.  Jurisdiction over airport property. Airport
11    property shall not be subject to the the laws of any unit  of
12    local government except as provided by ordinance of the City.
13    Plans  of  all  public  agencies  that  may affect the O'Hare
14    Modernization Program shall be  consistent  with  the  O'Hare
15    Modernization Program, and to the extent that any plan of any
16    public   agency  or  unit  or  division  of  State  or  local
17    government is  inconsistent  with  the  O'Hare  Modernization
18    Program, that plan is and shall be void and of no effect.

19        Section  27.  Minority  and  women-owned  businesses  and
20    workers.  All  City  contracts  for  the O'Hare Modernization
21    Program shall be subject to all applicable ordinances of  the
22    City  governing  contracting  with  minority  and women-owned
23    businesses  and  prohibiting  discrimination  and   requiring
24    appropriate  affirmative  action with respect to minority and
25    women participants in  the  work  force,  including  but  not
26    limited to Section 2-92-330 of the Municipal Code of the City
27    of Chicago (relating to hiring of Chicago residents), Section
28    2-92-390  of  the  Municipal  Code  of  the  City  of Chicago
29    (relating to hiring of women and  minorities),  and  Sections
30    2-92-420  through  2-92-570 of the Municipal Code of the City
31    of Chicago (relating to contracting with  minority-owned  and
32    women-owned business enterprises), to the extent permitted by
 
                            -8-      LRB093 05825 RCE 17239 a
 1    law  and  federal  funding  restrictions. The City of Chicago
 2    shall file semi-annual  reports  with  the  General  Assembly
 3    documenting  compliance  with such ordinances with respect to
 4    work performed as part of the  O'Hare  Modernization  Program
 5    and  disclosing the extent to which that work is performed by
 6    minority and women workers and minority-owned and women-owned
 7    business enterprises.

 8        Section 30.  Home Rule. It is declared to be the  law  of
 9    this State, pursuant to paragraph (h) of Section 6 of Article
10    VII  of  the  Illinois  Constitution, that the regulation and
11    supervision of the City of Chicago's  implementation  of  the
12    O'Hare  Modernization  Program is an exclusive State function
13    that may not be exercised concurrently by any unit  of  local
14    government.

15        Section   90.  The   Archeological   and  Paleontological
16    Resources Protection Act is amended by adding Section 1.5  as
17    follows:

18        (20 ILCS 3435/1.5 new)
19        Sec.  1.5.  O'Hare  Modernization.  Nothing  in  this Act
20    limits the authority of the City of Chicago to  exercise  its
21    powers  under  the  O'Hare Modernization Act or requires that
22    City, or any person acting on behalf of that City, to  obtain
23    a  permit under this Act when acquiring property or otherwise
24    exercising its powers under the O'Hare Modernization Act.

25        Section 91.  The Human Skeletal Remains Protection Act is
26    amended by adding Section 4.5 as follows:

27        (20 ILCS 3440/4.5 new)
28        Sec. 4.5.  O'Hare  Modernization.  Nothing  in  this  Act
29    limits  the  authority of the City of Chicago to exercise its
 
                            -9-      LRB093 05825 RCE 17239 a
 1    powers under the O'Hare Modernization Act  or  requires  that
 2    City,  or any person acting on behalf of that City, to obtain
 3    a permit under this Act when acquiring property or  otherwise
 4    exercising its powers under the O'Hare Modernization Act.

 5        Section  92.   The  Illinois Municipal Code is amended by
 6    changing Sections 11-51-1, 11-102-2, and 11-102-4 as follows:

 7        (65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)
 8        Sec. 11-51-1.  Cemetery removal. Whenever any cemetery is
 9    embraced  within  the  limits  of  any  city,   village,   or
10    incorporated  town, the corporate authorities thereof, if, in
11    their opinion, any good cause exists why such cemetery should
12    be removed, may cause the remains  of  all  persons  interred
13    therein  to be removed to some other suitable place. However,
14    the corporate authorities shall first obtain  the  assent  of
15    the trustees or other persons having the control or ownership
16    of  such  cemetery, or a majority thereof. When such cemetery
17    is  owned  by  one  or  more  private  parties,  or   private
18    corporation  or  chartered society, the corporate authorities
19    of such city may require the removal of such cemetery  to  be
20    done  at  the  expense  of  such  private parties, or private
21    corporation or chartered society, if such  removal  be  based
22    upon  their  application.  Nothing in this Section limits the
23    powers  of  the  City  of  Chicago  to  acquire  property  or
24    otherwise exercise its powers under Section 15 of the  O'Hare
25    Modernization Act.
26    (Source: P.A. 87-1153.)

27        (65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
28        Sec.  11-102-2.  Every  municipality specified in Section
29    11-102-1 may purchase,  construct,  reconstruct,  expand  and
30    improve  landing  fields,  landing  strips,  landing  floats,
31    hangers,  terminal  buildings  and  other structures relating
 
                            -10-     LRB093 05825 RCE 17239 a
 1    thereto  and  may  provide  terminal  facilities  for  public
 2    airports; may construct, reconstruct and  improve  causeways,
 3    roadways,  and  bridges for approaches to or connections with
 4    the landing fields, landing strips and  landing  floats;  and
 5    may  construct and maintain breakwaters for the protection of
 6    such  airports  with  a  water  front.  Before  any  work  of
 7    construction is commenced in, over or upon any public  waters
 8    of  the state, the plans and specifications therefor shall be
 9    submitted to and approved by the Department of Transportation
10    of the state. Submission to and approval by the Department of
11    Transportation is not required for any work  or  construction
12    undertaken  as  part  of  the O'Hare Modernization Program as
13    defined in Section 10 of the O'Hare Modernization Act.
14    (Source: P.A. 81-840.)

15        (65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
16        Sec. 11-102-4. Every municipality  specified  in  Section
17    11-102-1  may  contract  for the removal or relocation of all
18    buildings, railways, mains, pipes,  conduits,  wires,  poles,
19    and  all other structures, facilities and equipment which may
20    interfere with the location, expansion or improvement of  any
21    public airport, or with the safe approach thereto or take-off
22    therefrom by aircraft, and may acquire by gift, grant, lease,
23    purchase,  condemnation  or  otherwise  any private property,
24    public property or property devoted  to  any  public  use  or
25    rights  or  easements  therein  for any purpose authorized by
26    this Section and Sections 11-102-1 through 11-102-3.  Nothing
27    in  this  Section limits the powers of the City of Chicago to
28    acquire property  or  otherwise  exercise  its  powers  under
29    Section 15 of the O'Hare Modernization Act.
30    (Source: Laws 1961, p. 576.)

31        Section  93.   The Downstate Forest Preserve District Act
32    is amended by changing Section 5e as follows:
 
                            -11-     LRB093 05825 RCE 17239 a
 1        (70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)
 2        Sec. 5e.  Property owned by a  forest  preserve  district
 3    shall  not  be  subject  to  eminent  domain  or condemnation
 4    proceedings, except as otherwise provided in  Section  15  of
 5    the O'Hare Modernization Act.
 6    (Source: P.A. 85-993.)

 7        Section  93.5.   The  Vital  Records  Act  is  amended by
 8    changing Section 21 as follows:

 9        (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
10        Sec. 21.  (1) The funeral director or  person  acting  as
11    such  who first assumes custody of a dead body or fetus shall
12    make a written report to the registrar  of  the  district  in
13    which  death occurred or in which the body or fetus was found
14    within 24 hours after taking custody of the body or fetus  on
15    a form prescribed and furnished by the State Registrar and in
16    accordance with the rules promulgated by the State Registrar.
17    Except  as  specified  in  paragraph (2) of this Section, the
18    written report shall serve as a permit to transport, bury  or
19    entomb the body or fetus within this State, provided that the
20    funeral  director or person acting as such shall certify that
21    the physician in charge of the patient's care for the illness
22    or condition which resulted in death has been  contacted  and
23    has  affirmatively  stated  that  he  will  sign  the medical
24    certificate of death or the fetal death  certificate.   If  a
25    funeral  director  fails  to  file written reports under this
26    Section in a timely manner, the local registrar  may  suspend
27    the funeral director's privilege of filing written reports by
28    mail.  In  a county with a population greater than 3,000,000,
29    if a funeral director or person  acting  as  such  inters  or
30    entombs a dead body  without having previously certified that
31    the physician in charge of the patient's care for the illness
32    or  condition  that  resulted in death has been contacted and
 
                            -12-     LRB093 05825 RCE 17239 a
 1    has affirmatively stated that he or she will sign the medical
 2    certificate of death, then that funeral  director  or  person
 3    acting  as  such   is responsible for payment of the specific
 4    costs incurred by the county medical examiner in disinterring
 5    and reinterring or reentombing the dead body.
 6        (2)  The written report as specified in paragraph (1)  of
 7    this Section shall not serve as a permit to:
 8             (a)  Remove body or fetus from this State;
 9             (b)  Cremate the body or fetus; or
10             (c)  Make  disposal  of  any  body  or  fetus in any
11        manner when death is subject to the coroner's or  medical
12        examiner's investigation.
13        (3)  In  accordance  with the provisions of paragraph (2)
14    of this Section the funeral director or person acting as such
15    who first assumes custody of  a  dead  body  or  fetus  shall
16    obtain a permit for disposition of such dead human body prior
17    to final disposition or removal from the State of the body or
18    fetus.   Such  permit shall be issued by the registrar of the
19    district where death occurred or the body or fetus was found.
20    No such permit shall be issued  until  a  properly  completed
21    certificate  of death has been filed with the registrar.  The
22    registrar  shall  insure  the  issuance  of  a   permit   for
23    disposition within an expedited period of time to accommodate
24    Sunday  or  holiday  burials of decedents whose time of death
25    and religious tenets or beliefs necessitate Sunday or holiday
26    burials.
27        (4)  A permit which accompanies  a  dead  body  or  fetus
28    brought   into  this  State  shall  be  authority  for  final
29    disposition of the body or fetus in  this  State,  except  in
30    municipalities where local ordinance requires the issuance of
31    a local permit prior to disposition.
32        (5)  A  permit for disposition of a dead human body shall
33    be required prior to disinterment of a dead  body  or  fetus,
34    and  when  the  disinterred body is to be shipped by a common
 
                            -13-     LRB093 05825 RCE 17239 a
 1    carrier.  Such permit shall be issued to a  licensed  funeral
 2    director  or  person acting as such, upon proper application,
 3    by the local registrar of the district in which  disinterment
 4    is   to   be  made.  In  the  case  of  disinterment,  proper
 5    application shall include a statement providing the name  and
 6    address of any surviving spouse of the deceased, or, if none,
 7    any  surviving  children  of the deceased, or if no surviving
 8    spouse or children, a  parent,  brother,  or  sister  of  the
 9    deceased.    The   application  shall  indicate  whether  the
10    applicant is one of these parties and,  if  so,  whether  the
11    applicant  is a surviving spouse or a surviving child.  Prior
12    to the issuance of  a  permit  for  disinterment,  the  local
13    registrar  shall,  by  certified  mail,  notify the surviving
14    spouse, unless he or she is the applicant, or if there is  no
15    surviving  spouse,  all  surviving  children  except  for the
16    applicant, of the application for the permit.  The person  or
17    persons  notified  shall have 30 days from the mailing of the
18    notice to object by obtaining  an  injunction  enjoining  the
19    issuance of the permit.  After the 30-day period has expired,
20    the  local  registrar shall issue the permit unless he or she
21    has been enjoined from doing so or there are other  statutory
22    grounds  for  refusal.  The notice to the spouse or surviving
23    children shall inform the person or persons being notified of
24    the  right  to   seek   an   injunction   within   30   days.
25    Notwithstanding any other provision of this subsection (5), a
26    court may order issuance of a permit for disinterment without
27    notice  or prior to the expiration of the 30-day period where
28    the petition is made by an agency of  any  governmental  unit
29    and  good  cause  is shown for disinterment without notice or
30    for the early order. Nothing in this  subsection  (5)  limits
31    the  authority  of the City of Chicago to acquire property or
32    otherwise exercise its powers under the O'Hare  Modernization
33    Act  or requires that City, or any person acting on behalf of
34    that City, to obtain a permit under this subsection (5)  when
 
                            -14-     LRB093 05825 RCE 17239 a
 1    exercising powers under the O'Hare Modernization Act.
 2    (Source: P.A. 88-261; 89-381, eff. 8-18-95.)

 3        Section  94.   The Illinois Aeronautics Act is amended by
 4    changing Sections 38.01 and 47 and by adding Section 47.1  as
 5    follows:

 6        (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
 7        Sec. 38.01.  Project applications.
 8        (a)  No  municipality  or  political  subdivision in this
 9    state,  whether  acting  alone  or   jointly   with   another
10    municipality  or  political  subdivision  or  with the state,
11    shall submit any project application under the provisions  of
12    the  Airport  and  Airway  Improvement  Act  of  1982, or any
13    amendment  thereof,  unless  the  project  and  the   project
14    application  have  been  first approved by the Department. No
15    such municipality or  political  subdivision  shall  directly
16    accept,  receive, or disburse any funds granted by the United
17    States under the Airport and Airway Improvement Act of  1982,
18    but it shall designate the Department as its agent to accept,
19    receive,  and disburse such funds, provided, however, nothing
20    in  this  Section  shall  be  construed   to   prohibit   any
21    municipality  or  any  political  sub-division  of  more than
22    500,000 inhabitants from disbursing such  funds  through  its
23    corporate  authorities. It shall enter into an agreement with
24    the Department prescribing the terms and conditions  of  such
25    agency in accordance with federal laws, rules and regulations
26    and  applicable  laws of this state. This subsection (a) does
27    not apply to any project application submitted in  connection
28    with  the  O'Hare Modernization Program as defined in Section
29    10 of the O'Hare Modernization Act.
30        (b)  The City of Chicago may submit a project application
31    under the provisions of the Airport  and  Airway  Improvement
32    Act  of  1982,  as  now  or  hereafter  amended, or any other
 
                            -15-     LRB093 05825 RCE 17239 a
 1    federal law providing for airport planning or development, if
 2    the application is submitted in connection  with  the  O'Hare
 3    Modernization  Program as defined in Section 10 of the O'Hare
 4    Modernization Act, and the City may directly accept, receive,
 5    and disburse any such funds.
 6    (Source: P.A. 92-341, eff. 8-10-01.)

 7        (620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
 8        Sec.  47.  Operation  without  certificate  of   approval
 9    unlawful; applications.)  An application for a certificate of
10    approval  of  an  airport  or restricted landing area, or the
11    alteration or extension thereof, shall set forth, among other
12    things, the location of all railways, mains, pipes, conduits,
13    wires, cables, poles and other facilities and  structures  of
14    public  service  corporations or municipal or quasi-municipal
15    corporations, located within the area proposed to be acquired
16    or restricted, and the names of persons owning the  same,  to
17    the   extent   that   such   information  can  be  reasonably
18    ascertained by the applicant.
19        It shall  be  unlawful  for  any  municipality  or  other
20    political subdivision, or officer or employee thereof, or for
21    any  person,  to  make  any  alteration  or  extension  of an
22    existing airport or restricted landing area,  or  to  use  or
23    operate  any  airport or restricted landing area, for which a
24    certificate  of  approval  has  not  been   issued   by   the
25    Department;  Provided,  that no certificate of approval shall
26    be required for an airport or restricted landing  area  which
27    was  in  existence  and  approved by the Illinois Aeronautics
28    Commission, whether or not being operated, on or before  July
29    1,  1945,  or for the O'Hare Modernization Program as defined
30    in Section 10 of the O'Hare Modernization Act"; except that a
31    certificate of approval shall be required under this  Section
32    for  construction  of  a  new  runway at O'Hare International
33    Airport with a geographical orientation that  varies  from  a
 
                            -16-     LRB093 05825 RCE 17239 a
 1    geographical  east-west  orientation by more than 10 degrees,
 2    or for construction of a new  runway  at  that  airport  that
 3    would  result  in  more  than  8  runways being available for
 4    aircraft operations at that  airport.  The  Department  shall
 5    supervise,  monitor,  and  enforce compliance with the O'Hare
 6    Modernization Act by all  other  departments,  agencies,  and
 7    units of State and local government.
 8        Provisions  of  this  Section  do  not  apply  to special
 9    purpose aircraft designated as such by  the  Department  when
10    operating  to  or  from uncertificated areas other than their
11    principal base of operations,  provided  mutually  acceptable
12    arrangements  are  made with the property owner, and provided
13    the owner or operator of  the  aircraft  assumes  liabilities
14    which may arise out of such operations.
15    (Source: P.A. 81-840.)

16        (620 ILCS 5/47.1 new)
17        Sec.  47.1.  Review by Department of O'Hare Modernization
18    Program. The Department shall monitor the  design,  planning,
19    financing,  and  construction  of  the  O'Hare  Modernization
20    Program  as defined in Section 10 of the O'Hare Modernization
21    Act in order to ensure that the O'Hare Modernization  Program
22    proceeds  in  a timely, efficient, and safe manner, and shall
23    monitor the effects of the O'Hare  Modernization  Program  on
24    units   of   local   government  throughout  the  State.  The
25    Department shall file reports with the  General  Assembly  as
26    the  Department  deems  appropriate  concerning  the  design,
27    planning,   financing,   and   construction   of  the  O'Hare
28    Modernization Program as defined in Section 10 of the  O'Hare
29    Modernization   Act,   and   the   effects   of   the  O'Hare
30    Modernization Program on units of local government.

31        Section 95.  The Code of Civil Procedure  is  amended  by
32    changing  Section  2-103  and  adding  Section  7-103.149  as
 
                            -17-     LRB093 05825 RCE 17239 a
 1    follows:

 2        (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
 3        Sec.  2-103.  Public corporations - Local actions - Libel
 4    - Insurance companies.
 5        (a)  Actions must be brought against a public, municipal,
 6    governmental or quasi-municipal corporation in the county  in
 7    which  its  principal  office  is located or in the county in
 8    which the transaction or some part thereof  occurred  out  of
 9    which  the  cause  of  action  arose.    Except  as otherwise
10    provided in Section 7-102 of  this  Code,  if  the  cause  of
11    action  is  related  to  an  airport owned by a unit of local
12    government or the property or  aircraft  operations  thereof,
13    however,     including     an    action    challenging    the
14    constitutionality of this amendatory Act of the 93rd  General
15    Assembly,  the  action must be brought in the county in which
16    the unit of local government's principal office  is  located.
17    Actions  to  recover  damage  to  real  estate  which  may be
18    overflowed or otherwise damaged by reason of any act  of  the
19    corporation  may  be  brought  in  the  county where the real
20    estate or some part of it is situated, or in the county where
21    the corporation is  located,  at  the  option  of  the  party
22    claiming  to  be  injured.  Except  as  otherwise provided in
23    Section 7-102 of this Code,  any  cause  of  action  that  is
24    related  to  an  airport owned by a unit of local government,
25    and that is pending on or after the effective  date  of  this
26    amendatory Act of the 93rd General Assembly in a county other
27    than  the  county  in  which  the  unit of local government's
28    principal office  is  located,  shall  be  transferred,  upon
29    motion  of any party under Section 2-106 of this Code, to the
30    county in which the  unit  of  local  government's  principal
31    office is located.
32        (b)  Any  action  to  quiet  title  to real estate, or to
33    partition or recover possession thereof  or  to  foreclose  a
 
                            -18-     LRB093 05825 RCE 17239 a
 1    mortgage or other lien thereon, must be brought in the county
 2    in which the real estate or some part of it is situated.
 3        (c)  Any  action  which is made local by any statute must
 4    be brought in the county designated in the statute.
 5        (d)  Every action against any owner,  publisher,  editor,
 6    author  or  printer  of  a  newspaper  or magazine of general
 7    circulation for libel contained in that newspaper or magazine
 8    may be commenced only in the county in  which  the  defendant
 9    resides  or  has his, her or its principal office or in which
10    the  article  was  composed  or  printed,  except  when   the
11    defendant  resides  or  the  article was printed without this
12    State, in either of which cases the action may  be  commenced
13    in any county in which the libel was circulated or published.
14        (e)  Actions  against  any insurance company incorporated
15    under the law of this State or doing business in  this  State
16    may  also  be brought in any county in which the plaintiff or
17    one of the plaintiffs may reside.
18    (Source: P.A. 85-887.)

19        (735 ILCS 5/7-103.149 new)
20        Sec. 7-103.149. Quick-take; O'Hare Modernization  Program
21    purposes.  Quick-take  proceedings under Section 7-103 may be
22    used by the City of Chicago  for  the  purpose  of  acquiring
23    property within the area bounded on the north, between Carmen
24    Drive and the Union Pacific/Canadian Pacific Railroad, by Old
25    Higgins  Road, and between Old Higgins Road and Touhy Avenue,
26    by the Union Pacific/Canadian Pacific Railroad, and  east  of
27    the  Union  Pacific/Canadian Pacific Railroad by the northern
28    boundary of O'Hare existing on January 1, 2003; on  the  east
29    by  the  eastern  boundary  of  O'Hare existing on January 1,
30    2003; on the southeast by the southeastern boundary of O'Hare
31    existing on January 1, 2003; on the south between the eastern
32    boundary of O'Hare and the  Union  Pacific  Railroad  by  the
33    southern  boundary  of O'Hare existing on January 1, 2003; on
 
                            -19-     LRB093 05825 RCE 17239 a
 1    the south, between the Union Pacific Railroad  and  the  east
 2    boundary  of York Road by the Canadian Pacific railroad yard;
 3    on the west, between the Canadian Pacific Railroad  Yard  and
 4    the  railroad  spur intersecting York Road between Arthur and
 5    Pratt Avenues, by the east boundary of York Road; and on  the
 6    northwest,  between  York Road and the Union Pacific/Canadian
 7    Pacific Railroad, by  the  railroad  spur,  and  between  the
 8    railroad  spur  and  the  point at which the extended eastern
 9    boundary   of   Carmen    Drive    intersects    the    Union
10    Pacific/Canadian    Pacific    Railroad,    by    the   Union
11    Pacific/Canadian Pacific  Railroad,  and  between  the  Union
12    Pacific/Canadian  Pacific  Railroad  and Old Higgins Road, by
13    the extended eastern boundary of Carmen Drive and  by  Carmen
14    Drive,  for  the  O'Hare  Modernization Program as defined in
15    Section 10 of the O'Hare Modernization Act.

16        Section 96.  The Religious  Freedom  Restoration  Act  is
17    amended by adding Section 30 as follows:

18        (775 ILCS 35/30 new)
19        Sec.  30.  O'Hare  Modernization.  Nothing  in  this  Act
20    limits  the  authority of the City of Chicago to exercise its
21    powers under the O'Hare Modernization Act for the purposes of
22    relocation of cemeteries or the graves located therein.

23        Section 98.  Severability. The provisions of this Act are
24    severable under Section 1.31 of the Statute on Statutes.

25        Section 99.  Effective date. This Act takes  effect  upon
26    its becoming law, and Section 95 of this Act applies to cases
27    pending on or after the effective date.".