Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1464 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1464 Introduced 2/7/2023, by Sen. Omar Aquino 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 Humboldt Park Community Medical District Act. Establishes the boundaries of the District in the City of Chicago to be south of Division Street, between Sacramento Boulevard and California Avenue, and north of Augusta Boulevard. 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 Humboldt Park Community Medical District Commission and the other existing medical district commissions. Effective immediately. LRB103 27434 AWJ 53806 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1464 Introduced 2/7/2023, by Sen. Omar Aquino 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 Humboldt Park Community Medical District Act. Establishes the boundaries of the District in the City of Chicago to be south of Division Street, between Sacramento Boulevard and California Avenue, and north of Augusta Boulevard. 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 Humboldt Park Community Medical District Commission and the other existing medical district commissions. Effective immediately. LRB103 27434 AWJ 53806 b LRB103 27434 AWJ 53806 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1464 Introduced 2/7/2023, by Sen. Omar Aquino 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 Humboldt Park Community Medical District Act. Establishes the boundaries of the District in the City of Chicago to be south of Division Street, between Sacramento Boulevard and California Avenue, and north of Augusta Boulevard. 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 Humboldt Park Community Medical District Commission and the other existing medical district commissions. Effective immediately.
1111 LRB103 27434 AWJ 53806 b LRB103 27434 AWJ 53806 b
1212 LRB103 27434 AWJ 53806 b
1313 A BILL FOR
1414 SB1464LRB103 27434 AWJ 53806 b SB1464 LRB103 27434 AWJ 53806 b
1515 SB1464 LRB103 27434 AWJ 53806 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 Humboldt Park Community Medical District Act.
2121 6 Section 5. Creation of District; purpose. There is hereby
2222 7 created in the City of Chicago a medical center district
2323 8 called the Humboldt Park Community Medical District, whose
2424 9 boundaries are Division Street on the North, from Sacramento
2525 10 Boulevard on the West to California Avenue on the East, and
2626 11 Augusta Boulevard on the South. The District is created to
2727 12 attract and retain academic centers of excellence, viable
2828 13 health care facilities, emerging high-technology enterprises,
2929 14 and other facilities and uses as permitted by this Act.
3030 15 Section 10. The Humboldt Park Community Medical District
3131 16 Commission.
3232 17 (a) There is hereby created the Humboldt Park Community
3333 18 Medical District Commission whose general purpose, in addition
3434 19 to those other purposes and powers set forth in this Act, is
3535 20 to:
3636 21 (1) maintain the proper surroundings for a medical
3737 22 center and a related technology center in order to
3838
3939
4040
4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1464 Introduced 2/7/2023, by Sen. Omar Aquino 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 Humboldt Park Community Medical District Act. Establishes the boundaries of the District in the City of Chicago to be south of Division Street, between Sacramento Boulevard and California Avenue, and north of Augusta Boulevard. 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 Humboldt Park Community Medical District Commission and the other existing medical district commissions. Effective immediately.
5050 LRB103 27434 AWJ 53806 b LRB103 27434 AWJ 53806 b
5151 LRB103 27434 AWJ 53806 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 27434 AWJ 53806 b
6868
6969
7070
7171
7272
7373
7474
7575
7676
7777 SB1464 LRB103 27434 AWJ 53806 b
7878
7979
8080 SB1464- 2 -LRB103 27434 AWJ 53806 b SB1464 - 2 - LRB103 27434 AWJ 53806 b
8181 SB1464 - 2 - LRB103 27434 AWJ 53806 b
8282 1 attract, stabilize, and retain within the District
8383 2 hospitals, clinics, research facilities, educational
8484 3 facilities, or other facilities permitted under this Act;
8585 4 and
8686 5 (2) provide for the orderly creation, maintenance,
8787 6 development, and expansion of (i) health care facilities
8888 7 and other ancillary or related facilities that the
8989 8 Commission determines are established and operated (A) for
9090 9 any aspect of the carrying out of the Commission's
9191 10 purposes as set forth in this Act, (B) for the study,
9292 11 diagnosis, and treatment of human ailments and injuries,
9393 12 whether physical or mental, or (C) to promote medical,
9494 13 surgical, and scientific research and knowledge as
9595 14 permitted under this Act, and (ii) medical research and
9696 15 high-technology parks, together with the necessary lands,
9797 16 buildings, facilities, equipment, and personal property
9898 17 for those parks.
9999 18 (b) The Commission has perpetual succession and the power
100100 19 to contract and be contracted with, to sue and, except in tort
101101 20 actions, to be sued, to plead and be impleaded, to have and use
102102 21 a common seal, and to alter the common seal. All tort actions
103103 22 against the Commission shall be prosecuted in the Court of
104104 23 Claims. The principal office of the Commission shall be
105105 24 located at a hospital operated within the District. The
106106 25 Commission may hire or contract with any personnel as the
107107 26 Commission deems advisable to carry out the purposes of this
108108
109109
110110
111111
112112
113113 SB1464 - 2 - LRB103 27434 AWJ 53806 b
114114
115115
116116 SB1464- 3 -LRB103 27434 AWJ 53806 b SB1464 - 3 - LRB103 27434 AWJ 53806 b
117117 SB1464 - 3 - LRB103 27434 AWJ 53806 b
118118 1 Act and the work of the Commission.
119119 2 (c) The Commission shall consist of 9 appointed
120120 3 commissioners and 3 ex officio commissioners. Of the
121121 4 commissioners appointed, 3 shall be appointed by the Governor,
122122 5 with the advice and consent of the Senate, 3 shall be appointed
123123 6 by the Mayor of the City of Chicago, with the advice and
124124 7 consent of the Chicago City Council, and 3 shall be appointed
125125 8 by the President of the Cook County Board of Commissioners,
126126 9 with the advice and consent of the Cook County Board of
127127 10 Commissioners. All appointed commissioners shall hold office
128128 11 for a 3-year term ending on December 31 until their successors
129129 12 are appointed and have qualified; except that, of the initial
130130 13 appointed commissioners, the Governor, Mayor of the City of
131131 14 Chicago, and President of the Cook County Board of
132132 15 Commissioners shall each appoint one appointee for a term
133133 16 ending December 31, 2024, shall each appoint one appointee for
134134 17 a term ending December 31, 2025, and shall each appoint one
135135 18 appointee for a term ending December 31, 2026. The Director of
136136 19 Commerce and Economic Opportunity or his or her designee, the
137137 20 Director of Public Health or his or her designee, and the
138138 21 Secretary of Human Services or his or her designee shall serve
139139 22 as ex officio commissioners.
140140 23 (d) Any vacancy in the office of an appointed commissioner
141141 24 occurring by reason of the death, resignation,
142142 25 disqualification, removal, or inability or refusal to act by
143143 26 the commissioner shall be filled by the authority that
144144
145145
146146
147147
148148
149149 SB1464 - 3 - LRB103 27434 AWJ 53806 b
150150
151151
152152 SB1464- 4 -LRB103 27434 AWJ 53806 b SB1464 - 4 - LRB103 27434 AWJ 53806 b
153153 SB1464 - 4 - LRB103 27434 AWJ 53806 b
154154 1 appointed the commissioner for the unexpired term of office of
155155 2 that commissioner.
156156 3 (e) The Commission shall hold regular meetings annually
157157 4 for the election of a president, vice president, secretary,
158158 5 and treasurer, for the adoption of a budget, and for any other
159159 6 business that may properly come before it. The Commission
160160 7 shall establish the duties and responsibilities of its
161161 8 officers by rule. The president or any 3 commissioners of the
162162 9 Commission may call special meetings of the Commission. Each
163163 10 commissioner shall take an oath of office for the faithful
164164 11 performance of his or her duties. The Commission may not
165165 12 transact business at a meeting of the Commission unless there
166166 13 is present at the meeting a quorum consisting of at least 7
167167 14 commissioners. Meetings may be held by telephone conference or
168168 15 other communications equipment by means of which all persons
169169 16 participating in the meeting can communicate with each other.
170170 17 (f) The Commission shall submit to the General Assembly,
171171 18 not later than March 1 of each odd numbered year, a detailed
172172 19 report covering its operations for the 2 preceding calendar
173173 20 years and a statement of its program for the next 2 years.
174174 21 (g) Neither the Commission nor the District have any power
175175 22 to tax.
176176 23 (h) The Commission is a public body and is subject to the
177177 24 Open Meetings Act and the Freedom of Information Act.
178178 25 Section 15. Grants; loans; appropriations; contracts. The
179179
180180
181181
182182
183183
184184 SB1464 - 4 - LRB103 27434 AWJ 53806 b
185185
186186
187187 SB1464- 5 -LRB103 27434 AWJ 53806 b SB1464 - 5 - LRB103 27434 AWJ 53806 b
188188 SB1464 - 5 - LRB103 27434 AWJ 53806 b
189189 1 Commission may apply for and accept grants, loans, or
190190 2 appropriations from the State of Illinois, the federal
191191 3 government, a state or federal agency or instrumentality, a
192192 4 unit of local government, or any other person or entity to be
193193 5 used for any of the purposes of the District. The Commission
194194 6 may enter into any agreement with the State of Illinois, the
195195 7 federal government, a state or federal instrumentality, a unit
196196 8 of local government, or any other person or entity in relation
197197 9 to the grants, matching grants, loans, or appropriations.
198198 10 The Commission may, by contract, accept and collect from
199199 11 entities that enter into the contract assessments or fees for
200200 12 District enhancements and improvements, common area shared
201201 13 services, shared facilities, or other activities or
202202 14 expenditures in furtherance of the purposes of this Act.
203203 15 The Commission may make grants to neighborhood
204204 16 organizations within the District for the purpose of
205205 17 benefiting the District.
206206 18 Section 20. Property; acquisition. The Commission may
207207 19 acquire the fee simple title to real property lying within the
208208 20 District and personal property required for its purposes, by
209209 21 gift, purchase, or otherwise. Title shall be taken in the
210210 22 corporate name of the Commission. The Commission may lease any
211211 23 real property located within the District and personal
212212 24 property found by the Commission to be necessary for its
213213 25 purposes and to which the Commission finds that it need not
214214
215215
216216
217217
218218
219219 SB1464 - 5 - LRB103 27434 AWJ 53806 b
220220
221221
222222 SB1464- 6 -LRB103 27434 AWJ 53806 b SB1464 - 6 - LRB103 27434 AWJ 53806 b
223223 SB1464 - 6 - LRB103 27434 AWJ 53806 b
224224 1 acquire the fee simple title for carrying out of those
225225 2 purposes.
226226 3 The Commission may acquire in its corporate name, under
227227 4 the provisions for the exercise of the right of eminent domain
228228 5 under the Eminent Domain Act, all real and personal property
229229 6 within the District, except for (i) property owned and used
230230 7 for purposes authorized under this Act by medical institutions
231231 8 or allied educational institutions, hospitals, dispensaries,
232232 9 clinics, dormitories or homes for the nurses, doctors,
233233 10 students, instructors, or other officers or employees of those
234234 11 institutions located in the District, (ii) real property that
235235 12 is used for offices or for recreational purposes in connection
236236 13 with the institutions listed in (i), or (iii) any improved
237237 14 residential property within a historical district properly
238238 15 designated under a federal statute or a State or local statute
239239 16 that has been certified by the Secretary of the Interior of the
240240 17 United States to the Secretary of the Treasury of the United
241241 18 States as containing criteria that will substantially achieve
242242 19 the purpose of preserving and rehabilitating buildings of
243243 20 historical significance to the District.
244244 21 The Commission has no quick-take powers, no zoning powers,
245245 22 and no power to establish or enforce building codes. The
246246 23 Commission may not acquire any property pursuant to this
247247 24 Section before a comprehensive master plan has been approved
248248 25 under Section 60. Property owned by and exclusively used by
249249 26 the Commission is exempt from taxation.
250250
251251
252252
253253
254254
255255 SB1464 - 6 - LRB103 27434 AWJ 53806 b
256256
257257
258258 SB1464- 7 -LRB103 27434 AWJ 53806 b SB1464 - 7 - LRB103 27434 AWJ 53806 b
259259 SB1464 - 7 - LRB103 27434 AWJ 53806 b
260260 1 Section 25. Construction and improvements.
261261 2 (a) The Commission may, within the District and in its
262262 3 corporate capacity, construct or make improvements to, or
263263 4 cause to be constructed or improved, a hospital, sanitarium,
264264 5 clinic, laboratory, or any other institution, building,
265265 6 structure, or ancillary or related facility that the
266266 7 Commission determines should be established and operated for
267267 8 any one or more of the following purposes:
268268 9 (1) carrying out of any aspect of the Commission's
269269 10 purposes as set forth in this Act;
270270 11 (2) studying, diagnosing, and treating human ailments
271271 12 and injuries, whether physical or mental, or promoting
272272 13 medical, surgical, and scientific research and knowledge;
273273 14 (3) supporting and nurturing facilities and uses
274274 15 permitted by this Act;
275275 16 (4) providing a nursing facility, extended care
276276 17 facility, or other facilities that the Commission finds
277277 18 useful in the study of, research in, or treatment of
278278 19 illnesses or infirmities specific to the elderly;
279279 20 (5) providing institutions that engage in the
280280 21 training, education, or rehabilitation of persons with a
281281 22 disability, as that term is defined in Section 10 of the
282282 23 Disabilities Services Act of 2003;
283283 24 (6) providing office buildings for physicians or
284284 25 dealers in medical accessories;
285285
286286
287287
288288
289289
290290 SB1464 - 7 - LRB103 27434 AWJ 53806 b
291291
292292
293293 SB1464- 8 -LRB103 27434 AWJ 53806 b SB1464 - 8 - LRB103 27434 AWJ 53806 b
294294 SB1464 - 8 - LRB103 27434 AWJ 53806 b
295295 1 (7) providing dormitories, homes, or residences for
296296 2 the medical profession, including interns, nurses,
297297 3 students, or other officers or employees of the
298298 4 institutions within the District, or for the use of
299299 5 relatives of patients in the hospitals or other
300300 6 institutions within the District;
301301 7 (8) rehabilitating or establishing of residential
302302 8 structures within a historic district properly designated
303303 9 under a federal statute or a State or local statute that
304304 10 has been certified by the Secretary of the Interior of the
305305 11 United States to the Secretary of the Treasury of the
306306 12 United States as containing criteria that will
307307 13 substantially achieve the purpose of preserving and
308308 14 rehabilitating buildings of historic significance to the
309309 15 District, or any other areas of the District as the
310310 16 Commission may designate;
311311 17 (9) facilitating research, development, and
312312 18 production, in any of the fields of medicine, chemistry,
313313 19 pharmaceuticals, or physics, of genetically engineered
314314 20 products;
315315 21 (10) providing biotechnology, information technology,
316316 22 medical technology, or environmental technology; and
317317 23 (11) researching and developing engineering or
318318 24 computer technology related to the medical field.
319319 25 The Commission may construct or improve, or cause to be
320320 26 constructed or improved, these institutions, buildings,
321321
322322
323323
324324
325325
326326 SB1464 - 8 - LRB103 27434 AWJ 53806 b
327327
328328
329329 SB1464- 9 -LRB103 27434 AWJ 53806 b SB1464 - 9 - LRB103 27434 AWJ 53806 b
330330 SB1464 - 9 - LRB103 27434 AWJ 53806 b
331331 1 structures, or ancillary or related facilities after a public
332332 2 hearing is held by any commissioner or other person authorized
333333 3 by the Commission to conduct the hearing.
334334 4 (b) The Illinois Procurement Code applies to any
335335 5 construction or improvements undertaken pursuant to this
336336 6 Section, and the Commission shall conduct all procurements in
337337 7 a manner that is consistent with that Code. Construction or
338338 8 improvement may not be undertaken pursuant to this Section
339339 9 before a comprehensive master plan has been approved by the
340340 10 Commission under Section 60.
341341 11 Section 30. Relocation assistance. The Commission may
342342 12 provide relocation assistance to persons and entities
343343 13 displaced by the Commission's acquisition of property and
344344 14 improvement of the District. Relocation assistance shall not
345345 15 be less than would be provided by the federal government to a
346346 16 displaced person under the federal Uniform Relocation
347347 17 Assistance and Real Property Acquisition Policies Act of 1970
348348 18 and the regulations promulgated under that Act. As used in
349349 19 this Section, "displaced person" has the meaning ascribed to
350350 20 that term in 42 U.S.C. 4601. Relocation assistance may include
351351 21 assistance with the moving of a residential unit to a new
352352 22 location. The Commission shall identify an individual to serve
353353 23 as a single point of contact for information about relocation
354354 24 assistance provided under this Section.
355355
356356
357357
358358
359359
360360 SB1464 - 9 - LRB103 27434 AWJ 53806 b
361361
362362
363363 SB1464- 10 -LRB103 27434 AWJ 53806 b SB1464 - 10 - LRB103 27434 AWJ 53806 b
364364 SB1464 - 10 - LRB103 27434 AWJ 53806 b
365365 1 Section 35. Disposition of Property.
366366 2 (a) The Commission may sell, convey, or lease, all at fair
367367 3 market value, any title or interest in real property owned by
368368 4 it to any person or persons to be used, subject to the
369369 5 restrictions of this Act, for the purposes stated in this Act,
370370 6 for the purpose of serving persons using the facilities
371371 7 offered within the District, or for carrying out of any aspect
372372 8 of the Commission's purposes under Section 10, subject to the
373373 9 restrictions on the use of the real property as the Commission
374374 10 determines will carry out the purpose of this Act. To ensure
375375 11 that real property sold, conveyed, or leased under this
376376 12 subsection is used in accordance with this Act, the Commission
377377 13 shall inquire into and satisfy itself concerning the financial
378378 14 ability of the purchaser, conveyee, or lessee to complete the
379379 15 project for which the real property is sold, conveyed, or
380380 16 leased in accordance with a written plan to be submitted by the
381381 17 purchaser, conveyee, or lessee to the Commission. Under the
382382 18 plan, the purchaser, conveyee, or lessee shall promise (i) to
383383 19 use the land for the purposes designated in the presented
384384 20 plan, (ii) to commence and complete the construction of the
385385 21 buildings or other structures to be included in the project
386386 22 within the periods of time that the Commission determines, and
387387 23 (iii) to comply with any other conditions that the Commission
388388 24 determines are necessary to carry out the project.
389389 25 All sales, conveyances, and leases authorized in this
390390 26 subsection shall be made on the condition that, if used other
391391
392392
393393
394394
395395
396396 SB1464 - 10 - LRB103 27434 AWJ 53806 b
397397
398398
399399 SB1464- 11 -LRB103 27434 AWJ 53806 b SB1464 - 11 - LRB103 27434 AWJ 53806 b
400400 SB1464 - 11 - LRB103 27434 AWJ 53806 b
401401 1 than for the purposes prescribed in this Act, or unused for a
402402 2 period of at least one year, title to the property reverts to
403403 3 the Commission. All sales, conveyances, and leases made by the
404404 4 Commission to any person for use by residents or any other
405405 5 person shall be on the condition that if the resident or other
406406 6 person violates any of the restrictions as to the use of the
407407 7 property as the Commission has determined will carry out the
408408 8 purposes of this Act, then title to the property reverts to the
409409 9 Commission. If, however, the Commission finds that financing
410410 10 necessary for the acquisition or lease of any real estate or
411411 11 for the construction of any building or improvement to be used
412412 12 for purposes prescribed in this Act cannot be obtained if
413413 13 title to the land, building, or improvement is subject to such
414414 14 a reverter provision, the finding shall be made by the
415415 15 Commission after a public hearing is held. Upon the finding
416416 16 being made, the Commission may cause the real property to be
417417 17 conveyed free of a reverter provision if at least 7
418418 18 commissioners vote in favor of the sale, conveyance, or lease
419419 19 without the reverter provision. The Commission may also
420420 20 include, in the sales agreement, conveyance, lease agreement,
421421 21 or other documentation, provisions for notice of the
422422 22 violations or default and how to cure violations or default
423423 23 for the benefit of any lender or mortgagee as the Commission
424424 24 may determine is appropriate.
425425 25 If, at a regularly scheduled meeting, the Commission
426426 26 resolves that a parcel of real estate conveyed or leased by it,
427427
428428
429429
430430
431431
432432 SB1464 - 11 - LRB103 27434 AWJ 53806 b
433433
434434
435435 SB1464- 12 -LRB103 27434 AWJ 53806 b SB1464 - 12 - LRB103 27434 AWJ 53806 b
436436 SB1464 - 12 - LRB103 27434 AWJ 53806 b
437437 1 or in which it has sold the fee simple title or any lesser
438438 2 estate, is not being used for the purposes prescribed in this
439439 3 Act or has been unused for a period of at least one year, the
440440 4 Commission may file a lawsuit in the Cook County Circuit Court
441441 5 to enforce the terms of the sale, conveyance, or lease. If a
442442 6 reverter of title to any property is ordered by the court under
443443 7 the terms of this Act, the interest of the Commission shall be
444444 8 subject to any then existing, valid mortgage or trust deed in
445445 9 the nature of a mortgage, but if the title is acquired through
446446 10 foreclosure of that mortgage or trust deed or by deed in lieu
447447 11 of foreclosure of that mortgage or trust deed, then the title
448448 12 to the property shall not revert, but shall be subject to the
449449 13 restrictions as to use, but not any penalty for nonuse,
450450 14 contained in this Act with respect to any mortgagee in
451451 15 possession or its successor or assigns.
452452 16 (b) If, at a regularly scheduled meeting, the Commission
453453 17 resolves that a parcel of real estate that is owned by the
454454 18 Commission is no longer needed for District purposes, the
455455 19 Commission may authorize the sale or public auction of the
456456 20 parcel. The resolution shall direct the sale to be conducted
457457 21 by (i) the staff of the Commission, (ii) listing with local
458458 22 licensed real estate agencies, in which case the terms of the
459459 23 agent's compensation shall be included in the resolution,
460460 24 (iii) or public auction. The resolution shall be published at
461461 25 the first opportunity following its passage in a newspaper
462462 26 published in the District or, if none, then in a newspaper
463463
464464
465465
466466
467467
468468 SB1464 - 12 - LRB103 27434 AWJ 53806 b
469469
470470
471471 SB1464- 13 -LRB103 27434 AWJ 53806 b SB1464 - 13 - LRB103 27434 AWJ 53806 b
472472 SB1464 - 13 - LRB103 27434 AWJ 53806 b
473473 1 published in the county where the District is located. The
474474 2 resolution shall also contain pertinent information concerning
475475 3 the size, use, and zoning of the parcel and the terms of sale.
476476 4 (c) The Commission may not sell, convey, or lease any
477477 5 property pursuant to this Section before a comprehensive
478478 6 master plan has been approved under Section 60.
479479 7 Section 40. Notice. Before holding a public hearing
480480 8 required under Section 35 or a meeting regarding the passage
481481 9 of a resolution to file a lawsuit, the Commission shall give
482482 10 notice to the grantee or lessee, or his or her legal
483483 11 representatives, successors, or assigns, of the time and place
484484 12 of the proceeding. The notice shall be accompanied by a
485485 13 statement signed by the secretary of the Commission, or by any
486486 14 person authorized by the Commission to sign the statement,
487487 15 setting forth any act or things done or omitted to be done in
488488 16 violation, or claimed to be in violation, of any restriction
489489 17 on the use of the property, whether the restriction is
490490 18 prescribed in any of the terms of this Act or by any
491491 19 restriction on the use of the property determined by the
492492 20 Commission under the terms of this Act. The notice of the time
493493 21 and place fixed for the proceeding shall also be given to any
494494 22 person as the Commission deems necessary. The notice may be
495495 23 given by registered mail, addressed to the grantee, lessee, or
496496 24 legal representatives, successors, or assigns, at the last
497497 25 known address of the grantee, lessee, or legal
498498
499499
500500
501501
502502
503503 SB1464 - 13 - LRB103 27434 AWJ 53806 b
504504
505505
506506 SB1464- 14 -LRB103 27434 AWJ 53806 b SB1464 - 14 - LRB103 27434 AWJ 53806 b
507507 SB1464 - 14 - LRB103 27434 AWJ 53806 b
508508 1 representatives, successors, or assigns.
509509 2 Section 45. Rules. The Commission may adopt rules,
510510 3 pursuant to the Illinois Administrative Procedure Act,
511511 4 regarding the exercise of its powers, governing its
512512 5 proceedings, and regulating all hearings held by it or at its
513513 6 direction, and it may also amend those rules.
514514 7 Section 50. Certified copies of documents. Copies of all
515515 8 official documents, findings, and orders of the Commission,
516516 9 certified by a commissioner or by the secretary of the
517517 10 Commission to be true copies of the originals, under the
518518 11 official seal of the Commission, shall be evidence as if those
519519 12 copies were the originals.
520520 13 Section 55. Judicial review. A party may obtain a judicial
521521 14 review of a final order or decision of the Commission in the
522522 15 Cook County Circuit Court only in accordance with the
523523 16 provisions of the Administrative Review Law and the rules
524524 17 adopted under that Law. The Cook County Circuit Court shall
525525 18 take judicial notice of all the rules of practice and
526526 19 procedure of the Commission.
527527 20 Section 60. Master plan; improvement and management of
528528 21 District. The Commission shall prepare and approve a
529529 22 comprehensive master plan under Section 60 for the orderly
530530
531531
532532
533533
534534
535535 SB1464 - 14 - LRB103 27434 AWJ 53806 b
536536
537537
538538 SB1464- 15 -LRB103 27434 AWJ 53806 b SB1464 - 15 - LRB103 27434 AWJ 53806 b
539539 SB1464 - 15 - LRB103 27434 AWJ 53806 b
540540 1 development and management of all property within the
541541 2 District. The master plan, and any amendment to the master
542542 3 plan, shall not take effect, however, until it has been
543543 4 approved by the Commission. The Commission shall take the
544544 5 actions permitted to be taken by it under this Act as it may
545545 6 determine are appropriate to provide conditions most favorable
546546 7 for the special care and treatment of the sick and injured, for
547547 8 the study of disease, and for any other purpose set forth in
548548 9 this Act. In the master plan, the Commission may provide for
549549 10 shared services and facilities within the District for the
550550 11 accredited schools of medicine and the licensed nonprofit
551551 12 acute care hospitals within the District.
552552 13 Section 65. Public hearings. The Commission shall conduct
553553 14 a public hearing before taking any of the actions described in
554554 15 Section 25, making specified reverter-related findings under
555555 16 Section 35, or approving a comprehensive master plan under
556556 17 Section 60. The Commission shall also conduct a public hearing
557557 18 whenever it is otherwise required by law to do so and may
558558 19 conduct a public hearing whenever it may elect to do so. If
559559 20 there is no law governing a specific type of public hearing,
560560 21 the Commission shall conduct that public hearing pursuant to
561561 22 the Open Meetings Act and this Section.
562562 23 The Commission may authorize a commissioner or other
563563 24 person of legal age to conduct a hearing not otherwise
564564 25 required by law. The commissioner or other authorized person
565565
566566
567567
568568
569569
570570 SB1464 - 15 - LRB103 27434 AWJ 53806 b
571571
572572
573573 SB1464- 16 -LRB103 27434 AWJ 53806 b SB1464 - 16 - LRB103 27434 AWJ 53806 b
574574 SB1464 - 16 - LRB103 27434 AWJ 53806 b
575575 1 may (i) administer oaths and affirmations, (ii) take the
576576 2 testimony of witnesses, (iii) take and receive the production
577577 3 of papers, books, records, accounts, and documents, (iv)
578578 4 receive pertinent evidence, and (v) certify the record of the
579579 5 hearing. The record of the hearing shall become part of the
580580 6 Commission's record. Notice of the time, place, and purpose of
581581 7 the hearing shall be given by a single publication notice in a
582582 8 secular newspaper of general circulation within Cook County at
583583 9 least 10 days before the date of the hearing.
584584 10 Section 70. Disposition of money; income fund; rental
585585 11 moneys; audits.
586586 12 (a) Money received by the Commission from the sale,
587587 13 conveyance, or lease of any property, in excess of the amount
588588 14 expended by the Commission for authorized purposes under this
589589 15 Act, shall be deposited into the Humboldt Park Community
590590 16 Medical District Income Fund, a special fund that is created
591591 17 in the State treasury, and may be expended as provided in this
592592 18 Section and this Act.
593593 19 (b) The Commission may use all money deposited into the
594594 20 Humboldt Park Community Medical District Income Fund from
595595 21 rentals for the purposes of planning, acquisition, and
596596 22 development of property within the District, for the
597597 23 operation, maintenance, and improvement of property of the
598598 24 Commission, and for all purposes and powers set forth in this
599599 25 Act.
600600
601601
602602
603603
604604
605605 SB1464 - 16 - LRB103 27434 AWJ 53806 b
606606
607607
608608 SB1464- 17 -LRB103 27434 AWJ 53806 b SB1464 - 17 - LRB103 27434 AWJ 53806 b
609609 SB1464 - 17 - LRB103 27434 AWJ 53806 b
610610 1 (c) The Auditor General shall conduct audits of the
611611 2 Commission in the same manner as the Auditor General conducts
612612 3 audits of State agencies under the Illinois State Auditing
613613 4 Act. The Auditor General shall, at least biennially, audit or
614614 5 cause to be audited all records and accounts of the Commission
615615 6 pertaining to the operation of the District.
616616 7 Section 75. Attorney General. The Attorney General is the
617617 8 legal advisor to the Commission and shall prosecute or defend,
618618 9 as the case may be, all actions brought by or against the
619619 10 Commission.
620620 11 Section 900. The Court of Claims Act is amended by
621621 12 changing Sections 8, 22-1, and 22-2 as follows:
622622 13 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
623623 14 Sec. 8. Court of Claims jurisdiction; deliberation
624624 15 periods. The court shall have exclusive jurisdiction to hear
625625 16 and determine the following matters:
626626 17 (a) All claims against the State founded upon any law
627627 18 of the State of Illinois or upon any regulation adopted
628628 19 thereunder by an executive or administrative officer or
629629 20 agency; provided, however, the court shall not have
630630 21 jurisdiction (i) to hear or determine claims arising under
631631 22 the Workers' Compensation Act or the Workers' Occupational
632632 23 Diseases Act, or claims for expenses in civil litigation,
633633
634634
635635
636636
637637
638638 SB1464 - 17 - LRB103 27434 AWJ 53806 b
639639
640640
641641 SB1464- 18 -LRB103 27434 AWJ 53806 b SB1464 - 18 - LRB103 27434 AWJ 53806 b
642642 SB1464 - 18 - LRB103 27434 AWJ 53806 b
643643 1 or (ii) to review administrative decisions for which a
644644 2 statute provides that review shall be in the circuit or
645645 3 appellate court.
646646 4 (b) All claims against the State founded upon any
647647 5 contract entered into with the State of Illinois.
648648 6 (c) All claims against the State for time unjustly
649649 7 served in prisons of this State when the person imprisoned
650650 8 received a pardon from the Governor stating that such
651651 9 pardon is issued on the ground of innocence of the crime
652652 10 for which he or she was imprisoned or he or she received a
653653 11 certificate of innocence from the Circuit Court as
654654 12 provided in Section 2-702 of the Code of Civil Procedure;
655655 13 provided, the amount of the award is at the discretion of
656656 14 the court; and provided, the court shall make no award in
657657 15 excess of the following amounts: for imprisonment of 5
658658 16 years or less, not more than $85,350; for imprisonment of
659659 17 14 years or less but over 5 years, not more than $170,000;
660660 18 for imprisonment of over 14 years, not more than $199,150;
661661 19 and provided further, the court shall fix attorney's fees
662662 20 not to exceed 25% of the award granted. On or after the
663663 21 effective date of this amendatory Act of the 95th General
664664 22 Assembly, the court shall annually adjust the maximum
665665 23 awards authorized by this subsection (c) to reflect the
666666 24 increase, if any, in the Consumer Price Index For All
667667 25 Urban Consumers for the previous calendar year, as
668668 26 determined by the United States Department of Labor,
669669
670670
671671
672672
673673
674674 SB1464 - 18 - LRB103 27434 AWJ 53806 b
675675
676676
677677 SB1464- 19 -LRB103 27434 AWJ 53806 b SB1464 - 19 - LRB103 27434 AWJ 53806 b
678678 SB1464 - 19 - LRB103 27434 AWJ 53806 b
679679 1 except that no annual increment may exceed 5%. For the
680680 2 annual adjustments, if the Consumer Price Index decreases
681681 3 during a calendar year, there shall be no adjustment for
682682 4 that calendar year. The transmission by the Prisoner
683683 5 Review Board or the clerk of the circuit court of the
684684 6 information described in Section 11(b) to the clerk of the
685685 7 Court of Claims is conclusive evidence of the validity of
686686 8 the claim. The changes made by this amendatory Act of the
687687 9 95th General Assembly apply to all claims pending on or
688688 10 filed on or after the effective date.
689689 11 (d) All claims against the State for damages in cases
690690 12 sounding in tort, if a like cause of action would lie
691691 13 against a private person or corporation in a civil suit,
692692 14 and all like claims sounding in tort against the Illinois
693693 15 Medical District Center Commission, the Mid-Illinois
694694 16 Medical District Commission, the Mid-America Medical
695695 17 District Commission, the Roseland Community Medical
696696 18 District Commission, the Humboldt Park Community Medical
697697 19 District Commission, the Board of Trustees of the
698698 20 University of Illinois, the Board of Trustees of Southern
699699 21 Illinois University, the Board of Trustees of Chicago
700700 22 State University, the Board of Trustees of Eastern
701701 23 Illinois University, the Board of Trustees of Governors
702702 24 State University, the Board of Trustees of Illinois State
703703 25 University, the Board of Trustees of Northeastern Illinois
704704 26 University, the Board of Trustees of Northern Illinois
705705
706706
707707
708708
709709
710710 SB1464 - 19 - LRB103 27434 AWJ 53806 b
711711
712712
713713 SB1464- 20 -LRB103 27434 AWJ 53806 b SB1464 - 20 - LRB103 27434 AWJ 53806 b
714714 SB1464 - 20 - LRB103 27434 AWJ 53806 b
715715 1 University, the Board of Trustees of Western Illinois
716716 2 University, or the Board of Trustees of the Illinois
717717 3 Mathematics and Science Academy; provided, that an award
718718 4 for damages in a case sounding in tort, other than certain
719719 5 cases involving the operation of a State vehicle described
720720 6 in this paragraph, shall not exceed the sum of $2,000,000
721721 7 to or for the benefit of any claimant. The $2,000,000
722722 8 limit prescribed by this Section does not apply to an
723723 9 award of damages in any case sounding in tort arising out
724724 10 of the operation by a State employee of a vehicle owned,
725725 11 leased or controlled by the State. The defense that the
726726 12 State, or the Illinois Medical District Center Commission,
727727 13 the Mid-Illinois Medical District Commission, the
728728 14 Mid-America Medical District Commission, the Roseland
729729 15 Community Medical District Commission, the Humboldt Park
730730 16 Community Medical District Commission, or the Board of
731731 17 Trustees of the University of Illinois, the Board of
732732 18 Trustees of Southern Illinois University, the Board of
733733 19 Trustees of Chicago State University, the Board of
734734 20 Trustees of Eastern Illinois University, the Board of
735735 21 Trustees of Governors State University, the Board of
736736 22 Trustees of Illinois State University, the Board of
737737 23 Trustees of Northeastern Illinois University, the Board of
738738 24 Trustees of Northern Illinois University, the Board of
739739 25 Trustees of Western Illinois University, or the Board of
740740 26 Trustees of the Illinois Mathematics and Science Academy
741741
742742
743743
744744
745745
746746 SB1464 - 20 - LRB103 27434 AWJ 53806 b
747747
748748
749749 SB1464- 21 -LRB103 27434 AWJ 53806 b SB1464 - 21 - LRB103 27434 AWJ 53806 b
750750 SB1464 - 21 - LRB103 27434 AWJ 53806 b
751751 1 is not liable for the negligence of its officers, agents,
752752 2 and employees in the course of their employment is not
753753 3 applicable to the hearing and determination of such
754754 4 claims. The changes to this Section made by this
755755 5 amendatory Act of the 100th General Assembly apply only to
756756 6 claims filed on or after July 1, 2015.
757757 7 The court shall annually adjust the maximum awards
758758 8 authorized by this subsection to reflect the increase, if
759759 9 any, in the Consumer Price Index For All Urban Consumers
760760 10 for the previous calendar year, as determined by the
761761 11 United States Department of Labor. The Comptroller shall
762762 12 make the new amount resulting from each annual adjustment
763763 13 available to the public via the Comptroller's official
764764 14 website by January 31 of every year.
765765 15 (e) All claims for recoupment made by the State of
766766 16 Illinois against any claimant.
767767 17 (f) All claims pursuant to the Line of Duty
768768 18 Compensation Act. A claim under that Act must be heard and
769769 19 determined within one year after the application for that
770770 20 claim is filed with the Court as provided in that Act.
771771 21 (g) All claims filed pursuant to the Crime Victims
772772 22 Compensation Act.
773773 23 (h) All claims pursuant to the Illinois National
774774 24 Guardsman's Compensation Act. A claim under that Act must
775775 25 be heard and determined within one year after the
776776 26 application for that claim is filed with the Court as
777777
778778
779779
780780
781781
782782 SB1464 - 21 - LRB103 27434 AWJ 53806 b
783783
784784
785785 SB1464- 22 -LRB103 27434 AWJ 53806 b SB1464 - 22 - LRB103 27434 AWJ 53806 b
786786 SB1464 - 22 - LRB103 27434 AWJ 53806 b
787787 1 provided in that Act.
788788 2 (i) All claims authorized by subsection (a) of Section
789789 3 10-55 of the Illinois Administrative Procedure Act for the
790790 4 expenses incurred by a party in a contested case on the
791791 5 administrative level.
792792 6 (Source: P.A. 100-1124, eff. 11-27-18.)
793793 7 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
794794 8 Sec. 22-1. Within 1 year from the date that such an injury
795795 9 was received or such a cause of action accrued, any person who
796796 10 is about to commence any action in the Court of Claims against
797797 11 the State of Illinois, the Illinois Medical District Center
798798 12 Commission, the Mid-Illinois Medical District Commission, the
799799 13 Mid-America Medical District Commission, the Roseland
800800 14 Community Medical District Commission, the Humboldt Park
801801 15 Community Medical District Commission, the Board of Trustees
802802 16 of the University of Illinois, the Board of Trustees of
803803 17 Southern Illinois University, the Board of Trustees of Chicago
804804 18 State University, the Board of Trustees of Eastern Illinois
805805 19 University, the Board of Trustees of Governors State
806806 20 University, the Board of Trustees of Illinois State
807807 21 University, the Board of Trustees of Northeastern Illinois
808808 22 University, the Board of Trustees of Northern Illinois
809809 23 University, the Board of Trustees of Western Illinois
810810 24 University, or the Board of Trustees of the Illinois
811811 25 Mathematics and Science Academy, for damages on account of any
812812
813813
814814
815815
816816
817817 SB1464 - 22 - LRB103 27434 AWJ 53806 b
818818
819819
820820 SB1464- 23 -LRB103 27434 AWJ 53806 b SB1464 - 23 - LRB103 27434 AWJ 53806 b
821821 SB1464 - 23 - LRB103 27434 AWJ 53806 b
822822 1 injury to his person shall file in the office of the Attorney
823823 2 General and also in the office of the Clerk of the Court of
824824 3 Claims, either by himself, his agent, or attorney, giving the
825825 4 name of the person to whom the cause of action has accrued, the
826826 5 name and residence of the person injured, the date and about
827827 6 the hour of the accident, the place or location where the
828828 7 accident occurred, a brief description of how the accident
829829 8 occurred, and the name and address of the attending physician,
830830 9 if any, except as otherwise provided by the Crime Victims
831831 10 Compensation Act.
832832 11 In actions for death by wrongful act, neglect or default,
833833 12 the executor of the estate, or in the event there is no will,
834834 13 the administrator or other personal representative of the
835835 14 decedent, shall file within 1 year of the date of death or the
836836 15 date that the executor or administrator is qualified,
837837 16 whichever occurs later, in the office of the Attorney General
838838 17 and also in the office of the Clerk of the Court of Claims,
839839 18 giving the name of the person to whom the cause of action has
840840 19 accrued, the name and last residence of the decedent, the date
841841 20 of the accident causing death, the date of the decedent's
842842 21 demise, the place or location where the accident causing the
843843 22 death occurred, the date and about the hour of the accident, a
844844 23 brief description of how the accident occurred, and the names
845845 24 and addresses of the attending physician and treating hospital
846846 25 if any, except as otherwise provided by the Crime Victims
847847 26 Compensation Act.
848848
849849
850850
851851
852852
853853 SB1464 - 23 - LRB103 27434 AWJ 53806 b
854854
855855
856856 SB1464- 24 -LRB103 27434 AWJ 53806 b SB1464 - 24 - LRB103 27434 AWJ 53806 b
857857 SB1464 - 24 - LRB103 27434 AWJ 53806 b
858858 1 A claimant is not required to file the notice required by
859859 2 this Section if he or she files his or her claim within one
860860 3 year of its accrual.
861861 4 (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
862862 5 (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
863863 6 Sec. 22-2. If the notice provided for by Section 22-1 is
864864 7 not filed as provided in that Section, any such action
865865 8 commenced against the State of Illinois, the Illinois Medical
866866 9 District Center Commission, the Mid-Illinois Medical District
867867 10 Commission, the Mid-America Medical District Commission, the
868868 11 Roseland Community Medical District Commission,the Humboldt
869869 12 Park Community Medical District Commission, the Board of
870870 13 Trustees of the University of Illinois, the Board of Trustees
871871 14 of Southern Illinois University, the Board of Trustees of
872872 15 Chicago State University, the Board of Trustees of Eastern
873873 16 Illinois University, the Board of Trustees of Governors State
874874 17 University, the Board of Trustees of Illinois State
875875 18 University, the Board of Trustees of Northeastern Illinois
876876 19 University, the Board of Trustees of Northern Illinois
877877 20 University, the Board of Trustees of Western Illinois
878878 21 University, or the Board of Trustees of the Illinois
879879 22 Mathematics and Science Academy, shall be dismissed and the
880880 23 person to whom any such cause of action accrued for any
881881 24 personal injury shall be forever barred from further action in
882882 25 the Court of Claims for such personal injury, except as
883883
884884
885885
886886
887887
888888 SB1464 - 24 - LRB103 27434 AWJ 53806 b
889889
890890
891891 SB1464- 25 -LRB103 27434 AWJ 53806 b SB1464 - 25 - LRB103 27434 AWJ 53806 b
892892 SB1464 - 25 - LRB103 27434 AWJ 53806 b
893893 1 otherwise provided by the Crime Victims Compensation Act.
894894 2 (Source: P.A. 89-4, eff. 1-1-96.)
895895 3 Section 905. The Eminent Domain Act is amended by changing
896896 4 Section 15-5-49 as follows:
897897 5 (735 ILCS 30/15-5-49 new)
898898 6 Sec. 15-5-49. Eminent domain powers in new Acts. The
899899 7 following provisions of law may include express grants of the
900900 8 power to acquire property by condemnation or eminent domain:
901901 9 Humboldt Park Community Medical District Act; medical
902902 10 district; for general purposes.
903903 11 Section 910. The State Finance Act is amended by adding
904904 12 Section 5.990 as follows:
905905 13 (30 ILCS 105/5.990 new)
906906 14 Sec. 5.990. The Humboldt Park Community Medical District
907907 15 Income Fund.
908908 16 Section 999. Effective date. This Act takes effect upon
909909 17 becoming law.
910910
911911
912912
913913
914914
915915 SB1464 - 25 - LRB103 27434 AWJ 53806 b