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
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
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.
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A BILL FOR
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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Alexander/Pulaski Medical District Act.
6 Section 5. Creation of District; purpose. The
7 Alexander/Pulaski Medical District is created within Alexander
8 County and Pulaski County as follows:
9 (1) South boundary: the Mississippi River.
10 (2) East boundary: the Ohio River.
11 (3) North boundary: Modglin Road in Pulaski County in
12 a line directly west to Illinois Route 127 and Modglin
13 Road in a line directly east to the county line.
14 (4) West boundary: Interstate 57 from the Mississippi
15 River to Illinois Route 3, and then Illinois Route 3 to
16 Olive Branch Road, and then Illinois Route 127 to the
17 north boundary line.
18 The District is created to attract and retain academic
19 centers of excellence, viable health care facilities, medical
20 research facilities, emerging high-technology enterprises, and
21 other facilities and uses as permitted by this Act.
22 Section 10. The Alexander/Pulaski Medical District
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
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
LRB103 30036 AWJ 56457 b
A BILL FOR
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
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1 Commission.
2 (a) The Alexander/Pulaski Medical District Commission is
3 created. The Commission's general purpose, in addition to
4 those other purposes and powers set forth in this Act, is to:
5 (1) maintain the proper surroundings for a medical
6 center and a related technology center in order to
7 attract, stabilize, and retain within the District
8 hospitals, clinics, research facilities, educational
9 facilities, or other facilities permitted under this Act;
10 and
11 (2) provide for the orderly creation, maintenance,
12 development, and expansion of (i) health care facilities
13 and other ancillary or related facilities that the
14 Commission determines are established and operated (A) for
15 any aspect of the carrying out of the Commission's
16 purposes as set forth in this Act, (B) for the study,
17 diagnosis, and treatment of human ailments and injuries,
18 whether physical or mental, or (C) to promote medical,
19 surgical, and scientific research and knowledge as
20 permitted under this Act, and (ii) medical research and
21 high-technology parks, together with the necessary lands,
22 buildings, facilities, equipment, and personal property
23 for those parks.
24 (b) The Commission has perpetual succession and the power
25 to contract and be contracted with, to sue and, except in tort
26 actions, to be sued, to plead and be impleaded, to have and use
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1 a common seal, and to alter the common seal. All tort actions
2 against the Commission shall be prosecuted in the Court of
3 Claims. The principal office of the Commission shall be
4 located at a hospital operated within the District. The
5 Commission may hire or contract with any personnel as the
6 Commission deems advisable to carry out the purposes of this
7 Act and the work of the Commission.
8 (c) The Commission shall consist of 12 appointed
9 commissioners and 3 ex officio commissioners. Of the
10 commissioners appointed, 3 shall be appointed by the Governor,
11 3 shall be appointed by the Mayor of Cairo, 3 shall be
12 appointed by the Alexander County Board Chairperson, and 3
13 shall be appointed by the Pulaski County Board Chairperson.
14 All appointed commissioners shall hold office for a 3-year
15 term ending on December 31 until their successors are
16 appointed and have qualified; except that, of the initial
17 appointed commissioners, the Governor, Mayor, and county
18 chairpersons shall each appoint one appointee for a term
19 ending December 31, 2025, shall each appoint one appointee for
20 a term ending December 31, 2026, and shall each appoint one
21 appointee for a term ending December 31, 2027. The Director of
22 Commerce and Economic Opportunity or his or her designee, the
23 Director of Public Health or his or her designee, and the
24 Secretary of Human Services or his or her designee shall serve
25 as ex officio commissioners.
26 (d) Any vacancy in the office of an appointed commissioner
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1 occurring by reason of the death, resignation,
2 disqualification, removal, or inability or refusal to act by
3 the commissioner shall be filled by the authority that
4 appointed the commissioner for the unexpired term of office of
5 that commissioner.
6 (e) The Commission shall hold regular meetings annually
7 for the election of a president, vice president, secretary,
8 and treasurer, for the adoption of a budget, and for any other
9 business that may properly come before it. The Commission
10 shall establish the duties and responsibilities of its
11 officers by rule. The president or any 3 commissioners of the
12 Commission may call special meetings of the Commission. Each
13 commissioner shall take an oath of office for the faithful
14 performance of his or her duties. The Commission may not
15 transact business at a meeting of the Commission unless there
16 is present at the meeting a quorum consisting of at least 9
17 commissioners. Meetings may be held by telephone conference or
18 other communications equipment by means of which all persons
19 participating in the meeting can communicate with each other.
20 (f) The Commission shall submit to the General Assembly,
21 not later than March 1 of each even numbered year, a detailed
22 report covering its operations for the 2 preceding calendar
23 years and a statement of its program for the next 2 years.
24 (g) Neither the Commission nor the District has any power
25 to tax.
26 (h) The Commission is a public body and is subject to the
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1 Open Meetings Act and the Freedom of Information Act.
2 Section 15. Grants; loans; appropriations; contracts. The
3 Commission may apply for and accept grants, loans, or
4 appropriations from the State of Illinois, the federal
5 government, a state or federal agency or instrumentality, a
6 unit of local government, or any other person or entity to be
7 used for any of the purposes of the District. The Commission
8 may enter into any agreement with the State of Illinois, the
9 federal government, a state or federal instrumentality, a unit
10 of local government, or any other person or entity in relation
11 to the grants, matching grants, loans, or appropriations.
12 The Commission may, by contract, accept and collect from
13 entities that enter into the contract assessments or fees for
14 District enhancements and improvements, common area shared
15 services, shared facilities, or other activities or
16 expenditures in furtherance of the purposes of this Act.
17 The Commission may make grants to neighborhood
18 organizations within the District for the purpose of
19 benefiting the District.
20 Section 20. Property; acquisition. The Commission may
21 acquire the fee simple title to real property lying within the
22 District and personal property required for its purposes, by
23 gift, purchase, or otherwise. Title shall be taken in the
24 corporate name of the Commission. The Commission may lease any
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1 real property located within the District and personal
2 property found by the Commission to be necessary for its
3 purposes and to which the Commission finds that it need not
4 acquire the fee simple title for carrying out those purposes.
5 The Commission may acquire in its corporate name, under
6 the provisions for the exercise of the right of eminent domain
7 under the Eminent Domain Act, all real and personal property
8 within the District, except for (i) property owned and used
9 for purposes authorized under this Act by medical institutions
10 or allied educational institutions, hospitals, dispensaries,
11 clinics, dormitories or homes for the nurses, doctors,
12 students, instructors, or other officers or employees of those
13 institutions located in the District, (ii) real property that
14 is used for offices or for recreational purposes in connection
15 with the institutions listed in (i), or (iii) any improved
16 residential property within a historical district properly
17 designated under a federal statute or a State or local statute
18 that has been certified by the Secretary of the Interior of the
19 United States to the Secretary of the Treasury of the United
20 States as containing criteria that will substantially achieve
21 the purpose of preserving and rehabilitating buildings of
22 historical significance to the District.
23 The Commission has no quick-take powers, no zoning powers,
24 and no power to establish or enforce building codes. The
25 Commission may not acquire any property pursuant to this
26 Section before a comprehensive master plan has been approved
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1 under Section 60. Property owned by and exclusively used by
2 the Commission is exempt from taxation.
3 Section 25. Construction and improvements.
4 (a) The Commission may, within the District and in its
5 corporate capacity, construct or make improvements to, or
6 cause to be constructed or improved, a hospital, sanitarium,
7 clinic, laboratory, or any other institution, building,
8 structure, or ancillary or related facility that the
9 Commission determines should be established and operated for
10 any one or more of the following purposes:
11 (1) carrying out of any aspect of the Commission's
12 purposes as set forth in this Act;
13 (2) studying, diagnosing, and treating human ailments
14 and injuries, whether physical or mental, or promoting
15 medical, surgical, and scientific research and knowledge;
16 (3) supporting and nurturing facilities and uses
17 permitted by this Act;
18 (4) providing a nursing facility, extended care
19 facility, or other facilities that the Commission finds
20 useful in the study of, research in, or treatment of
21 illnesses or infirmities specific to the elderly;
22 (5) providing institutions that engage in the
23 training, education, or rehabilitation of persons with a
24 disability, as that term is defined in Section 10 of the
25 Disabilities Services Act of 2003;
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1 (6) providing office buildings for physicians or
2 dealers in medical accessories;
3 (7) providing dormitories, homes, or residences for
4 the medical profession, including interns, nurses,
5 students, or other officers or employees of the
6 institutions within the District, or for the use of
7 relatives of patients in the hospitals or other
8 institutions within the District;
9 (8) rehabilitating or establishing of residential
10 structures within a historic district properly designated
11 under a federal statute or a State or local statute that
12 has been certified by the Secretary of the Interior of the
13 United States to the Secretary of the Treasury of the
14 United States as containing criteria that will
15 substantially achieve the purpose of preserving and
16 rehabilitating buildings of historic significance to the
17 District, or any other areas of the District as the
18 Commission may designate;
19 (9) facilitating research, development, and
20 production, in any of the fields of medicine, chemistry,
21 pharmaceuticals, or physics, of genetically engineered
22 products;
23 (10) providing biotechnology, information technology,
24 medical technology, or environmental technology; and
25 (11) researching and developing engineering or
26 computer technology related to the medical field.
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1 The Commission may construct or improve, or cause to be
2 constructed or improved, these institutions, buildings,
3 structures, or ancillary or related facilities after a public
4 hearing is held by any commissioner or other person authorized
5 by the Commission to conduct the hearing.
6 (b) The Illinois Procurement Code applies to any
7 construction or improvements undertaken pursuant to this
8 Section, and the Commission shall conduct all procurements in
9 a manner that is consistent with that Code. Construction or
10 improvement may not be undertaken pursuant to this Section
11 before a comprehensive master plan has been approved by the
12 Commission under Section 60.
13 Section 30. Relocation assistance. The Commission may
14 provide relocation assistance to persons and entities
15 displaced by the Commission's acquisition of property and
16 improvement of the District. Relocation assistance shall not
17 be less than would be provided by the federal government to a
18 displaced person under the federal Uniform Relocation
19 Assistance and Real Property Acquisition Policies Act of 1970
20 and the regulations promulgated under that Act. As used in
21 this Section, "displaced person" has the meaning ascribed to
22 that term in 42 U.S.C. 4601. Relocation assistance may include
23 assistance with the moving of a residential unit to a new
24 location. The Commission shall identify an individual to serve
25 as a single point of contact for information about relocation
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1 assistance provided under this Section.
2 Section 35. Disposition of Property.
3 (a) The Commission may sell, convey, or lease, all at fair
4 market value, any title or interest in real property owned by
5 it to any person or persons to be used, subject to the
6 restrictions of this Act, for the purposes stated in this Act,
7 for the purpose of serving persons using the facilities
8 offered within the District, or for carrying out of any aspect
9 of the Commission's purposes under Section 10, subject to the
10 restrictions on the use of the real property as the Commission
11 determines will carry out the purpose of this Act. To ensure
12 that real property sold, conveyed, or leased under this
13 subsection is used in accordance with this Act, the Commission
14 shall inquire into and satisfy itself concerning the financial
15 ability of the purchaser, conveyee, or lessee to complete the
16 project for which the real property is sold, conveyed, or
17 leased in accordance with a written plan to be submitted by the
18 purchaser, conveyee, or lessee to the Commission. Under the
19 plan, the purchaser, conveyee, or lessee shall promise (i) to
20 use the land for the purposes designated in the presented
21 plan, (ii) to commence and complete the construction of the
22 buildings or other structures to be included in the project
23 within the periods of time that the Commission determines, and
24 (iii) to comply with any other conditions that the Commission
25 determines are necessary to carry out the project.
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1 All sales, conveyances, and leases authorized in this
2 subsection shall be made on the condition that, if used other
3 than for the purposes prescribed in this Act, or unused for a
4 period of at least one year, title to the property reverts to
5 the Commission. All sales, conveyances, and leases made by the
6 Commission to any person for use by residents or any other
7 person shall be on the condition that if the resident or other
8 person violates any of the restrictions as to the use of the
9 property as the Commission has determined will carry out the
10 purposes of this Act, then title to the property reverts to the
11 Commission. If, however, the Commission finds that financing
12 necessary for the acquisition or lease of any real estate or
13 for the construction of any building or improvement to be used
14 for purposes prescribed in this Act cannot be obtained if
15 title to the land, building, or improvement is subject to such
16 a reverter provision, the finding shall be made by the
17 Commission after a public hearing is held. Upon the finding
18 being made, the Commission may cause the real property to be
19 conveyed free of a reverter provision if at least 9
20 commissioners vote in favor of the sale, conveyance, or lease
21 without the reverter provision. The Commission may also
22 include, in the sales agreement, conveyance, lease agreement,
23 or other documentation, provisions for notice of the
24 violations or default and how to cure violations or default
25 for the benefit of any lender or mortgagee as the Commission
26 may determine is appropriate.
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1 If, at a regularly scheduled meeting, the Commission
2 resolves that a parcel of real estate conveyed or leased by it,
3 or in which it has sold the fee simple title or any lesser
4 estate, is not being used for the purposes prescribed in this
5 Act or has been unused for a period of at least one year, the
6 Commission may file a lawsuit in the circuit court of either
7 Alexander or Pulaski counties to enforce the terms of the
8 sale, conveyance, or lease. If a reverter of title to any
9 property is ordered by the court under the terms of this Act,
10 the interest of the Commission shall be subject to any then
11 existing, valid mortgage or trust deed in the nature of a
12 mortgage, but if the title is acquired through foreclosure of
13 that mortgage or trust deed or by deed in lieu of foreclosure
14 of that mortgage or trust deed, then the title to the property
15 shall not revert, but shall be subject to the restrictions as
16 to use, but not any penalty for nonuse, contained in this Act
17 with respect to any mortgagee in possession or its successor
18 or assigns.
19 (b) If, at a regularly scheduled meeting, the Commission
20 resolves that a parcel of real estate that is owned by the
21 Commission is no longer needed for District purposes, the
22 Commission may authorize the sale or public auction of the
23 parcel. The resolution shall direct the sale to be conducted
24 by (i) the staff of the Commission, (ii) listing with local
25 licensed real estate agencies, in which case the terms of the
26 agent's compensation shall be included in the resolution,
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1 (iii) or public auction. The resolution shall be published at
2 the first opportunity following its passage in a newspaper
3 published in the District or, if none, then in a newspaper
4 published in the county where the District is located. The
5 resolution shall also contain pertinent information concerning
6 the size, use, and zoning of the parcel and the terms of sale.
7 (c) The Commission may not sell, convey, or lease any
8 property pursuant to this Section before a comprehensive
9 master plan has been approved under Section 60.
10 Section 40. Notice. Before holding a public hearing
11 required under Section 35 or a meeting regarding the passage
12 of a resolution to file a lawsuit, the Commission shall give
13 notice to the grantee or lessee, or his or her legal
14 representatives, successors, or assigns, of the time and place
15 of the proceeding. The notice shall be accompanied by a
16 statement signed by the secretary of the Commission, or by any
17 person authorized by the Commission to sign the statement,
18 setting forth any act or things done or omitted to be done in
19 violation, or claimed to be in violation, of any restriction
20 on the use of the property, whether the restriction is
21 prescribed in any of the terms of this Act or by any
22 restriction on the use of the property determined by the
23 Commission under the terms of this Act. The notice of the time
24 and place fixed for the proceeding shall also be given to any
25 person as the Commission deems necessary. The notice may be
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1 given by registered mail, addressed to the grantee, lessee, or
2 legal representatives, successors, or assigns, at the last
3 known address of the grantee, lessee, or legal
4 representatives, successors, or assigns.
5 Section 45. Rules. The Commission may adopt rules,
6 pursuant to the Illinois Administrative Procedure Act,
7 regarding the exercise of its powers, governing its
8 proceedings, and regulating all hearings held by it or at its
9 direction, and it may also amend those rules.
10 Section 50. Official documents. Copies of all official
11 documents, findings, and orders of the Commission, certified
12 by a commissioner or by the secretary of the Commission to be
13 true copies of the originals, under the official seal of the
14 Commission, shall be evidence as if those copies were the
15 originals.
16 Section 55. Judicial review. A party may obtain a judicial
17 review of a final order or decision of the Commission in the
18 circuit court of either Alexander or Pulaski counties only in
19 accordance with the provisions of the Administrative Review
20 Law and the rules adopted under that Law. The circuit court
21 shall take judicial notice of all the rules of practice and
22 procedure of the Commission.
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1 Section 60. Master plan; improvement and management of the
2 District. The Commission shall prepare and approve a
3 comprehensive master plan under Section 60 for the orderly
4 development and management of all property within the
5 District. The master plan, and any amendment to the master
6 plan, shall not take effect, however, until it has been
7 approved by the Commission. The Commission shall take the
8 actions permitted to be taken by it under this Act as it may
9 determine are appropriate to provide conditions most favorable
10 for the special care and treatment of the sick and injured, for
11 the study of disease, and for any other purpose set forth in
12 this Act. In the master plan, the Commission may provide for
13 shared services and facilities within the District for the
14 accredited schools of medicine and the licensed nonprofit
15 acute care hospitals within the District.
16 Section 65. Public hearings. The Commission shall conduct
17 a public hearing before taking any of the actions described in
18 Section 25, making specified reverter-related findings under
19 Section 35, or approving a comprehensive master plan under
20 Section 60. The Commission shall also conduct a public hearing
21 whenever it is otherwise required by law to do so and may
22 conduct a public hearing whenever it may elect to do so. If
23 there is no law governing a specific type of public hearing,
24 the Commission shall conduct that public hearing pursuant to
25 the Open Meetings Act and this Section.
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1 The Commission may authorize a commissioner or other
2 person of legal age to conduct a hearing not otherwise
3 required by law. The commissioner or other authorized person
4 may (i) administer oaths and affirmations, (ii) take the
5 testimony of witnesses, (iii) take and receive the production
6 of papers, books, records, accounts, and documents, (iv)
7 receive pertinent evidence, and (v) certify the record of the
8 hearing. The record of the hearing shall become part of the
9 Commission's record. Notice of the time, place, and purpose of
10 the hearing shall be given by a single publication notice in a
11 secular newspaper or newspapers of general circulation within
12 Alexander and Pulaski counties at least 10 days before the
13 date of the hearing.
14 Section 70. Disposition of money; income fund; rental
15 moneys; audits.
16 (a) Money received by the Commission from the sale,
17 conveyance, or lease of any property, in excess of the amount
18 expended by the Commission for authorized purposes under this
19 Act, shall be deposited into the Alexander/Pulaski Medical
20 District Income Fund, a special fund that is created in the
21 State treasury, and may be expended as provided in this
22 Section and this Act.
23 (b) The Commission may use all money deposited into the
24 Alexander/Pulaski Medical District Income Fund from rentals
25 for the purposes of planning, acquisition, and development of
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1 property within the District, for the operation, maintenance,
2 and improvement of property of the Commission, and for all
3 purposes and powers set forth in this Act.
4 (c) The Auditor General shall conduct audits of the
5 Commission in the same manner as the Auditor General conducts
6 audits of State agencies under the Illinois State Auditing
7 Act. The Auditor General shall, at least biennially, audit or
8 cause to be audited all records and accounts of the Commission
9 pertaining to the operation of the District.
10 Section 75. Attorney General. The Attorney General is the
11 legal advisor to the Commission and shall prosecute or defend,
12 as the case may be, all actions brought by or against the
13 Commission.
14 Section 900. The Court of Claims Act is amended by
15 changing Sections 8, 22-1, and 22-2 as follows:
16 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
17 Sec. 8. Court of Claims jurisdiction; deliberation
18 periods. The court shall have exclusive jurisdiction to hear
19 and determine the following matters:
20 (a) All claims against the State founded upon any law
21 of the State of Illinois or upon any regulation adopted
22 thereunder by an executive or administrative officer or
23 agency; provided, however, the court shall not have
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1 jurisdiction (i) to hear or determine claims arising under
2 the Workers' Compensation Act or the Workers' Occupational
3 Diseases Act, or claims for expenses in civil litigation,
4 or (ii) to review administrative decisions for which a
5 statute provides that review shall be in the circuit or
6 appellate court.
7 (b) All claims against the State founded upon any
8 contract entered into with the State of Illinois.
9 (c) All claims against the State for time unjustly
10 served in prisons of this State when the person imprisoned
11 received a pardon from the Governor stating that such
12 pardon is issued on the ground of innocence of the crime
13 for which he or she was imprisoned or he or she received a
14 certificate of innocence from the Circuit Court as
15 provided in Section 2-702 of the Code of Civil Procedure;
16 provided, the amount of the award is at the discretion of
17 the court; and provided, the court shall make no award in
18 excess of the following amounts: for imprisonment of 5
19 years or less, not more than $85,350; for imprisonment of
20 14 years or less but over 5 years, not more than $170,000;
21 for imprisonment of over 14 years, not more than $199,150;
22 and provided further, the court shall fix attorney's fees
23 not to exceed 25% of the award granted. On or after the
24 effective date of this amendatory Act of the 95th General
25 Assembly, the court shall annually adjust the maximum
26 awards authorized by this subsection (c) to reflect the
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1 increase, if any, in the Consumer Price Index For All
2 Urban Consumers for the previous calendar year, as
3 determined by the United States Department of Labor,
4 except that no annual increment may exceed 5%. For the
5 annual adjustments, if the Consumer Price Index decreases
6 during a calendar year, there shall be no adjustment for
7 that calendar year. The transmission by the Prisoner
8 Review Board or the clerk of the circuit court of the
9 information described in Section 11(b) to the clerk of the
10 Court of Claims is conclusive evidence of the validity of
11 the claim. The changes made by this amendatory Act of the
12 95th General Assembly apply to all claims pending on or
13 filed on or after the effective date.
14 (d) All claims against the State for damages in cases
15 sounding in tort, if a like cause of action would lie
16 against a private person or corporation in a civil suit,
17 and all like claims sounding in tort against the Illinois
18 Medical District Center Commission, the Mid-Illinois
19 Medical District Commission, the Mid-America Medical
20 District Commission, the Roseland Community Medical
21 District Commission, the Alexander/Pulaski Medical
22 District Commission, the Board of Trustees of the
23 University of Illinois, the Board of Trustees of Southern
24 Illinois University, the Board of Trustees of Chicago
25 State University, the Board of Trustees of Eastern
26 Illinois University, the Board of Trustees of Governors
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1 State University, the Board of Trustees of Illinois State
2 University, the Board of Trustees of Northeastern Illinois
3 University, the Board of Trustees of Northern Illinois
4 University, the Board of Trustees of Western Illinois
5 University, or the Board of Trustees of the Illinois
6 Mathematics and Science Academy; provided, that an award
7 for damages in a case sounding in tort, other than certain
8 cases involving the operation of a State vehicle described
9 in this paragraph, shall not exceed the sum of $2,000,000
10 to or for the benefit of any claimant. The $2,000,000
11 limit prescribed by this Section does not apply to an
12 award of damages in any case sounding in tort arising out
13 of the operation by a State employee of a vehicle owned,
14 leased or controlled by the State. The defense that the
15 State, or the Illinois Medical District Center Commission,
16 the Mid-Illinois Medical District Commission, the
17 Mid-America Medical District Commission, the Roseland
18 Community Medical District Commission, the
19 Alexander/Pulaski Medical District Commission, or the
20 Board of Trustees of the University of Illinois, the Board
21 of Trustees of Southern Illinois University, the Board of
22 Trustees of Chicago State University, the Board of
23 Trustees of Eastern Illinois University, the Board of
24 Trustees of Governors State University, the Board of
25 Trustees of Illinois State University, the Board of
26 Trustees of Northeastern Illinois University, the Board of
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1 Trustees of Northern Illinois University, the Board of
2 Trustees of Western Illinois University, or the Board of
3 Trustees of the Illinois Mathematics and Science Academy
4 is not liable for the negligence of its officers, agents,
5 and employees in the course of their employment is not
6 applicable to the hearing and determination of such
7 claims. The changes to this Section made by this
8 amendatory Act of the 100th General Assembly apply only to
9 claims filed on or after July 1, 2015.
10 The court shall annually adjust the maximum awards
11 authorized by this subsection to reflect the increase, if
12 any, in the Consumer Price Index For All Urban Consumers
13 for the previous calendar year, as determined by the
14 United States Department of Labor. The Comptroller shall
15 make the new amount resulting from each annual adjustment
16 available to the public via the Comptroller's official
17 website by January 31 of every year.
18 (e) All claims for recoupment made by the State of
19 Illinois against any claimant.
20 (f) All claims pursuant to the Line of Duty
21 Compensation Act. A claim under that Act must be heard and
22 determined within one year after the application for that
23 claim is filed with the Court as provided in that Act.
24 (g) All claims filed pursuant to the Crime Victims
25 Compensation Act.
26 (h) All claims pursuant to the Illinois National
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1 Guardsman's Compensation Act. A claim under that Act must
2 be heard and determined within one year after the
3 application for that claim is filed with the Court as
4 provided in that Act.
5 (i) All claims authorized by subsection (a) of Section
6 10-55 of the Illinois Administrative Procedure Act for the
7 expenses incurred by a party in a contested case on the
8 administrative level.
9 (Source: P.A. 100-1124, eff. 11-27-18.)
10 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
11 Sec. 22-1. Within 1 year from the date that such an injury
12 was received or such a cause of action accrued, any person who
13 is about to commence any action in the Court of Claims against
14 the State of Illinois, the Illinois Medical District Center
15 Commission, the Mid-Illinois Medical District Commission, the
16 Mid-America Medical District Commission, the Roseland
17 Community Medical District Commission, the Alexander/Pulaski
18 Medical District Commission, the Board of Trustees of the
19 University of Illinois, the Board of Trustees of Southern
20 Illinois University, the Board of Trustees of Chicago State
21 University, the Board of Trustees of Eastern Illinois
22 University, the Board of Trustees of Governors State
23 University, the Board of Trustees of Illinois State
24 University, the Board of Trustees of Northeastern Illinois
25 University, the Board of Trustees of Northern Illinois
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1 University, the Board of Trustees of Western Illinois
2 University, or the Board of Trustees of the Illinois
3 Mathematics and Science Academy, for damages on account of any
4 injury to his person shall file in the office of the Attorney
5 General and also in the office of the Clerk of the Court of
6 Claims, either by himself, his agent, or attorney, giving the
7 name of the person to whom the cause of action has accrued, the
8 name and residence of the person injured, the date and about
9 the hour of the accident, the place or location where the
10 accident occurred, a brief description of how the accident
11 occurred, and the name and address of the attending physician,
12 if any, except as otherwise provided by the Crime Victims
13 Compensation Act.
14 In actions for death by wrongful act, neglect or default,
15 the executor of the estate, or in the event there is no will,
16 the administrator or other personal representative of the
17 decedent, shall file within 1 year of the date of death or the
18 date that the executor or administrator is qualified,
19 whichever occurs later, in the office of the Attorney General
20 and also in the office of the Clerk of the Court of Claims,
21 giving the name of the person to whom the cause of action has
22 accrued, the name and last residence of the decedent, the date
23 of the accident causing death, the date of the decedent's
24 demise, the place or location where the accident causing the
25 death occurred, the date and about the hour of the accident, a
26 brief description of how the accident occurred, and the names
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1 and addresses of the attending physician and treating hospital
2 if any, except as otherwise provided by the Crime Victims
3 Compensation Act.
4 A claimant is not required to file the notice required by
5 this Section if he or she files his or her claim within one
6 year of its accrual.
7 (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
8 (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
9 Sec. 22-2. If the notice provided for by Section 22-1 is
10 not filed as provided in that Section, any such action
11 commenced against the State of Illinois, the Illinois Medical
12 District Center Commission, the Mid-Illinois Medical District
13 Commission, the Mid-America Medical District Commission, the
14 Roseland Community Medical District Commission, the
15 Alexander/Pulaski Medical District Commission, the Board of
16 Trustees of the University of Illinois, the Board of Trustees
17 of Southern Illinois University, the Board of Trustees of
18 Chicago State University, the Board of Trustees of Eastern
19 Illinois University, the Board of Trustees of Governors State
20 University, the Board of Trustees of Illinois State
21 University, the Board of Trustees of Northeastern Illinois
22 University, the Board of Trustees of Northern Illinois
23 University, the Board of Trustees of Western Illinois
24 University, or the Board of Trustees of the Illinois
25 Mathematics and Science Academy, shall be dismissed and the
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1 person to whom any such cause of action accrued for any
2 personal injury shall be forever barred from further action in
3 the Court of Claims for such personal injury, except as
4 otherwise provided by the Crime Victims Compensation Act.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 Section 905. The Eminent Domain Act is amended by changing
7 Section 15-5-49 as follows:
8 (735 ILCS 30/15-5-49 new)
9 Sec. 15-5-49. Eminent domain powers in new Acts. The
10 following provisions of law may include express grants of the
11 power to acquire property by condemnation or eminent domain:
12 Alexander/Pulaski Medical District Act; medical district; for
13 general purposes.
14 Section 910. The State Finance Act is amended by adding
15 Section 5.990 as follows:
16 (30 ILCS 105/5.990 new)
17 Sec. 5.990. The Alexander/Pulaski Medical District Income
18 Fund.
19 Section 999. Effective date. This Act takes effect upon
20 becoming law.
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