Bill Text: IL SB2651 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2651 Detail]

Download: Illinois-2011-SB2651-Amended.html

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Sen. Toi W. Hutchinson

Filed: 4/24/2012

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AMENDMENT TO SENATE BILL 2651
AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing
everything after the enacting clause with the following:
"ARTICLE 1. TITLE AND DEFINITIONS
Section 1-1. Short title. This Act may be cited as the
South Suburban Airport Authority Act.
Section 1-5. Definitions. As used in this Act:
"Airport" means a facility for passenger, cargo, or
military air service, including, without limitation, landing
fields, taxiways, aprons, runways, runway clear areas,
hangars, aircraft service facilities, approaches, navigational
aids, terminals, inspection facilities, parking, internal
transit facilities, fueling facilities, cargo handling
facilities, concessions, rapid transit and roadway access,
land and interests in land, public waters, submerged land under

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

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school district, municipal corporation, unit of local
government, or airport authority.
"South Suburban Airport" means the airport to be developed
on a site located in Will County and approved by the Federal
Aviation Administration in the Record of Decision for Tier 1:
FAA Site Approval And Land Acquisition By The State Of
Illinois, Proposed South Suburban Airport, Will County,
Illinois, dated July 2002. The airport location is reflected in
Figure R-3 of the Record of Decision, and includes all of the
land lying within the ultimate acquisition boundary depicted in
Figure R-3. The ultimate airport boundaries shall be modified
to reflect the ultimate airport boundaries in an airport layout
plan approved by the Federal Aviation Administration, or any
successor agency, and as reflected later in any approved
airport layout plan.
ARTICLE 2. PURPOSE AND FINDINGS
Section 2-5. Purpose. The purpose of this Act is to create
the Authority as an Illinois political subdivision, municipal
corporation, and unit of local government with the powers set
forth in this Act, including power to take all needed steps for
the ownership, planning, acquisition, design, construction,
development, and operation of the South Suburban Airport.
Section 2-10. Findings. It is found and declared by the

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

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operation of the South Suburban Airport.
ARTICLE 3. ESTABLISHMENT
Section 3-5. Creation of the Authority. There is created
the South Suburban Airport Authority, which shall be an
Illinois political subdivision, municipal corporation, and
unit of local government.
ARTICLE 4. GOVERNANCE
Section 4-5. Board of Directors.
(a) The governing body of the Authority shall be a Board of
Directors. The Board of Directors shall have 9 directors
appointed as follows:
(1) four directors shall be appointed by the Will
County Executive, with the advice and consent of the Will
County Board; one of these 4 directors shall be a resident
of the 6 township eastern Will County area consisting of
the townships of Crete, Green Garden, Monee, Peotone,
Washington and Will;
(2) one director shall be appointed collectively by the
municipalities of Beecher, Crete, Monee, Peotone and
University Park; the selection procedure for this director
shall be as follows: the village president of each
municipality, with the advice and consent of the

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

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

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

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

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

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

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

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

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

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

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prohibitions of Section 4-35 when, in its judgment, the public
interest in having the individual in the service of the
Authority outweighs the public policy evidenced in that
Section. An exemption is effective only when it is filed with
the Secretary of the Authority and includes a statement
approved by the Board setting forth the name of the individual
and all the pertinent facts that would make that Section
applicable, setting forth the reason for the exemption, and
declaring the individual exempted from that Section. Notice of
each exemption shall be published in the minutes of the meeting
at which the exemption was approved.
Section 4-45. Meetings and records. The provisions of the
Open Meetings Act and Illinois law concerning availability of
public records shall apply to all meetings and records of the
Authority.
ARTICLE 5. INTERIM PLANNING
Section 5-5. South Suburban Airport. The Illinois
Department of Transportation and the South Suburban Airport
Authority shall serve as co-sponsors of the South Suburban
Airport until the Federal Aviation Administration issues a
record of decision and an environmental impact statement
concerning the airport layout plan for the South Suburban
Airport or until July 1, 2014, whichever is earlier. Upon the

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creation of the Authority, the Authority shall enter into an
agreement with the Department to complete all ongoing projects,
including the Airport Master Plan, and assist the Federal
Aviation Administration in preparing and approving the
Environmental Impact Statement and Record of Decision.
Thereafter, the South Suburban Airport Authority shall serve as
the sponsor of the South Suburban Airport. To the extent
otherwise required by law, the Department shall serve as a
co-sponsor of the South Suburban Airport.
ARTICLE 6. POWERS
Section 6-5. General airport powers. The Authority has the
power to plan, develop, secure permits, licenses, and approvals
for, acquire, develop, construct, equip, own, and operate the
South Suburban Airport. The Authority also has the power to
own, operate, acquire facilities for, construct, improve,
repair, maintain, renovate, and expand the South Suburban
Airport, including any facilities located on the site of the
South Suburban Airport for use by any individual or entity
other than the Authority. The development of the South Suburban
Airport shall also include all land, highways, waterways, mass
transit facilities, and other infrastructure that, in the
determination of the Authority, are necessary or appropriate in
connection with the development or operation of the South
Suburban Airport. The development of the South Suburban Airport

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

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

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

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

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

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

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

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

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

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

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

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

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

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expenses arising out of use of such property or interests in
property.
Section 6-80. Additional powers. The Authority has any
additional powers necessary to implement and perform the powers
and duties assigned the Authority under this Act. Such
additional powers shall not extend to override or abrogate
limitations imposed in this Act on the exercise of the
Authority's power.
Section 6-85. Regulations. The Authority may adopt
regulations governing its exercise of authority in this Act.
ARTICLE 7. FINANCE
Section 7-5. Supervision of finances. The Board shall
control the finances of the Authority, including adopting
budgets and capital plans, imposing fees and charges, engaging
consultants and professional advisors, entering into contracts
with airport users of the South Suburban Airport, conveying
property, entering into contracts for the acquisition of
property or for goods or services (except such contracts as may
be entered into on behalf of the Authority pursuant to
authorization as delegated by the Board), borrowing money,
issuing bonds, and granting security interests in the
Authority's revenues. The Board shall establish and may, from

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

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

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

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

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

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

09700SB2651sam001 - 38 - LRB097 16178 JWD 68776 a
and from credit enhancement or other security for the bonds,
including but not limited to guarantees, letters of credit, or
other security or insurance, for the benefit of bond holders.
Bonds may be issued in one or more series and may have a claim
for payment and be secured either separately or on a parity
with any other bonds. Bonds shall be secured as provided in the
authorizing resolution, which may include, in addition to any
other security, a specific pledge or assignment of or grant of
a lien on or security interest in any or all funds and revenues
of the Authority and a mortgage or security interest in the
leasehold of a user of facilities financed by the bonds. Any
such pledge, assignment, lien, or security interest on funds
and revenues shall be valid and binding from the times the
bonds are issued, without any necessity of physical delivery,
filing, recording, or further act, and shall be valid and
binding as against and prior to the claims of all other parties
having claims of any kind against the Authority or any other
person irrespective of whether such other parties have notice
of the pledge assignment, lien, or security interest. The
Authority may provide for the creation of, deposits in, and
regulation and disposition of sinking fund or reserve accounts
relating to the bonds. The Authority may make provision, as
part of the contract with the owners of the bonds, for the
creation of one or more separate funds to provide for the
payment of principal and interest on the bonds and for the
deposit in the funds from any one or more sources of revenues

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

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

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

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

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

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No bonds or other obligations of the Authority shall be a debt
or obligation of the State of Illinois or other governmental
entity, or treated as indebtedness of the State of Illinois or
other governmental entity, or require the levy, imposition, or
application of any tax by the State of Illinois or other
governmental entity. Amounts appropriated or provided to be
appropriated at any time to the Authority from the State of
Illinois may not be directly or indirectly pledged or assigned
or be subject to a lien or security interest or otherwise
promised to be used to pay debt service on any bonds.
Section 7-55. Hiring and contracting practices.
(a) The Authority may adopt an affirmative action program
as authorized, permitted, or required by law.
(b) The Authority may adopt a program for contracting with
minority and female owned businesses as authorized, permitted,
or required by law.
ARTICLE 8. ACQUISITION AND TRANSFER OF STATE AIRPORT PROPERTY
AND PAYMENT FOR SUCH PROPERTY
Section 8-5. Completion of property acquisition for the
inaugural site. The Department shall continue to acquire the
property lying partially or wholly within the inaugural airport
boundary. The inaugural boundary is depicted in Figure R-3 in
the Federal Aviation Administration's Record of Decision for

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

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

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

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limited to municipalities, airport authorities or joint
airport commissions, may develop, construct, own or operate an
airport on the site identified in this Act as the South
Suburban Airport.
ARTICLE 10. PROCEDURES AND LIMITATIONS
Section 10-5. Hearings and citizen participation.
(a) The Authority shall provide for and encourage
participation by the public in the development and review of
major decisions concerning the development and operation of the
South Suburban Airport.
(b) The Authority shall hold such public hearings as may be
required by this Act or other law or as it may deem appropriate
to the performance of any of its functions.
(c) The Authority shall hold a public hearing prior to the
imposition of any zoning regulation.
(d) At least 10 days' notice shall be given of each hearing
under this Article in a newspaper of general circulation in the
region. The Authority may designate one or more directors or
hearing officers to preside over any hearing under this
Section.
Section 10-10. Limitation on actions. The Local
Governmental and Governmental Employees Tort Immunity Act
shall apply to the Authority and all its directors, officers,

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and employees.
ARTICLE 11. AMENDATORY PROVISIONS
Section 11-5. The Archaeological and Paleontological
Resources Protection Act is amended by adding Section 1.75 as
follows:
(20 ILCS 3435/1.75 new)
Sec. 1.75. South Suburban Airport. Nothing in this Act
limits the authority of the South Suburban Airport Authority to
exercise its powers under the South Suburban Airport Authority
Act or requires that Authority, or any person acting on its
behalf, to obtain a permit under this Act when acquiring
property or otherwise exercising its powers under the South
Suburban Airport Authority Act.
Section 11-10. The Human Skeletal Remains Protection Act is
amended by adding Section 4.75 as follows:
(20 ILCS 3440/4.75 new)
Sec. 4.75. South Suburban Airport. Nothing in this Act
limits the authority of the South Suburban Airport Authority to
exercise its powers under the South Suburban Airport Authority
Act or requires that Authority, or any person acting on its
behalf, to obtain a permit under this Act when acquiring

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

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foreign trade zone.
(f) The Greater Rockford Airport Authority.
(g) The South Suburban Airport Authority.
(h) The Illinois International Port District.
(B) (g) After the effective date of this amendatory Act of
1984, any county, city, village or town within the State or a
public or private corporation authorized or licensed to do
business in the State or any combination thereof may apply to
the Foreign Trade Zones Board, United States Department of
Commerce, for the right to establish, operate and maintain a
foreign trade zone and sub-zones. For the purposes of this
Section, such foreign trade zone or sub-zones may be
incorporated outside the corporate boundaries or be made up of
areas from adjoining counties or states.
(C) (h) No foreign trade zone may be established within 50
miles of an existing zone situated in a county with 3,000,000
or more inhabitants or within 35 miles of an existing zone
situated in a county with less than 3,000,000 inhabitants, such
zones having been created pursuant to this Act without the
permission of the authorities which established the existing
zone.
(Source: P.A. 85-471.)
Section 11-20. The Governmental Account Audit Act is
amended by changing Section 1 as follows:

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

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

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the reports relate.
(Source: P.A. 92-191, eff. 8-1-01; 92-582, eff. 7-1-02.)
Section 11-25. The Illinois Municipal Code is amended by
changing Section 11-51-1 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. Nothing in
this Section limits the power of the South Suburban Airport
Authority to acquire property or otherwise exercise its powers

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under the South Suburban Airport Authority Act.
(Source: P.A. 93-450, eff. 8-6-03.)
Section 11-30. 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 and
property in which a forest preserve district is the grantee of
a conservation easement or the grantee of a conservation right
as defined in Section 1(a) of the Real Property Conservation
Rights Act shall not be subject to eminent domain or
condemnation proceedings, except as otherwise provided in
Section 15 of the O'Hare Modernization Act and Section 6-40 of
the South Suburban Airport Authority Act.
(Source: P.A. 95-111, eff. 8-13-07.)
Section 11-35. 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

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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;

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(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

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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

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

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

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

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

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power to acquire property by condemnation or eminent domain.
South Suburban Airport Authority Act; South Suburban
Airport Authority; for general purposes.
Section 11-45. The Religious Freedom Restoration Act is
amended by changing Section 30 as follows:
(775 ILCS 35/30)
Sec. 30. O'Hare Modernization and South Suburban Airport.
Nothing in this Act limits the authority of the City of Chicago
to exercise its powers under the O'Hare Modernization Act, or
the South Suburban Airport Authority to exercise its powers
under the South Suburban Airport Authority Act, for the
purposes of relocation of cemeteries or the graves located
therein.
(Source: P.A. 93-450, eff. 8-6-03.)
ARTICLE 12. SEVERABILITY
Section 12-5. Severability; construction. The provisions
of this Act are severable under Section 1.31 of the Statute of
Statutes. The provisions of this Act shall be reasonably and
liberally construed to achieve the purposes for the
establishment of the Authority.
ARTICLE 13. STATE MANDATES ACT

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Section 13-5. The State Mandates Act is amended by adding
Section 8.36 as follows:
(30 ILCS 805/8.36 new)
Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 97th General Assembly.
ARTICLE 99. EFFECTIVE DATE
Section 99-99. Effective date. This Act takes effect
January 1, 2013.".