2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 10/ - Interstate Airport Authorities Act.

(70 ILCS 10/0.01) (from Ch. 15 1/2, par. 250)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Interstate Airport Authorities Act.
(Source: P.A. 86-1324.)
(70 ILCS 10/1) (from Ch. 15 1/2, par. 251)
Sec. 1. 
		
		As used in this act;
(1) The term "party states" means the State of Illinois and any
adjoining state; and
(2) The term "governmental unit" means any city or county located within
the confines of any party state or any airport authority organized under
"An Act in relation to airport authorities" approved April 4, 1945, as
heretofore or hereafter amended, or any comparable authority organized
under the laws of another party state and authorized by the laws of such
state to combine with governmental units of other party states for the
purposes set forth herein: Provided, That the county, if the combining unit
is a county, or if the combining unit is a city or airport authority, the
county in which such city or airport authority, or the greater part
thereof, is located, has a common boundary of an adjoining party state.
(Source: Laws 1963, p. 2121.)
(70 ILCS 10/2) (from Ch. 15 1/2, par. 252)
Sec. 2. 
(a) Governmental units in each of the party states are hereby
authorized to combine in the creation of an airport authority for the
purpose of jointly supporting and operating an airport terminal and all
properties attached thereto. The number of such governmental units are
not limited as to character or size except that membership shall be
composed of an equal number of members from each party state, designated
or appointed by the legislative body of the participating governmental
unit: Provided, That the federal government may be represented by a
non-voting agent or representative if authorized by federal law.
(b) The authorized airport authority shall come into being upon the
passage of resolutions or ordinances containing identical agreement duly
and legally enacted by the legislative bodies of the governmental units
to be combined into the airport authority. If passage is by resolution,
it may be joint or several, however, the resolution, ordinance or
enabling legislation of the combining governmental units shall provide
for the number of members, the residence requirements of the members,
the length of term of the members and shall authorize the appointment of
an additional member to be made by the governor of each party state. If
the member appointed by the governor shall be selected from the
membership or staff of the Department of Aeronautics or its successor agency
or aeronautics
commission of his state, there shall be no limitation as to place of
residence, and the length of tenure of office shall be at the pleasure
of the governor.
(c) The respective members of the airport authority, except any
member representing the federal government, shall each be entitled to
one vote. Any action of the membership of the airport authority shall
not be official unless taken at a meeting in which a majority of the
voting members from each party state are present and unless a majority
of those from each state concur: Provided, That any action not binding
for such reason may be ratified within thirty days by the concurrence of
a majority of the members of each party state. In the absence of any
member, his vote may be cast by another representative or member of his
state if the representative casting such vote shall have a written
proxy in proper form as may be required by the airport authority.
(d) The airport authority may sue and be sued, and shall adopt an
official seal.
(e) The airport authority shall have the power to appoint and remove
or discharge personnel as may be necessary for the performance of the
airport's functions irrespective of the civil service, personnel or
other merit system laws of either of the party states.
(f) The airport authority shall elect annually, from its membership,
a chairman, a vice-chairman and a treasurer.
(g) The airport authority may establish and maintain or participate
in programs of employee benefits as may be appropriate to afford
employees of the airport authority terms and conditions of employment
similar to those enjoyed by the employees of each of the party states.
(h) The airport authority may borrow, accept, or contract for the
services of personnel from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or from any
institution, person, firm or corporation.
(i) The airport authority may accept for any of its purposes and
functions any and all donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any
state, from the United States, from any subdivision or agency thereof,
from any interstate agency, or from any institution, person, firm or
corporation; and may receive, utilize and dispose of the same.
(j) The airport authority may establish and maintain such facilities
as may be necessary for the transaction of its business. The airport
authority may acquire, hold and convey real and personal property and
any interest therein, and may enter into such contracts for the
improvements upon real estate appurtenant to the airport, including
farming, extracting minerals, subleasing, subdividing, promoting and
developing of such real estate as shall aid and encourage the
development and service of the airport. The airport authority may engage
contractors to provide airport services, and shall carefully observe all
appropriate federal or state regulations in the operation of the air
facility.
(k) The airport authority may adopt official rules and regulations
for the conduct of its business, and may amend or rescind the same when
necessary.
(l) The airport authority shall annually make a report to the
governor of each party state concerning the activities of the airport
authority for the preceding year; and shall embody in such report
recommendations as may have been adopted by the airport authority. The
copies of such report shall be submitted to the legislature or general
assembly of each of the party states at any regular session of such
legislative body. The airport authority may issue such additional
reports as may be deemed necessary.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(70 ILCS 10/3) (from Ch. 15 1/2, par. 253)
Sec. 3. 
		
		(a) A party state shall not be obligated to appropriate funds of
the state for the development, support and maintenance of the airport
authority. All revenue received from the air facility and the property,
both real and personal, within the jurisdiction and control of the airport
authority shall be applied to the maintenance and development of the air
facility. All limitations upon expenditures, which may be an element of
title to the real estate held by the airport authority, shall be observed.
(b) Revenue bonds to be retired exclusively from income received from
the operation of the air facility may be issued by the airport authority
and in the name of such authority in accordance with the laws of the state
in which the air facility is located, which laws prescribe the terms and
conditions for the issuance of revenue bonds by airport authorities.
(c) The airport authority may secure loans from private financing and
offer as collateral those assets, real, personal or mixed, not inconsistent
with the laws of the state in which the airport is located.
(d) Each year on or before the first day of July, the airport authority
shall prepare a budget of its estimated expenditures for the fiscal year
beginning on the first day of January of the succeeding year and shall on
or before the first of July submit a copy of said report to the various
combining governmental units. The estimated expenditures shall be allocated
and prorated equally between the various combining governmental units and a
statement of the allocated amount shall be included in the copy of the
budgetary report submitted to the combining governmental units. To provide
funds to pay its share of the proposed expenditures, each combining
governmental unit is authorized to annually levy a tax on property located
within the governmental unit at a rate sufficient to raise funds to pay its
prorated share of estimated expenditures. Said tax shall be levied and
collected in the same manner as other property taxes are levied and
collected by the governmental unit and in accordance with the tax laws of
the state in which such unit is located. The money raised by the levying of
such tax shall be appropriated and distributed to the airport authority by
the governmental unit: Provided, That such funds so appropriated shall be
used exclusively for the development and maintenance of the air facility.
(e) The airport authority may meet any of its obligations in whole or in
part with funds made available to it under the provisions of section 2 of
this Act: Provided, That the airport authority takes specific action
setting aside such funds prior to the incurring of any obligation to be met
in whole or in part in this manner.
(f) The expenses and any other costs for each member of the airport
authority shall be met by the airport authority in accordance with such
standards and procedures as it may establish under its bylaws and rules and
regulations.
(g) The airport authority shall be required to keep accurate record of
all accounts of receipts and disbursements. The receipts and disbursements
of the airport authority shall be subject to an annual audit, and
accounting procedures established under its bylaws: Provided, That all
receipts and disbursements of funds handled by the airport authority shall
be audited by a qualified public accountant and the report of the audit
shall be incorporated into and become a part of the annual report of the
airport authority.
(h) The accounts of the airport authority shall be open to inspection by
the general public at any reasonable time.
(Source: Laws 1963, P. 2121.)
(70 ILCS 10/4) (from Ch. 15 1/2, par. 254)
Sec. 4. 
		The airport authority shall have the power to:
(1) Operate and conduct an airport;
(2) Operate farming operations on real estate appurtenant to the
airport;
(3) Exercise the power of eminent domain in accordance with the laws of
the state in which the airport is located;
(4) Maintain, operate and extend water and sewer systems on the real
estate of the land appurtenant to the airport, and make and collect charges
for services;
(5) Construct and lease industrial and aviation buildings on the land
appurtenant to the airport;
(6) Lease land, now owned by any combining governmental unit, suitable
for an airport facility, for a term of not less than 99
years;
(7) Secure expert guidance on the development of an area air facility to
the end that the interests of the area are best served; and to implement
that development within the laws of the party states;
(8) Establish and fix by ordinance a restricted zone for such distances
in any direction from the boundaries of such airport facility as in the
opinion of the airport authority is necessary and practicable, regulating
the height of structures to provide free air space for access by aircraft
and for the safe use of the airport, all in a manner not in conflict with
the existing laws of the party state in which the airport is located;
(9) Accept, receive and receipt for federal moneys and other moneys,
public or private, for the acquisition, construction, enlargement,
improvement, maintenance, equipment or operation of airports and other air
navigation facilities and sites therefor;
(10) Buy and sell machinery for aviation purposes; and to negotiate and
contract for personal services, materials and supplies: Provided, That
whenever personal property is to be purchased or sold, there shall be due
notice and competitive bidding as directed and required by the laws of the
state in which the airport is located; and
(11) Perform all functions and do all acts that are necessary to the
total development of a commercial and industrial air facility, not
inconsistent with the laws of the party states.
(Source: P.A. 90-655, eff. 7-30-98.)
(70 ILCS 10/4.5)
Sec. 4.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 10/5) (from Ch. 15 1/2, par. 255)
Sec. 5. 
		
		This authority to combine into an airport authority shall become
effective at the time when reciprocal authorizing legislation is duly and
legally enacted by a party state authorizing governmental units within its
confines to combine with governmental units within this state in an airport
authority.
(Source: Laws 1963, P. 2121.)
(70 ILCS 10/6) (from Ch. 15 1/2, par. 256)
Sec. 6. 
		
		The provisions herein shall be severable; and, if any phrase,
clause, sentence or provision of this act is declared to be invalid or
illegal, or the applicability thereof to any state, agency, person or
circumstances is held to be invalid, the validity of the remainder and
applicability thereof to any other state, agency, person or circumstance
shall not be affected thereby. It is the legislative intent that the
provisions of this act be reasonably and liberally construed.
(Source: Laws 1963, P. 2121.)
(70 ILCS 10/7) (from Ch. 15 1/2, par. 257)
Sec. 7. 
		
		Prior to the commencement of proceedings for the acquisition
and establishment of such airports, landing fields, or other air
navigation facilities, approval of such acquisition or establishment of
such airports, landing fields or other air navigation facilities shall
be secured and granted by the Department of Transportation
of this state
and by the appropriate department or commission exercising comparable
functions in any other party state involved.
(Source: P.A. 81-840.)