Illinois General Assembly - Full Text of Public Act 093-0450
Illinois General Assembly

Previous General Assemblies

Public Act 093-0450


 

Public Act 93-0450 of the 93rd General Assembly


Public Act 93-0450

HB0721 Enrolled                      LRB093 05825 DRH 05918 b

    AN ACT in relation to airports.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

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

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

    Section 10.  Definitions. As used in this Act:
    "Airport property" means (i) any property or an  interest
in  property  that  is,  or hereafter becomes, part of O'Hare
International Airport and (ii) any property or an interest in
property that is not part of  O'Hare  International  Airport,
but  that  is acquired by the City of Chicago for purposes of
air navigation or air safety  in  accordance  with  standards
established  by the Federal Aviation Administration. "Airport
property", however, shall not include any substitute property
acquired pursuant  to  Section  15  of  this  Act,  including
property acquired for cemetery purposes.
    "O'Hare   Modernization   Program"  means  the  plan  for
modernization  of  O'Hare  International   Airport   by   (1)
construction  and  reconfiguration  of runways, taxiways, and
facilities  for   movement   and   servicing   of   aircraft;
construction  of western airport access and related roadways;
construction  and  reconfiguration  of  roadways,  terminals,
passenger transportation facilities, parking facilities,  and
cargo  facilities;  construction  of  drainage and stormwater
management facilities; and related projects, within the  area
bounded  on  the  north,  between  Carmen Drive and the Union
Pacific/Canadian Pacific Railroad, by Old Higgins  Road,  and
between  Old  Higgins  Road  and  Touhy  Avenue, by the Union
Pacific/Canadian Pacific Railroad,  and  east  of  the  Union
Pacific/Canadian Pacific Railroad by the northern boundary of
O'Hare  existing  on  January  1,  2003;  on  the east by the
eastern boundary of O'Hare existing on January  1,  2003;  on
the southeast by the southeastern boundary of O'Hare existing
on January 1, 2003; on the south between the eastern boundary
of  O'Hare  and  the  Union  Pacific Railroad by the southern
boundary of O'Hare existing on January 1, 2003; on the south,
between the Union Pacific Railroad and the east  boundary  of
York Road by the Canadian Pacific railroad yard; on the west,
between  the  Canadian Pacific Railroad Yard and the railroad
spur intersecting York Road between Arthur and Pratt Avenues,
by the east boundary of York  Road;  and  on  the  northwest,
between  York  Road  and  the  Union Pacific/Canadian Pacific
Railroad, by the railroad spur, and between the railroad spur
and the point at  which  the  extended  eastern  boundary  of
Carmen  Drive  intersects  the Union Pacific/Canadian Pacific
Railroad, by the Union Pacific/Canadian Pacific Railroad, and
between the Union Pacific/Canadian Pacific Railroad  and  Old
Higgins  Road,  by  the  extended  eastern boundary of Carmen
Drive  and  by  Carmen  Drive;  and  (2)  provision  for  air
navigation and air safety outside  that  area  in  accordance
with   standards   established   by   the   Federal  Aviation
Administration.
    "O'Hare" means Chicago O'Hare International Airport.
    "City" means the City of Chicago.

    Section 15.  Acquisition of property. In addition to  any
other powers the City may have, and notwithstanding any other
law  to  the  contrary,  the City may acquire by gift, grant,
lease,  purchase,  condemnation  (including  condemnation  by
quick take under Section  7-103.149  of  the  Code  of  Civil
Procedure), or otherwise any right, title, or interest in any
private  property,  property held in the name of or belonging
to any public body or unit of  government,  or  any  property
devoted  to  a  public use, or any other rights or easements,
including any property, rights, or  easements  owned  by  the
State,  units  of  local  government,  or  school  districts,
including  forest preserve districts, for purposes related to
the O'Hare Modernization Program. The  powers  given  to  the
City  under  this  Section  include  the power to acquire, by
condemnation or otherwise, any  property  used  for  cemetery
purposes  within  or outside of the City, and to require that
the cemetery be removed to a different location.  The  powers
given  to  the  City  under this Section include the power to
condemn or otherwise acquire (other than by  condemnation  by
quick   take  under  Section  7-103  of  the  Code  of  Civil
Procedure), and to convey, substitute property when the  City
reasonably  determines that monetary compensation will not be
sufficient  or  practical  just  compensation  for   property
acquired   by   the   City  in  connection  with  the  O'Hare
Modernization Program. The acquisition of substitute property
is declared to be for public  use.  Property  acquired  under
this  Section  includes  property  that  the  City reasonably
determines will be necessary for future  use,  regardless  of
whether final regulatory or funding decisions have been made;
provided,  however,  that  quick-take  of  such  property  is
subject to Section 7-103.149 of the Code of Civil Procedure.

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

    Section 21.  Reimbursement for tax base losses.
    (a)  Whenever  the  City  acquires  parcels  of  property
within  any school district or community college district for
the O'Hare Modernization Program, the  City  shall,  for  the
following  taxable  year  and for each of the 5 taxable years
thereafter, pay to that district  the  amount  of  the  total
property  tax  liability  of  the  acquired  parcels  to  the
district  for  the  2002 taxable year, increased or decreased
each year by the percentage change of  the  district's  total
tax extension for the current taxable year from the total tax
extension for the prior taxable year; provided that no annual
increase shall exceed the lesser of 5% or the annual increase
in  the Consumer Price Index. Funds payable by the City under
this Section shall be paid exclusively from non-tax  revenues
generated at airports owned by the City, and shall not exceed
the  amount  of those funds that can be paid for that purpose
under 49 U.S.C. 47107(l)(2).
    (b)  Notwithstanding any other provision of this Section:
(i) no funds shall be payable by the City under this  Section
with  respect to any taxable year succeeding the 2009 taxable
year; (ii) in no event shall such  funds  be  payable  on  or
after  January  1,  2010;  (iii)  in no event shall the total
funds paid by the  City  pursuant  to  this  Section  to  all
districts  for all taxable years exceed $20,000,000; and (iv)
any amounts payable to a district by the City with respect to
any parcel of property for any taxable year shall be  reduced
by the amount of taxes actually paid to the district for that
taxable  year  with  respect  to that parcel or any leasehold
interest therein.
    (c)  Whenever the City acquires property that is  subject
to  this  Section,  the City shall notify the assessor of the
county in which the property is located. The assessor or  the
clerk  of  that  county shall, on an annual basis, notify the
affected school district or community college district of all
property that has been identified as being  subject  to  this
Section,  and  shall  provide  the district and the City with
such information  as  may  be  required  in  determining  the
amounts  payable  by  the  City  under this Section. The City
shall make payments as required by this Section no later than
90 days after that information is received  and  verified  by
the City.
    (d)  As  used  in  this  Section,  "Consumer Price Index"
means the Consumer Price Index for All  Urban  Consumers  for
all items published by the United States Department of Labor.
    Section  25.  Jurisdiction over airport property. Airport
property shall not be subject to the the laws of any unit  of
local government except as provided by ordinance of the City.
Plans  of  all  public  agencies  that  may affect the O'Hare
Modernization Program shall be  consistent  with  the  O'Hare
Modernization Program, and to the extent that any plan of any
public   agency  or  unit  or  division  of  State  or  local
government is  inconsistent  with  the  O'Hare  Modernization
Program, that plan is and shall be void and of no effect.

    Section  27.  Minority  and  women-owned  businesses  and
workers.  All  City  contracts  for  the O'Hare Modernization
Program shall be subject to all applicable ordinances of  the
City  governing  contracting  with  minority  and women-owned
businesses  and  prohibiting  discrimination  and   requiring
appropriate  affirmative  action with respect to minority and
women participants in  the  work  force,  including  but  not
limited to Section 2-92-330 of the Municipal Code of the City
of Chicago (relating to hiring of Chicago residents), Section
2-92-390  of  the  Municipal  Code  of  the  City  of Chicago
(relating to hiring of women and  minorities),  and  Sections
2-92-420  through  2-92-570 of the Municipal Code of the City
of Chicago (relating to contracting with  minority-owned  and
women-owned business enterprises), to the extent permitted by
law  and  federal  funding  restrictions. The City of Chicago
shall file semi-annual  reports  with  the  General  Assembly
documenting  compliance  with such ordinances with respect to
work performed as part of the  O'Hare  Modernization  Program
and  disclosing the extent to which that work is performed by
minority and women workers and minority-owned and women-owned
business enterprises.

    Section 28. Advisory Committee. An  O'Hare  Modernization
Advisory  Committee  is  established  to monitor, review, and
report the utilization of minority owned business enterprises
and women owned business enterprises, as defined  in  Section
2-92-420  in  the  Municipal Code of the City of Chicago, the
employment of women, and the  employment  of  minorities,  as
defined in Section 2-92-420 of the Municipal Code of the City
of Chicago, during the O'Hare Modernization project. The City
of   Chicago  shall  work  with  the  Advisory  Committee  in
accumulating  necessary  information  for  the  Committee  to
submit reports, as necessary, to the General Assembly and the
City of Chicago. The Committee shall consist of 13 members: 7
members selected by the Mayor  of  the  City  of  Chicago;  2
members  selected  by the President of the Illinois Senate; 2
members selected by the Speaker  of  the  Illinois  House  of
Representatives;  one  member selected by the Minority Leader
of the Illinois  Senate;  and  one  member  selected  by  the
Minority Leader of the Illinois House of Representatives.
    The  Advisory Committee shall meet periodically and shall
report the information gathered to the Mayor of the  City  of
Chicago and to the General Assembly by December 31st of every
year.

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

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

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

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

    (20 ILCS 3440/4.5 new)
    Sec.  4.5.  O'Hare  Modernization.  Nothing  in  this Act
limits the authority of the City of Chicago to  exercise  its
powers  under  the  O'Hare Modernization Act or requires that
City, or any person acting on behalf of that City, to  obtain
a  permit under this Act when acquiring property or otherwise
exercising its powers under the O'Hare Modernization Act.

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

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

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

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

    Section 93.  The Downstate Forest Preserve  District  Act
is amended by changing Section 5e as follows:

    (70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)
    Sec.  5e.   Property  owned by a forest preserve district
shall not  be  subject  to  eminent  domain  or  condemnation
proceedings,  except  as  otherwise provided in Section 15 of
the O'Hare Modernization Act.
(Source: P.A. 85-993.)

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

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

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

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

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

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

    Section  95.   The  Code of Civil Procedure is amended by
changing  Section  2-103  and  adding  Section  7-103.149  as
follows:

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

    (735 ILCS 5/7-103.149 new)
    Sec.  7-103.149. Quick-take; O'Hare Modernization Program
purposes. Quick-take proceedings under Section 7-103  may  be
used  by  the  City  of  Chicago for the purpose of acquiring
property within the area bounded on the north, between Carmen
Drive and the Union Pacific/Canadian Pacific Railroad, by Old
Higgins Road, and between Old Higgins Road and Touhy  Avenue,
by  the  Union Pacific/Canadian Pacific Railroad, and east of
the Union Pacific/Canadian Pacific Railroad by  the  northern
boundary  of  O'Hare existing on January 1, 2003; on the east
by the eastern boundary of  O'Hare  existing  on  January  1,
2003; on the southeast by the southeastern boundary of O'Hare
existing on January 1, 2003; on the south between the eastern
boundary  of  O'Hare  and  the  Union Pacific Railroad by the
southern boundary of O'Hare existing on January 1,  2003;  on
the  south,  between  the Union Pacific Railroad and the east
boundary of York Road by the Canadian Pacific railroad  yard;
on  the  west, between the Canadian Pacific Railroad Yard and
the railroad spur intersecting York Road between  Arthur  and
Pratt  Avenues, by the east boundary of York Road; and on the
northwest, between York Road and the  Union  Pacific/Canadian
Pacific  Railroad,  by  the  railroad  spur,  and between the
railroad spur and the point at  which  the  extended  eastern
boundary    of    Carmen    Drive    intersects   the   Union
Pacific/Canadian   Pacific    Railroad,    by    the    Union
Pacific/Canadian  Pacific  Railroad,  and  between  the Union
Pacific/Canadian Pacific Railroad and Old  Higgins  Road,  by
the  extended  eastern boundary of Carmen Drive and by Carmen
Drive, for the O'Hare Modernization  Program  as  defined  in
Section 10 of the O'Hare Modernization Act.

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

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

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

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

Effective Date: 08/06/03