Illinois 2023-2024 Regular Session

Illinois House Bill HB3786 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3786 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new30 ILCS 105/5.990 new Creates the Alexander/Pulaski Medical District Act. Creates the Alexander/Pulaski Medical District covering specified areas from the City of Cairo to north of the City of Pulaski in Alexander County and Pulaski County. Creates the Commission of the District with 9 appointed commissioners and 3 ex officio commissioners. Contains provisions related to the operation of the District, rights and powers of the District and Commission, acquisition, management, and disposition of property, and other provisions. Amends the Eminent Domain Act and State Finance Act making conforming changes. Amends the Court of Claims Act replacing a reference to a dissolved medical district commission with the Alexander/Pulaski Medical District Commission and the other existing medical district commissions. Effective immediately. LRB103 30036 AWJ 56457 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3786 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new30 ILCS 105/5.990 new New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new 30 ILCS 105/5.990 new Creates the Alexander/Pulaski Medical District Act. Creates the Alexander/Pulaski Medical District covering specified areas from the City of Cairo to north of the City of Pulaski in Alexander County and Pulaski County. Creates the Commission of the District with 9 appointed commissioners and 3 ex officio commissioners. Contains provisions related to the operation of the District, rights and powers of the District and Commission, acquisition, management, and disposition of property, and other provisions. Amends the Eminent Domain Act and State Finance Act making conforming changes. Amends the Court of Claims Act replacing a reference to a dissolved medical district commission with the Alexander/Pulaski Medical District Commission and the other existing medical district commissions. Effective immediately. LRB103 30036 AWJ 56457 b LRB103 30036 AWJ 56457 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3786 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new30 ILCS 105/5.990 new New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new 30 ILCS 105/5.990 new
44 New Act
55 705 ILCS 505/8 from Ch. 37, par. 439.8
66 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1
77 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2
88 735 ILCS 30/15-5-49 new
99 30 ILCS 105/5.990 new
1010 Creates the Alexander/Pulaski Medical District Act. Creates the Alexander/Pulaski Medical District covering specified areas from the City of Cairo to north of the City of Pulaski in Alexander County and Pulaski County. Creates the Commission of the District with 9 appointed commissioners and 3 ex officio commissioners. Contains provisions related to the operation of the District, rights and powers of the District and Commission, acquisition, management, and disposition of property, and other provisions. Amends the Eminent Domain Act and State Finance Act making conforming changes. Amends the Court of Claims Act replacing a reference to a dissolved medical district commission with the Alexander/Pulaski Medical District Commission and the other existing medical district commissions. Effective immediately.
1111 LRB103 30036 AWJ 56457 b LRB103 30036 AWJ 56457 b
1212 LRB103 30036 AWJ 56457 b
1313 A BILL FOR
1414 HB3786LRB103 30036 AWJ 56457 b HB3786 LRB103 30036 AWJ 56457 b
1515 HB3786 LRB103 30036 AWJ 56457 b
1616 1 AN ACT concerning local government.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 1. Short title. This Act may be cited as the
2020 5 Alexander/Pulaski Medical District Act.
2121 6 Section 5. Creation of District; purpose. The
2222 7 Alexander/Pulaski Medical District is created within Alexander
2323 8 County and Pulaski County as follows:
2424 9 (1) South boundary: the Mississippi River.
2525 10 (2) East boundary: the Ohio River.
2626 11 (3) North boundary: Modglin Road in Pulaski County in
2727 12 a line directly west to Illinois Route 127 and Modglin
2828 13 Road in a line directly east to the county line.
2929 14 (4) West boundary: Interstate 57 from the Mississippi
3030 15 River to Illinois Route 3, and then Illinois Route 3 to
3131 16 Olive Branch Road, and then Illinois Route 127 to the
3232 17 north boundary line.
3333 18 The District is created to attract and retain academic
3434 19 centers of excellence, viable health care facilities, medical
3535 20 research facilities, emerging high-technology enterprises, and
3636 21 other facilities and uses as permitted by this Act.
3737 22 Section 10. The Alexander/Pulaski Medical District
3838
3939
4040
4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3786 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
4242 New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new30 ILCS 105/5.990 new New Act 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2 735 ILCS 30/15-5-49 new 30 ILCS 105/5.990 new
4343 New Act
4444 705 ILCS 505/8 from Ch. 37, par. 439.8
4545 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1
4646 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2
4747 735 ILCS 30/15-5-49 new
4848 30 ILCS 105/5.990 new
4949 Creates the Alexander/Pulaski Medical District Act. Creates the Alexander/Pulaski Medical District covering specified areas from the City of Cairo to north of the City of Pulaski in Alexander County and Pulaski County. Creates the Commission of the District with 9 appointed commissioners and 3 ex officio commissioners. Contains provisions related to the operation of the District, rights and powers of the District and Commission, acquisition, management, and disposition of property, and other provisions. Amends the Eminent Domain Act and State Finance Act making conforming changes. Amends the Court of Claims Act replacing a reference to a dissolved medical district commission with the Alexander/Pulaski Medical District Commission and the other existing medical district commissions. Effective immediately.
5050 LRB103 30036 AWJ 56457 b LRB103 30036 AWJ 56457 b
5151 LRB103 30036 AWJ 56457 b
5252 A BILL FOR
5353
5454
5555
5656
5757
5858 New Act
5959 705 ILCS 505/8 from Ch. 37, par. 439.8
6060 705 ILCS 505/22-1 from Ch. 37, par. 439.22-1
6161 705 ILCS 505/22-2 from Ch. 37, par. 439.22-2
6262 735 ILCS 30/15-5-49 new
6363 30 ILCS 105/5.990 new
6464
6565
6666
6767 LRB103 30036 AWJ 56457 b
6868
6969
7070
7171
7272
7373
7474
7575
7676
7777 HB3786 LRB103 30036 AWJ 56457 b
7878
7979
8080 HB3786- 2 -LRB103 30036 AWJ 56457 b HB3786 - 2 - LRB103 30036 AWJ 56457 b
8181 HB3786 - 2 - LRB103 30036 AWJ 56457 b
8282 1 Commission.
8383 2 (a) The Alexander/Pulaski Medical District Commission is
8484 3 created. The Commission's general purpose, in addition to
8585 4 those other purposes and powers set forth in this Act, is to:
8686 5 (1) maintain the proper surroundings for a medical
8787 6 center and a related technology center in order to
8888 7 attract, stabilize, and retain within the District
8989 8 hospitals, clinics, research facilities, educational
9090 9 facilities, or other facilities permitted under this Act;
9191 10 and
9292 11 (2) provide for the orderly creation, maintenance,
9393 12 development, and expansion of (i) health care facilities
9494 13 and other ancillary or related facilities that the
9595 14 Commission determines are established and operated (A) for
9696 15 any aspect of the carrying out of the Commission's
9797 16 purposes as set forth in this Act, (B) for the study,
9898 17 diagnosis, and treatment of human ailments and injuries,
9999 18 whether physical or mental, or (C) to promote medical,
100100 19 surgical, and scientific research and knowledge as
101101 20 permitted under this Act, and (ii) medical research and
102102 21 high-technology parks, together with the necessary lands,
103103 22 buildings, facilities, equipment, and personal property
104104 23 for those parks.
105105 24 (b) The Commission has perpetual succession and the power
106106 25 to contract and be contracted with, to sue and, except in tort
107107 26 actions, to be sued, to plead and be impleaded, to have and use
108108
109109
110110
111111
112112
113113 HB3786 - 2 - LRB103 30036 AWJ 56457 b
114114
115115
116116 HB3786- 3 -LRB103 30036 AWJ 56457 b HB3786 - 3 - LRB103 30036 AWJ 56457 b
117117 HB3786 - 3 - LRB103 30036 AWJ 56457 b
118118 1 a common seal, and to alter the common seal. All tort actions
119119 2 against the Commission shall be prosecuted in the Court of
120120 3 Claims. The principal office of the Commission shall be
121121 4 located at a hospital operated within the District. The
122122 5 Commission may hire or contract with any personnel as the
123123 6 Commission deems advisable to carry out the purposes of this
124124 7 Act and the work of the Commission.
125125 8 (c) The Commission shall consist of 12 appointed
126126 9 commissioners and 3 ex officio commissioners. Of the
127127 10 commissioners appointed, 3 shall be appointed by the Governor,
128128 11 3 shall be appointed by the Mayor of Cairo, 3 shall be
129129 12 appointed by the Alexander County Board Chairperson, and 3
130130 13 shall be appointed by the Pulaski County Board Chairperson.
131131 14 All appointed commissioners shall hold office for a 3-year
132132 15 term ending on December 31 until their successors are
133133 16 appointed and have qualified; except that, of the initial
134134 17 appointed commissioners, the Governor, Mayor, and county
135135 18 chairpersons shall each appoint one appointee for a term
136136 19 ending December 31, 2025, shall each appoint one appointee for
137137 20 a term ending December 31, 2026, and shall each appoint one
138138 21 appointee for a term ending December 31, 2027. The Director of
139139 22 Commerce and Economic Opportunity or his or her designee, the
140140 23 Director of Public Health or his or her designee, and the
141141 24 Secretary of Human Services or his or her designee shall serve
142142 25 as ex officio commissioners.
143143 26 (d) Any vacancy in the office of an appointed commissioner
144144
145145
146146
147147
148148
149149 HB3786 - 3 - LRB103 30036 AWJ 56457 b
150150
151151
152152 HB3786- 4 -LRB103 30036 AWJ 56457 b HB3786 - 4 - LRB103 30036 AWJ 56457 b
153153 HB3786 - 4 - LRB103 30036 AWJ 56457 b
154154 1 occurring by reason of the death, resignation,
155155 2 disqualification, removal, or inability or refusal to act by
156156 3 the commissioner shall be filled by the authority that
157157 4 appointed the commissioner for the unexpired term of office of
158158 5 that commissioner.
159159 6 (e) The Commission shall hold regular meetings annually
160160 7 for the election of a president, vice president, secretary,
161161 8 and treasurer, for the adoption of a budget, and for any other
162162 9 business that may properly come before it. The Commission
163163 10 shall establish the duties and responsibilities of its
164164 11 officers by rule. The president or any 3 commissioners of the
165165 12 Commission may call special meetings of the Commission. Each
166166 13 commissioner shall take an oath of office for the faithful
167167 14 performance of his or her duties. The Commission may not
168168 15 transact business at a meeting of the Commission unless there
169169 16 is present at the meeting a quorum consisting of at least 9
170170 17 commissioners. Meetings may be held by telephone conference or
171171 18 other communications equipment by means of which all persons
172172 19 participating in the meeting can communicate with each other.
173173 20 (f) The Commission shall submit to the General Assembly,
174174 21 not later than March 1 of each even numbered year, a detailed
175175 22 report covering its operations for the 2 preceding calendar
176176 23 years and a statement of its program for the next 2 years.
177177 24 (g) Neither the Commission nor the District has any power
178178 25 to tax.
179179 26 (h) The Commission is a public body and is subject to the
180180
181181
182182
183183
184184
185185 HB3786 - 4 - LRB103 30036 AWJ 56457 b
186186
187187
188188 HB3786- 5 -LRB103 30036 AWJ 56457 b HB3786 - 5 - LRB103 30036 AWJ 56457 b
189189 HB3786 - 5 - LRB103 30036 AWJ 56457 b
190190 1 Open Meetings Act and the Freedom of Information Act.
191191 2 Section 15. Grants; loans; appropriations; contracts. The
192192 3 Commission may apply for and accept grants, loans, or
193193 4 appropriations from the State of Illinois, the federal
194194 5 government, a state or federal agency or instrumentality, a
195195 6 unit of local government, or any other person or entity to be
196196 7 used for any of the purposes of the District. The Commission
197197 8 may enter into any agreement with the State of Illinois, the
198198 9 federal government, a state or federal instrumentality, a unit
199199 10 of local government, or any other person or entity in relation
200200 11 to the grants, matching grants, loans, or appropriations.
201201 12 The Commission may, by contract, accept and collect from
202202 13 entities that enter into the contract assessments or fees for
203203 14 District enhancements and improvements, common area shared
204204 15 services, shared facilities, or other activities or
205205 16 expenditures in furtherance of the purposes of this Act.
206206 17 The Commission may make grants to neighborhood
207207 18 organizations within the District for the purpose of
208208 19 benefiting the District.
209209 20 Section 20. Property; acquisition. The Commission may
210210 21 acquire the fee simple title to real property lying within the
211211 22 District and personal property required for its purposes, by
212212 23 gift, purchase, or otherwise. Title shall be taken in the
213213 24 corporate name of the Commission. The Commission may lease any
214214
215215
216216
217217
218218
219219 HB3786 - 5 - LRB103 30036 AWJ 56457 b
220220
221221
222222 HB3786- 6 -LRB103 30036 AWJ 56457 b HB3786 - 6 - LRB103 30036 AWJ 56457 b
223223 HB3786 - 6 - LRB103 30036 AWJ 56457 b
224224 1 real property located within the District and personal
225225 2 property found by the Commission to be necessary for its
226226 3 purposes and to which the Commission finds that it need not
227227 4 acquire the fee simple title for carrying out those purposes.
228228 5 The Commission may acquire in its corporate name, under
229229 6 the provisions for the exercise of the right of eminent domain
230230 7 under the Eminent Domain Act, all real and personal property
231231 8 within the District, except for (i) property owned and used
232232 9 for purposes authorized under this Act by medical institutions
233233 10 or allied educational institutions, hospitals, dispensaries,
234234 11 clinics, dormitories or homes for the nurses, doctors,
235235 12 students, instructors, or other officers or employees of those
236236 13 institutions located in the District, (ii) real property that
237237 14 is used for offices or for recreational purposes in connection
238238 15 with the institutions listed in (i), or (iii) any improved
239239 16 residential property within a historical district properly
240240 17 designated under a federal statute or a State or local statute
241241 18 that has been certified by the Secretary of the Interior of the
242242 19 United States to the Secretary of the Treasury of the United
243243 20 States as containing criteria that will substantially achieve
244244 21 the purpose of preserving and rehabilitating buildings of
245245 22 historical significance to the District.
246246 23 The Commission has no quick-take powers, no zoning powers,
247247 24 and no power to establish or enforce building codes. The
248248 25 Commission may not acquire any property pursuant to this
249249 26 Section before a comprehensive master plan has been approved
250250
251251
252252
253253
254254
255255 HB3786 - 6 - LRB103 30036 AWJ 56457 b
256256
257257
258258 HB3786- 7 -LRB103 30036 AWJ 56457 b HB3786 - 7 - LRB103 30036 AWJ 56457 b
259259 HB3786 - 7 - LRB103 30036 AWJ 56457 b
260260 1 under Section 60. Property owned by and exclusively used by
261261 2 the Commission is exempt from taxation.
262262 3 Section 25. Construction and improvements.
263263 4 (a) The Commission may, within the District and in its
264264 5 corporate capacity, construct or make improvements to, or
265265 6 cause to be constructed or improved, a hospital, sanitarium,
266266 7 clinic, laboratory, or any other institution, building,
267267 8 structure, or ancillary or related facility that the
268268 9 Commission determines should be established and operated for
269269 10 any one or more of the following purposes:
270270 11 (1) carrying out of any aspect of the Commission's
271271 12 purposes as set forth in this Act;
272272 13 (2) studying, diagnosing, and treating human ailments
273273 14 and injuries, whether physical or mental, or promoting
274274 15 medical, surgical, and scientific research and knowledge;
275275 16 (3) supporting and nurturing facilities and uses
276276 17 permitted by this Act;
277277 18 (4) providing a nursing facility, extended care
278278 19 facility, or other facilities that the Commission finds
279279 20 useful in the study of, research in, or treatment of
280280 21 illnesses or infirmities specific to the elderly;
281281 22 (5) providing institutions that engage in the
282282 23 training, education, or rehabilitation of persons with a
283283 24 disability, as that term is defined in Section 10 of the
284284 25 Disabilities Services Act of 2003;
285285
286286
287287
288288
289289
290290 HB3786 - 7 - LRB103 30036 AWJ 56457 b
291291
292292
293293 HB3786- 8 -LRB103 30036 AWJ 56457 b HB3786 - 8 - LRB103 30036 AWJ 56457 b
294294 HB3786 - 8 - LRB103 30036 AWJ 56457 b
295295 1 (6) providing office buildings for physicians or
296296 2 dealers in medical accessories;
297297 3 (7) providing dormitories, homes, or residences for
298298 4 the medical profession, including interns, nurses,
299299 5 students, or other officers or employees of the
300300 6 institutions within the District, or for the use of
301301 7 relatives of patients in the hospitals or other
302302 8 institutions within the District;
303303 9 (8) rehabilitating or establishing of residential
304304 10 structures within a historic district properly designated
305305 11 under a federal statute or a State or local statute that
306306 12 has been certified by the Secretary of the Interior of the
307307 13 United States to the Secretary of the Treasury of the
308308 14 United States as containing criteria that will
309309 15 substantially achieve the purpose of preserving and
310310 16 rehabilitating buildings of historic significance to the
311311 17 District, or any other areas of the District as the
312312 18 Commission may designate;
313313 19 (9) facilitating research, development, and
314314 20 production, in any of the fields of medicine, chemistry,
315315 21 pharmaceuticals, or physics, of genetically engineered
316316 22 products;
317317 23 (10) providing biotechnology, information technology,
318318 24 medical technology, or environmental technology; and
319319 25 (11) researching and developing engineering or
320320 26 computer technology related to the medical field.
321321
322322
323323
324324
325325
326326 HB3786 - 8 - LRB103 30036 AWJ 56457 b
327327
328328
329329 HB3786- 9 -LRB103 30036 AWJ 56457 b HB3786 - 9 - LRB103 30036 AWJ 56457 b
330330 HB3786 - 9 - LRB103 30036 AWJ 56457 b
331331 1 The Commission may construct or improve, or cause to be
332332 2 constructed or improved, these institutions, buildings,
333333 3 structures, or ancillary or related facilities after a public
334334 4 hearing is held by any commissioner or other person authorized
335335 5 by the Commission to conduct the hearing.
336336 6 (b) The Illinois Procurement Code applies to any
337337 7 construction or improvements undertaken pursuant to this
338338 8 Section, and the Commission shall conduct all procurements in
339339 9 a manner that is consistent with that Code. Construction or
340340 10 improvement may not be undertaken pursuant to this Section
341341 11 before a comprehensive master plan has been approved by the
342342 12 Commission under Section 60.
343343 13 Section 30. Relocation assistance. The Commission may
344344 14 provide relocation assistance to persons and entities
345345 15 displaced by the Commission's acquisition of property and
346346 16 improvement of the District. Relocation assistance shall not
347347 17 be less than would be provided by the federal government to a
348348 18 displaced person under the federal Uniform Relocation
349349 19 Assistance and Real Property Acquisition Policies Act of 1970
350350 20 and the regulations promulgated under that Act. As used in
351351 21 this Section, "displaced person" has the meaning ascribed to
352352 22 that term in 42 U.S.C. 4601. Relocation assistance may include
353353 23 assistance with the moving of a residential unit to a new
354354 24 location. The Commission shall identify an individual to serve
355355 25 as a single point of contact for information about relocation
356356
357357
358358
359359
360360
361361 HB3786 - 9 - LRB103 30036 AWJ 56457 b
362362
363363
364364 HB3786- 10 -LRB103 30036 AWJ 56457 b HB3786 - 10 - LRB103 30036 AWJ 56457 b
365365 HB3786 - 10 - LRB103 30036 AWJ 56457 b
366366 1 assistance provided under this Section.
367367 2 Section 35. Disposition of Property.
368368 3 (a) The Commission may sell, convey, or lease, all at fair
369369 4 market value, any title or interest in real property owned by
370370 5 it to any person or persons to be used, subject to the
371371 6 restrictions of this Act, for the purposes stated in this Act,
372372 7 for the purpose of serving persons using the facilities
373373 8 offered within the District, or for carrying out of any aspect
374374 9 of the Commission's purposes under Section 10, subject to the
375375 10 restrictions on the use of the real property as the Commission
376376 11 determines will carry out the purpose of this Act. To ensure
377377 12 that real property sold, conveyed, or leased under this
378378 13 subsection is used in accordance with this Act, the Commission
379379 14 shall inquire into and satisfy itself concerning the financial
380380 15 ability of the purchaser, conveyee, or lessee to complete the
381381 16 project for which the real property is sold, conveyed, or
382382 17 leased in accordance with a written plan to be submitted by the
383383 18 purchaser, conveyee, or lessee to the Commission. Under the
384384 19 plan, the purchaser, conveyee, or lessee shall promise (i) to
385385 20 use the land for the purposes designated in the presented
386386 21 plan, (ii) to commence and complete the construction of the
387387 22 buildings or other structures to be included in the project
388388 23 within the periods of time that the Commission determines, and
389389 24 (iii) to comply with any other conditions that the Commission
390390 25 determines are necessary to carry out the project.
391391
392392
393393
394394
395395
396396 HB3786 - 10 - LRB103 30036 AWJ 56457 b
397397
398398
399399 HB3786- 11 -LRB103 30036 AWJ 56457 b HB3786 - 11 - LRB103 30036 AWJ 56457 b
400400 HB3786 - 11 - LRB103 30036 AWJ 56457 b
401401 1 All sales, conveyances, and leases authorized in this
402402 2 subsection shall be made on the condition that, if used other
403403 3 than for the purposes prescribed in this Act, or unused for a
404404 4 period of at least one year, title to the property reverts to
405405 5 the Commission. All sales, conveyances, and leases made by the
406406 6 Commission to any person for use by residents or any other
407407 7 person shall be on the condition that if the resident or other
408408 8 person violates any of the restrictions as to the use of the
409409 9 property as the Commission has determined will carry out the
410410 10 purposes of this Act, then title to the property reverts to the
411411 11 Commission. If, however, the Commission finds that financing
412412 12 necessary for the acquisition or lease of any real estate or
413413 13 for the construction of any building or improvement to be used
414414 14 for purposes prescribed in this Act cannot be obtained if
415415 15 title to the land, building, or improvement is subject to such
416416 16 a reverter provision, the finding shall be made by the
417417 17 Commission after a public hearing is held. Upon the finding
418418 18 being made, the Commission may cause the real property to be
419419 19 conveyed free of a reverter provision if at least 9
420420 20 commissioners vote in favor of the sale, conveyance, or lease
421421 21 without the reverter provision. The Commission may also
422422 22 include, in the sales agreement, conveyance, lease agreement,
423423 23 or other documentation, provisions for notice of the
424424 24 violations or default and how to cure violations or default
425425 25 for the benefit of any lender or mortgagee as the Commission
426426 26 may determine is appropriate.
427427
428428
429429
430430
431431
432432 HB3786 - 11 - LRB103 30036 AWJ 56457 b
433433
434434
435435 HB3786- 12 -LRB103 30036 AWJ 56457 b HB3786 - 12 - LRB103 30036 AWJ 56457 b
436436 HB3786 - 12 - LRB103 30036 AWJ 56457 b
437437 1 If, at a regularly scheduled meeting, the Commission
438438 2 resolves that a parcel of real estate conveyed or leased by it,
439439 3 or in which it has sold the fee simple title or any lesser
440440 4 estate, is not being used for the purposes prescribed in this
441441 5 Act or has been unused for a period of at least one year, the
442442 6 Commission may file a lawsuit in the circuit court of either
443443 7 Alexander or Pulaski counties to enforce the terms of the
444444 8 sale, conveyance, or lease. If a reverter of title to any
445445 9 property is ordered by the court under the terms of this Act,
446446 10 the interest of the Commission shall be subject to any then
447447 11 existing, valid mortgage or trust deed in the nature of a
448448 12 mortgage, but if the title is acquired through foreclosure of
449449 13 that mortgage or trust deed or by deed in lieu of foreclosure
450450 14 of that mortgage or trust deed, then the title to the property
451451 15 shall not revert, but shall be subject to the restrictions as
452452 16 to use, but not any penalty for nonuse, contained in this Act
453453 17 with respect to any mortgagee in possession or its successor
454454 18 or assigns.
455455 19 (b) If, at a regularly scheduled meeting, the Commission
456456 20 resolves that a parcel of real estate that is owned by the
457457 21 Commission is no longer needed for District purposes, the
458458 22 Commission may authorize the sale or public auction of the
459459 23 parcel. The resolution shall direct the sale to be conducted
460460 24 by (i) the staff of the Commission, (ii) listing with local
461461 25 licensed real estate agencies, in which case the terms of the
462462 26 agent's compensation shall be included in the resolution,
463463
464464
465465
466466
467467
468468 HB3786 - 12 - LRB103 30036 AWJ 56457 b
469469
470470
471471 HB3786- 13 -LRB103 30036 AWJ 56457 b HB3786 - 13 - LRB103 30036 AWJ 56457 b
472472 HB3786 - 13 - LRB103 30036 AWJ 56457 b
473473 1 (iii) or public auction. The resolution shall be published at
474474 2 the first opportunity following its passage in a newspaper
475475 3 published in the District or, if none, then in a newspaper
476476 4 published in the county where the District is located. The
477477 5 resolution shall also contain pertinent information concerning
478478 6 the size, use, and zoning of the parcel and the terms of sale.
479479 7 (c) The Commission may not sell, convey, or lease any
480480 8 property pursuant to this Section before a comprehensive
481481 9 master plan has been approved under Section 60.
482482 10 Section 40. Notice. Before holding a public hearing
483483 11 required under Section 35 or a meeting regarding the passage
484484 12 of a resolution to file a lawsuit, the Commission shall give
485485 13 notice to the grantee or lessee, or his or her legal
486486 14 representatives, successors, or assigns, of the time and place
487487 15 of the proceeding. The notice shall be accompanied by a
488488 16 statement signed by the secretary of the Commission, or by any
489489 17 person authorized by the Commission to sign the statement,
490490 18 setting forth any act or things done or omitted to be done in
491491 19 violation, or claimed to be in violation, of any restriction
492492 20 on the use of the property, whether the restriction is
493493 21 prescribed in any of the terms of this Act or by any
494494 22 restriction on the use of the property determined by the
495495 23 Commission under the terms of this Act. The notice of the time
496496 24 and place fixed for the proceeding shall also be given to any
497497 25 person as the Commission deems necessary. The notice may be
498498
499499
500500
501501
502502
503503 HB3786 - 13 - LRB103 30036 AWJ 56457 b
504504
505505
506506 HB3786- 14 -LRB103 30036 AWJ 56457 b HB3786 - 14 - LRB103 30036 AWJ 56457 b
507507 HB3786 - 14 - LRB103 30036 AWJ 56457 b
508508 1 given by registered mail, addressed to the grantee, lessee, or
509509 2 legal representatives, successors, or assigns, at the last
510510 3 known address of the grantee, lessee, or legal
511511 4 representatives, successors, or assigns.
512512 5 Section 45. Rules. The Commission may adopt rules,
513513 6 pursuant to the Illinois Administrative Procedure Act,
514514 7 regarding the exercise of its powers, governing its
515515 8 proceedings, and regulating all hearings held by it or at its
516516 9 direction, and it may also amend those rules.
517517 10 Section 50. Official documents. Copies of all official
518518 11 documents, findings, and orders of the Commission, certified
519519 12 by a commissioner or by the secretary of the Commission to be
520520 13 true copies of the originals, under the official seal of the
521521 14 Commission, shall be evidence as if those copies were the
522522 15 originals.
523523 16 Section 55. Judicial review. A party may obtain a judicial
524524 17 review of a final order or decision of the Commission in the
525525 18 circuit court of either Alexander or Pulaski counties only in
526526 19 accordance with the provisions of the Administrative Review
527527 20 Law and the rules adopted under that Law. The circuit court
528528 21 shall take judicial notice of all the rules of practice and
529529 22 procedure of the Commission.
530530
531531
532532
533533
534534
535535 HB3786 - 14 - LRB103 30036 AWJ 56457 b
536536
537537
538538 HB3786- 15 -LRB103 30036 AWJ 56457 b HB3786 - 15 - LRB103 30036 AWJ 56457 b
539539 HB3786 - 15 - LRB103 30036 AWJ 56457 b
540540 1 Section 60. Master plan; improvement and management of the
541541 2 District. The Commission shall prepare and approve a
542542 3 comprehensive master plan under Section 60 for the orderly
543543 4 development and management of all property within the
544544 5 District. The master plan, and any amendment to the master
545545 6 plan, shall not take effect, however, until it has been
546546 7 approved by the Commission. The Commission shall take the
547547 8 actions permitted to be taken by it under this Act as it may
548548 9 determine are appropriate to provide conditions most favorable
549549 10 for the special care and treatment of the sick and injured, for
550550 11 the study of disease, and for any other purpose set forth in
551551 12 this Act. In the master plan, the Commission may provide for
552552 13 shared services and facilities within the District for the
553553 14 accredited schools of medicine and the licensed nonprofit
554554 15 acute care hospitals within the District.
555555 16 Section 65. Public hearings. The Commission shall conduct
556556 17 a public hearing before taking any of the actions described in
557557 18 Section 25, making specified reverter-related findings under
558558 19 Section 35, or approving a comprehensive master plan under
559559 20 Section 60. The Commission shall also conduct a public hearing
560560 21 whenever it is otherwise required by law to do so and may
561561 22 conduct a public hearing whenever it may elect to do so. If
562562 23 there is no law governing a specific type of public hearing,
563563 24 the Commission shall conduct that public hearing pursuant to
564564 25 the Open Meetings Act and this Section.
565565
566566
567567
568568
569569
570570 HB3786 - 15 - LRB103 30036 AWJ 56457 b
571571
572572
573573 HB3786- 16 -LRB103 30036 AWJ 56457 b HB3786 - 16 - LRB103 30036 AWJ 56457 b
574574 HB3786 - 16 - LRB103 30036 AWJ 56457 b
575575 1 The Commission may authorize a commissioner or other
576576 2 person of legal age to conduct a hearing not otherwise
577577 3 required by law. The commissioner or other authorized person
578578 4 may (i) administer oaths and affirmations, (ii) take the
579579 5 testimony of witnesses, (iii) take and receive the production
580580 6 of papers, books, records, accounts, and documents, (iv)
581581 7 receive pertinent evidence, and (v) certify the record of the
582582 8 hearing. The record of the hearing shall become part of the
583583 9 Commission's record. Notice of the time, place, and purpose of
584584 10 the hearing shall be given by a single publication notice in a
585585 11 secular newspaper or newspapers of general circulation within
586586 12 Alexander and Pulaski counties at least 10 days before the
587587 13 date of the hearing.
588588 14 Section 70. Disposition of money; income fund; rental
589589 15 moneys; audits.
590590 16 (a) Money received by the Commission from the sale,
591591 17 conveyance, or lease of any property, in excess of the amount
592592 18 expended by the Commission for authorized purposes under this
593593 19 Act, shall be deposited into the Alexander/Pulaski Medical
594594 20 District Income Fund, a special fund that is created in the
595595 21 State treasury, and may be expended as provided in this
596596 22 Section and this Act.
597597 23 (b) The Commission may use all money deposited into the
598598 24 Alexander/Pulaski Medical District Income Fund from rentals
599599 25 for the purposes of planning, acquisition, and development of
600600
601601
602602
603603
604604
605605 HB3786 - 16 - LRB103 30036 AWJ 56457 b
606606
607607
608608 HB3786- 17 -LRB103 30036 AWJ 56457 b HB3786 - 17 - LRB103 30036 AWJ 56457 b
609609 HB3786 - 17 - LRB103 30036 AWJ 56457 b
610610 1 property within the District, for the operation, maintenance,
611611 2 and improvement of property of the Commission, and for all
612612 3 purposes and powers set forth in this Act.
613613 4 (c) The Auditor General shall conduct audits of the
614614 5 Commission in the same manner as the Auditor General conducts
615615 6 audits of State agencies under the Illinois State Auditing
616616 7 Act. The Auditor General shall, at least biennially, audit or
617617 8 cause to be audited all records and accounts of the Commission
618618 9 pertaining to the operation of the District.
619619 10 Section 75. Attorney General. The Attorney General is the
620620 11 legal advisor to the Commission and shall prosecute or defend,
621621 12 as the case may be, all actions brought by or against the
622622 13 Commission.
623623 14 Section 900. The Court of Claims Act is amended by
624624 15 changing Sections 8, 22-1, and 22-2 as follows:
625625 16 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
626626 17 Sec. 8. Court of Claims jurisdiction; deliberation
627627 18 periods. The court shall have exclusive jurisdiction to hear
628628 19 and determine the following matters:
629629 20 (a) All claims against the State founded upon any law
630630 21 of the State of Illinois or upon any regulation adopted
631631 22 thereunder by an executive or administrative officer or
632632 23 agency; provided, however, the court shall not have
633633
634634
635635
636636
637637
638638 HB3786 - 17 - LRB103 30036 AWJ 56457 b
639639
640640
641641 HB3786- 18 -LRB103 30036 AWJ 56457 b HB3786 - 18 - LRB103 30036 AWJ 56457 b
642642 HB3786 - 18 - LRB103 30036 AWJ 56457 b
643643 1 jurisdiction (i) to hear or determine claims arising under
644644 2 the Workers' Compensation Act or the Workers' Occupational
645645 3 Diseases Act, or claims for expenses in civil litigation,
646646 4 or (ii) to review administrative decisions for which a
647647 5 statute provides that review shall be in the circuit or
648648 6 appellate court.
649649 7 (b) All claims against the State founded upon any
650650 8 contract entered into with the State of Illinois.
651651 9 (c) All claims against the State for time unjustly
652652 10 served in prisons of this State when the person imprisoned
653653 11 received a pardon from the Governor stating that such
654654 12 pardon is issued on the ground of innocence of the crime
655655 13 for which he or she was imprisoned or he or she received a
656656 14 certificate of innocence from the Circuit Court as
657657 15 provided in Section 2-702 of the Code of Civil Procedure;
658658 16 provided, the amount of the award is at the discretion of
659659 17 the court; and provided, the court shall make no award in
660660 18 excess of the following amounts: for imprisonment of 5
661661 19 years or less, not more than $85,350; for imprisonment of
662662 20 14 years or less but over 5 years, not more than $170,000;
663663 21 for imprisonment of over 14 years, not more than $199,150;
664664 22 and provided further, the court shall fix attorney's fees
665665 23 not to exceed 25% of the award granted. On or after the
666666 24 effective date of this amendatory Act of the 95th General
667667 25 Assembly, the court shall annually adjust the maximum
668668 26 awards authorized by this subsection (c) to reflect the
669669
670670
671671
672672
673673
674674 HB3786 - 18 - LRB103 30036 AWJ 56457 b
675675
676676
677677 HB3786- 19 -LRB103 30036 AWJ 56457 b HB3786 - 19 - LRB103 30036 AWJ 56457 b
678678 HB3786 - 19 - LRB103 30036 AWJ 56457 b
679679 1 increase, if any, in the Consumer Price Index For All
680680 2 Urban Consumers for the previous calendar year, as
681681 3 determined by the United States Department of Labor,
682682 4 except that no annual increment may exceed 5%. For the
683683 5 annual adjustments, if the Consumer Price Index decreases
684684 6 during a calendar year, there shall be no adjustment for
685685 7 that calendar year. The transmission by the Prisoner
686686 8 Review Board or the clerk of the circuit court of the
687687 9 information described in Section 11(b) to the clerk of the
688688 10 Court of Claims is conclusive evidence of the validity of
689689 11 the claim. The changes made by this amendatory Act of the
690690 12 95th General Assembly apply to all claims pending on or
691691 13 filed on or after the effective date.
692692 14 (d) All claims against the State for damages in cases
693693 15 sounding in tort, if a like cause of action would lie
694694 16 against a private person or corporation in a civil suit,
695695 17 and all like claims sounding in tort against the Illinois
696696 18 Medical District Center Commission, the Mid-Illinois
697697 19 Medical District Commission, the Mid-America Medical
698698 20 District Commission, the Roseland Community Medical
699699 21 District Commission, the Alexander/Pulaski Medical
700700 22 District Commission, the Board of Trustees of the
701701 23 University of Illinois, the Board of Trustees of Southern
702702 24 Illinois University, the Board of Trustees of Chicago
703703 25 State University, the Board of Trustees of Eastern
704704 26 Illinois University, the Board of Trustees of Governors
705705
706706
707707
708708
709709
710710 HB3786 - 19 - LRB103 30036 AWJ 56457 b
711711
712712
713713 HB3786- 20 -LRB103 30036 AWJ 56457 b HB3786 - 20 - LRB103 30036 AWJ 56457 b
714714 HB3786 - 20 - LRB103 30036 AWJ 56457 b
715715 1 State University, the Board of Trustees of Illinois State
716716 2 University, the Board of Trustees of Northeastern Illinois
717717 3 University, the Board of Trustees of Northern Illinois
718718 4 University, the Board of Trustees of Western Illinois
719719 5 University, or the Board of Trustees of the Illinois
720720 6 Mathematics and Science Academy; provided, that an award
721721 7 for damages in a case sounding in tort, other than certain
722722 8 cases involving the operation of a State vehicle described
723723 9 in this paragraph, shall not exceed the sum of $2,000,000
724724 10 to or for the benefit of any claimant. The $2,000,000
725725 11 limit prescribed by this Section does not apply to an
726726 12 award of damages in any case sounding in tort arising out
727727 13 of the operation by a State employee of a vehicle owned,
728728 14 leased or controlled by the State. The defense that the
729729 15 State, or the Illinois Medical District Center Commission,
730730 16 the Mid-Illinois Medical District Commission, the
731731 17 Mid-America Medical District Commission, the Roseland
732732 18 Community Medical District Commission, the
733733 19 Alexander/Pulaski Medical District Commission, or the
734734 20 Board of Trustees of the University of Illinois, the Board
735735 21 of Trustees of Southern Illinois University, the Board of
736736 22 Trustees of Chicago State University, the Board of
737737 23 Trustees of Eastern Illinois University, the Board of
738738 24 Trustees of Governors State University, the Board of
739739 25 Trustees of Illinois State University, the Board of
740740 26 Trustees of Northeastern Illinois University, the Board of
741741
742742
743743
744744
745745
746746 HB3786 - 20 - LRB103 30036 AWJ 56457 b
747747
748748
749749 HB3786- 21 -LRB103 30036 AWJ 56457 b HB3786 - 21 - LRB103 30036 AWJ 56457 b
750750 HB3786 - 21 - LRB103 30036 AWJ 56457 b
751751 1 Trustees of Northern Illinois University, the Board of
752752 2 Trustees of Western Illinois University, or the Board of
753753 3 Trustees of the Illinois Mathematics and Science Academy
754754 4 is not liable for the negligence of its officers, agents,
755755 5 and employees in the course of their employment is not
756756 6 applicable to the hearing and determination of such
757757 7 claims. The changes to this Section made by this
758758 8 amendatory Act of the 100th General Assembly apply only to
759759 9 claims filed on or after July 1, 2015.
760760 10 The court shall annually adjust the maximum awards
761761 11 authorized by this subsection to reflect the increase, if
762762 12 any, in the Consumer Price Index For All Urban Consumers
763763 13 for the previous calendar year, as determined by the
764764 14 United States Department of Labor. The Comptroller shall
765765 15 make the new amount resulting from each annual adjustment
766766 16 available to the public via the Comptroller's official
767767 17 website by January 31 of every year.
768768 18 (e) All claims for recoupment made by the State of
769769 19 Illinois against any claimant.
770770 20 (f) All claims pursuant to the Line of Duty
771771 21 Compensation Act. A claim under that Act must be heard and
772772 22 determined within one year after the application for that
773773 23 claim is filed with the Court as provided in that Act.
774774 24 (g) All claims filed pursuant to the Crime Victims
775775 25 Compensation Act.
776776 26 (h) All claims pursuant to the Illinois National
777777
778778
779779
780780
781781
782782 HB3786 - 21 - LRB103 30036 AWJ 56457 b
783783
784784
785785 HB3786- 22 -LRB103 30036 AWJ 56457 b HB3786 - 22 - LRB103 30036 AWJ 56457 b
786786 HB3786 - 22 - LRB103 30036 AWJ 56457 b
787787 1 Guardsman's Compensation Act. A claim under that Act must
788788 2 be heard and determined within one year after the
789789 3 application for that claim is filed with the Court as
790790 4 provided in that Act.
791791 5 (i) All claims authorized by subsection (a) of Section
792792 6 10-55 of the Illinois Administrative Procedure Act for the
793793 7 expenses incurred by a party in a contested case on the
794794 8 administrative level.
795795 9 (Source: P.A. 100-1124, eff. 11-27-18.)
796796 10 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
797797 11 Sec. 22-1. Within 1 year from the date that such an injury
798798 12 was received or such a cause of action accrued, any person who
799799 13 is about to commence any action in the Court of Claims against
800800 14 the State of Illinois, the Illinois Medical District Center
801801 15 Commission, the Mid-Illinois Medical District Commission, the
802802 16 Mid-America Medical District Commission, the Roseland
803803 17 Community Medical District Commission, the Alexander/Pulaski
804804 18 Medical District Commission, the Board of Trustees of the
805805 19 University of Illinois, the Board of Trustees of Southern
806806 20 Illinois University, the Board of Trustees of Chicago State
807807 21 University, the Board of Trustees of Eastern Illinois
808808 22 University, the Board of Trustees of Governors State
809809 23 University, the Board of Trustees of Illinois State
810810 24 University, the Board of Trustees of Northeastern Illinois
811811 25 University, the Board of Trustees of Northern Illinois
812812
813813
814814
815815
816816
817817 HB3786 - 22 - LRB103 30036 AWJ 56457 b
818818
819819
820820 HB3786- 23 -LRB103 30036 AWJ 56457 b HB3786 - 23 - LRB103 30036 AWJ 56457 b
821821 HB3786 - 23 - LRB103 30036 AWJ 56457 b
822822 1 University, the Board of Trustees of Western Illinois
823823 2 University, or the Board of Trustees of the Illinois
824824 3 Mathematics and Science Academy, for damages on account of any
825825 4 injury to his person shall file in the office of the Attorney
826826 5 General and also in the office of the Clerk of the Court of
827827 6 Claims, either by himself, his agent, or attorney, giving the
828828 7 name of the person to whom the cause of action has accrued, the
829829 8 name and residence of the person injured, the date and about
830830 9 the hour of the accident, the place or location where the
831831 10 accident occurred, a brief description of how the accident
832832 11 occurred, and the name and address of the attending physician,
833833 12 if any, except as otherwise provided by the Crime Victims
834834 13 Compensation Act.
835835 14 In actions for death by wrongful act, neglect or default,
836836 15 the executor of the estate, or in the event there is no will,
837837 16 the administrator or other personal representative of the
838838 17 decedent, shall file within 1 year of the date of death or the
839839 18 date that the executor or administrator is qualified,
840840 19 whichever occurs later, in the office of the Attorney General
841841 20 and also in the office of the Clerk of the Court of Claims,
842842 21 giving the name of the person to whom the cause of action has
843843 22 accrued, the name and last residence of the decedent, the date
844844 23 of the accident causing death, the date of the decedent's
845845 24 demise, the place or location where the accident causing the
846846 25 death occurred, the date and about the hour of the accident, a
847847 26 brief description of how the accident occurred, and the names
848848
849849
850850
851851
852852
853853 HB3786 - 23 - LRB103 30036 AWJ 56457 b
854854
855855
856856 HB3786- 24 -LRB103 30036 AWJ 56457 b HB3786 - 24 - LRB103 30036 AWJ 56457 b
857857 HB3786 - 24 - LRB103 30036 AWJ 56457 b
858858 1 and addresses of the attending physician and treating hospital
859859 2 if any, except as otherwise provided by the Crime Victims
860860 3 Compensation Act.
861861 4 A claimant is not required to file the notice required by
862862 5 this Section if he or she files his or her claim within one
863863 6 year of its accrual.
864864 7 (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
865865 8 (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
866866 9 Sec. 22-2. If the notice provided for by Section 22-1 is
867867 10 not filed as provided in that Section, any such action
868868 11 commenced against the State of Illinois, the Illinois Medical
869869 12 District Center Commission, the Mid-Illinois Medical District
870870 13 Commission, the Mid-America Medical District Commission, the
871871 14 Roseland Community Medical District Commission, the
872872 15 Alexander/Pulaski Medical District Commission, the Board of
873873 16 Trustees of the University of Illinois, the Board of Trustees
874874 17 of Southern Illinois University, the Board of Trustees of
875875 18 Chicago State University, the Board of Trustees of Eastern
876876 19 Illinois University, the Board of Trustees of Governors State
877877 20 University, the Board of Trustees of Illinois State
878878 21 University, the Board of Trustees of Northeastern Illinois
879879 22 University, the Board of Trustees of Northern Illinois
880880 23 University, the Board of Trustees of Western Illinois
881881 24 University, or the Board of Trustees of the Illinois
882882 25 Mathematics and Science Academy, shall be dismissed and the
883883
884884
885885
886886
887887
888888 HB3786 - 24 - LRB103 30036 AWJ 56457 b
889889
890890
891891 HB3786- 25 -LRB103 30036 AWJ 56457 b HB3786 - 25 - LRB103 30036 AWJ 56457 b
892892 HB3786 - 25 - LRB103 30036 AWJ 56457 b
893893 1 person to whom any such cause of action accrued for any
894894 2 personal injury shall be forever barred from further action in
895895 3 the Court of Claims for such personal injury, except as
896896 4 otherwise provided by the Crime Victims Compensation Act.
897897 5 (Source: P.A. 89-4, eff. 1-1-96.)
898898 6 Section 905. The Eminent Domain Act is amended by changing
899899 7 Section 15-5-49 as follows:
900900 8 (735 ILCS 30/15-5-49 new)
901901 9 Sec. 15-5-49. Eminent domain powers in new Acts. The
902902 10 following provisions of law may include express grants of the
903903 11 power to acquire property by condemnation or eminent domain:
904904 12 Alexander/Pulaski Medical District Act; medical district; for
905905 13 general purposes.
906906 14 Section 910. The State Finance Act is amended by adding
907907 15 Section 5.990 as follows:
908908 16 (30 ILCS 105/5.990 new)
909909 17 Sec. 5.990. The Alexander/Pulaski Medical District Income
910910 18 Fund.
911911 19 Section 999. Effective date. This Act takes effect upon
912912 20 becoming law.
913913
914914
915915
916916
917917
918918 HB3786 - 25 - LRB103 30036 AWJ 56457 b