620 ILCS 65/ O'Hare Modernization Act.

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620 ILCS 65/1

(620 ILCS 65/1)

Sec. 1.

Short Title.

This Act may be cited as the O'Hare Modernization Act.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/5

(620 ILCS 65/5)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/10

(620 ILCS 65/10)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/15

(620 ILCS 65/15)

Sec. 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
 Article 20 of the Eminent Domain Act), 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
Article 20 of the Eminent Domain Act), 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 25-7-103.149 of the Eminent Domain Act.

(Source: P.A. 93-450, eff. 8-6-03; 94-1055, eff. 1-1-07.)

620 ILCS 65/20

(620 ILCS 65/20)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/21

(620 ILCS 65/21)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/25

(620 ILCS 65/25)

Sec. 25. Jurisdiction over airport property.

Airport property shall
not be subject to 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.

(Source: P.A. 97-813, eff. 7-13-12.)

620 ILCS 65/27

(620 ILCS 65/27)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/28

(620 ILCS 65/28)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/30

(620 ILCS 65/30)

Sec. 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.

(Source: P.A. 93-450, eff. 8-6-03.)

620 ILCS 65/90

(620 ILCS 65/90)

Sec. 90.

(Amendatory provisions; text omitted).