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
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
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
LRB103 27434 AWJ 53806 b
A BILL FOR
SB1464LRB103 27434 AWJ 53806 b SB1464 LRB103 27434 AWJ 53806 b
SB1464 LRB103 27434 AWJ 53806 b
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 Humboldt Park Community Medical District Act.
6 Section 5. Creation of District; purpose. There is hereby
7 created in the City of Chicago a medical center district
8 called the Humboldt Park Community Medical District, whose
9 boundaries are Division Street on the North, from Sacramento
10 Boulevard on the West to California Avenue on the East, and
11 Augusta Boulevard on the South. The District is created to
12 attract and retain academic centers of excellence, viable
13 health care facilities, emerging high-technology enterprises,
14 and other facilities and uses as permitted by this Act.
15 Section 10. The Humboldt Park Community Medical District
16 Commission.
17 (a) There is hereby created the Humboldt Park Community
18 Medical District Commission whose general purpose, in addition
19 to those other purposes and powers set forth in this Act, is
20 to:
21 (1) maintain the proper surroundings for a medical
22 center and a related technology center in order to
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
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
LRB103 27434 AWJ 53806 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 attract, stabilize, and retain within the District
2 hospitals, clinics, research facilities, educational
3 facilities, or other facilities permitted under this Act;
4 and
5 (2) provide for the orderly creation, maintenance,
6 development, and expansion of (i) health care facilities
7 and other ancillary or related facilities that the
8 Commission determines are established and operated (A) for
9 any aspect of the carrying out of the Commission's
10 purposes as set forth in this Act, (B) for the study,
11 diagnosis, and treatment of human ailments and injuries,
12 whether physical or mental, or (C) to promote medical,
13 surgical, and scientific research and knowledge as
14 permitted under this Act, and (ii) medical research and
15 high-technology parks, together with the necessary lands,
16 buildings, facilities, equipment, and personal property
17 for those parks.
18 (b) The Commission has perpetual succession and the power
19 to contract and be contracted with, to sue and, except in tort
20 actions, to be sued, to plead and be impleaded, to have and use
21 a common seal, and to alter the common seal. All tort actions
22 against the Commission shall be prosecuted in the Court of
23 Claims. The principal office of the Commission shall be
24 located at a hospital operated within the District. The
25 Commission may hire or contract with any personnel as the
26 Commission deems advisable to carry out the purposes of this
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1 Act and the work of the Commission.
2 (c) The Commission shall consist of 9 appointed
3 commissioners and 3 ex officio commissioners. Of the
4 commissioners appointed, 3 shall be appointed by the Governor,
5 with the advice and consent of the Senate, 3 shall be appointed
6 by the Mayor of the City of Chicago, with the advice and
7 consent of the Chicago City Council, and 3 shall be appointed
8 by the President of the Cook County Board of Commissioners,
9 with the advice and consent of the Cook County Board of
10 Commissioners. All appointed commissioners shall hold office
11 for a 3-year term ending on December 31 until their successors
12 are appointed and have qualified; except that, of the initial
13 appointed commissioners, the Governor, Mayor of the City of
14 Chicago, and President of the Cook County Board of
15 Commissioners shall each appoint one appointee for a term
16 ending December 31, 2024, shall each appoint one appointee for
17 a term ending December 31, 2025, and shall each appoint one
18 appointee for a term ending December 31, 2026. The Director of
19 Commerce and Economic Opportunity or his or her designee, the
20 Director of Public Health or his or her designee, and the
21 Secretary of Human Services or his or her designee shall serve
22 as ex officio commissioners.
23 (d) Any vacancy in the office of an appointed commissioner
24 occurring by reason of the death, resignation,
25 disqualification, removal, or inability or refusal to act by
26 the commissioner shall be filled by the authority that
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1 appointed the commissioner for the unexpired term of office of
2 that commissioner.
3 (e) The Commission shall hold regular meetings annually
4 for the election of a president, vice president, secretary,
5 and treasurer, for the adoption of a budget, and for any other
6 business that may properly come before it. The Commission
7 shall establish the duties and responsibilities of its
8 officers by rule. The president or any 3 commissioners of the
9 Commission may call special meetings of the Commission. Each
10 commissioner shall take an oath of office for the faithful
11 performance of his or her duties. The Commission may not
12 transact business at a meeting of the Commission unless there
13 is present at the meeting a quorum consisting of at least 7
14 commissioners. Meetings may be held by telephone conference or
15 other communications equipment by means of which all persons
16 participating in the meeting can communicate with each other.
17 (f) The Commission shall submit to the General Assembly,
18 not later than March 1 of each odd numbered year, a detailed
19 report covering its operations for the 2 preceding calendar
20 years and a statement of its program for the next 2 years.
21 (g) Neither the Commission nor the District have any power
22 to tax.
23 (h) The Commission is a public body and is subject to the
24 Open Meetings Act and the Freedom of Information Act.
25 Section 15. Grants; loans; appropriations; contracts. The
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1 Commission may apply for and accept grants, loans, or
2 appropriations from the State of Illinois, the federal
3 government, a state or federal agency or instrumentality, a
4 unit of local government, or any other person or entity to be
5 used for any of the purposes of the District. The Commission
6 may enter into any agreement with the State of Illinois, the
7 federal government, a state or federal instrumentality, a unit
8 of local government, or any other person or entity in relation
9 to the grants, matching grants, loans, or appropriations.
10 The Commission may, by contract, accept and collect from
11 entities that enter into the contract assessments or fees for
12 District enhancements and improvements, common area shared
13 services, shared facilities, or other activities or
14 expenditures in furtherance of the purposes of this Act.
15 The Commission may make grants to neighborhood
16 organizations within the District for the purpose of
17 benefiting the District.
18 Section 20. Property; acquisition. The Commission may
19 acquire the fee simple title to real property lying within the
20 District and personal property required for its purposes, by
21 gift, purchase, or otherwise. Title shall be taken in the
22 corporate name of the Commission. The Commission may lease any
23 real property located within the District and personal
24 property found by the Commission to be necessary for its
25 purposes and to which the Commission finds that it need not
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1 acquire the fee simple title for carrying out of those
2 purposes.
3 The Commission may acquire in its corporate name, under
4 the provisions for the exercise of the right of eminent domain
5 under the Eminent Domain Act, all real and personal property
6 within the District, except for (i) property owned and used
7 for purposes authorized under this Act by medical institutions
8 or allied educational institutions, hospitals, dispensaries,
9 clinics, dormitories or homes for the nurses, doctors,
10 students, instructors, or other officers or employees of those
11 institutions located in the District, (ii) real property that
12 is used for offices or for recreational purposes in connection
13 with the institutions listed in (i), or (iii) any improved
14 residential property within a historical district properly
15 designated under a federal statute or a State or local statute
16 that has been certified by the Secretary of the Interior of the
17 United States to the Secretary of the Treasury of the United
18 States as containing criteria that will substantially achieve
19 the purpose of preserving and rehabilitating buildings of
20 historical significance to the District.
21 The Commission has no quick-take powers, no zoning powers,
22 and no power to establish or enforce building codes. The
23 Commission may not acquire any property pursuant to this
24 Section before a comprehensive master plan has been approved
25 under Section 60. Property owned by and exclusively used by
26 the Commission is exempt from taxation.
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1 Section 25. Construction and improvements.
2 (a) The Commission may, within the District and in its
3 corporate capacity, construct or make improvements to, or
4 cause to be constructed or improved, a hospital, sanitarium,
5 clinic, laboratory, or any other institution, building,
6 structure, or ancillary or related facility that the
7 Commission determines should be established and operated for
8 any one or more of the following purposes:
9 (1) carrying out of any aspect of the Commission's
10 purposes as set forth in this Act;
11 (2) studying, diagnosing, and treating human ailments
12 and injuries, whether physical or mental, or promoting
13 medical, surgical, and scientific research and knowledge;
14 (3) supporting and nurturing facilities and uses
15 permitted by this Act;
16 (4) providing a nursing facility, extended care
17 facility, or other facilities that the Commission finds
18 useful in the study of, research in, or treatment of
19 illnesses or infirmities specific to the elderly;
20 (5) providing institutions that engage in the
21 training, education, or rehabilitation of persons with a
22 disability, as that term is defined in Section 10 of the
23 Disabilities Services Act of 2003;
24 (6) providing office buildings for physicians or
25 dealers in medical accessories;
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1 (7) providing dormitories, homes, or residences for
2 the medical profession, including interns, nurses,
3 students, or other officers or employees of the
4 institutions within the District, or for the use of
5 relatives of patients in the hospitals or other
6 institutions within the District;
7 (8) rehabilitating or establishing of residential
8 structures within a historic district properly designated
9 under a federal statute or a State or local statute that
10 has been certified by the Secretary of the Interior of the
11 United States to the Secretary of the Treasury of the
12 United States as containing criteria that will
13 substantially achieve the purpose of preserving and
14 rehabilitating buildings of historic significance to the
15 District, or any other areas of the District as the
16 Commission may designate;
17 (9) facilitating research, development, and
18 production, in any of the fields of medicine, chemistry,
19 pharmaceuticals, or physics, of genetically engineered
20 products;
21 (10) providing biotechnology, information technology,
22 medical technology, or environmental technology; and
23 (11) researching and developing engineering or
24 computer technology related to the medical field.
25 The Commission may construct or improve, or cause to be
26 constructed or improved, these institutions, buildings,
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1 structures, or ancillary or related facilities after a public
2 hearing is held by any commissioner or other person authorized
3 by the Commission to conduct the hearing.
4 (b) The Illinois Procurement Code applies to any
5 construction or improvements undertaken pursuant to this
6 Section, and the Commission shall conduct all procurements in
7 a manner that is consistent with that Code. Construction or
8 improvement may not be undertaken pursuant to this Section
9 before a comprehensive master plan has been approved by the
10 Commission under Section 60.
11 Section 30. Relocation assistance. The Commission may
12 provide relocation assistance to persons and entities
13 displaced by the Commission's acquisition of property and
14 improvement of the District. Relocation assistance shall not
15 be less than would be provided by the federal government to a
16 displaced person under the federal Uniform Relocation
17 Assistance and Real Property Acquisition Policies Act of 1970
18 and the regulations promulgated under that Act. As used in
19 this Section, "displaced person" has the meaning ascribed to
20 that term in 42 U.S.C. 4601. Relocation assistance may include
21 assistance with the moving of a residential unit to a new
22 location. The Commission shall identify an individual to serve
23 as a single point of contact for information about relocation
24 assistance provided under this Section.
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1 Section 35. Disposition of Property.
2 (a) The Commission may sell, convey, or lease, all at fair
3 market value, any title or interest in real property owned by
4 it to any person or persons to be used, subject to the
5 restrictions of this Act, for the purposes stated in this Act,
6 for the purpose of serving persons using the facilities
7 offered within the District, or for carrying out of any aspect
8 of the Commission's purposes under Section 10, subject to the
9 restrictions on the use of the real property as the Commission
10 determines will carry out the purpose of this Act. To ensure
11 that real property sold, conveyed, or leased under this
12 subsection is used in accordance with this Act, the Commission
13 shall inquire into and satisfy itself concerning the financial
14 ability of the purchaser, conveyee, or lessee to complete the
15 project for which the real property is sold, conveyed, or
16 leased in accordance with a written plan to be submitted by the
17 purchaser, conveyee, or lessee to the Commission. Under the
18 plan, the purchaser, conveyee, or lessee shall promise (i) to
19 use the land for the purposes designated in the presented
20 plan, (ii) to commence and complete the construction of the
21 buildings or other structures to be included in the project
22 within the periods of time that the Commission determines, and
23 (iii) to comply with any other conditions that the Commission
24 determines are necessary to carry out the project.
25 All sales, conveyances, and leases authorized in this
26 subsection shall be made on the condition that, if used other
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1 than for the purposes prescribed in this Act, or unused for a
2 period of at least one year, title to the property reverts to
3 the Commission. All sales, conveyances, and leases made by the
4 Commission to any person for use by residents or any other
5 person shall be on the condition that if the resident or other
6 person violates any of the restrictions as to the use of the
7 property as the Commission has determined will carry out the
8 purposes of this Act, then title to the property reverts to the
9 Commission. If, however, the Commission finds that financing
10 necessary for the acquisition or lease of any real estate or
11 for the construction of any building or improvement to be used
12 for purposes prescribed in this Act cannot be obtained if
13 title to the land, building, or improvement is subject to such
14 a reverter provision, the finding shall be made by the
15 Commission after a public hearing is held. Upon the finding
16 being made, the Commission may cause the real property to be
17 conveyed free of a reverter provision if at least 7
18 commissioners vote in favor of the sale, conveyance, or lease
19 without the reverter provision. The Commission may also
20 include, in the sales agreement, conveyance, lease agreement,
21 or other documentation, provisions for notice of the
22 violations or default and how to cure violations or default
23 for the benefit of any lender or mortgagee as the Commission
24 may determine is appropriate.
25 If, at a regularly scheduled meeting, the Commission
26 resolves that a parcel of real estate conveyed or leased by it,
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1 or in which it has sold the fee simple title or any lesser
2 estate, is not being used for the purposes prescribed in this
3 Act or has been unused for a period of at least one year, the
4 Commission may file a lawsuit in the Cook County Circuit Court
5 to enforce the terms of the sale, conveyance, or lease. If a
6 reverter of title to any property is ordered by the court under
7 the terms of this Act, the interest of the Commission shall be
8 subject to any then existing, valid mortgage or trust deed in
9 the nature of a mortgage, but if the title is acquired through
10 foreclosure of that mortgage or trust deed or by deed in lieu
11 of foreclosure of that mortgage or trust deed, then the title
12 to the property shall not revert, but shall be subject to the
13 restrictions as to use, but not any penalty for nonuse,
14 contained in this Act with respect to any mortgagee in
15 possession or its successor or assigns.
16 (b) If, at a regularly scheduled meeting, the Commission
17 resolves that a parcel of real estate that is owned by the
18 Commission is no longer needed for District purposes, the
19 Commission may authorize the sale or public auction of the
20 parcel. The resolution shall direct the sale to be conducted
21 by (i) the staff of the Commission, (ii) listing with local
22 licensed real estate agencies, in which case the terms of the
23 agent's compensation shall be included in the resolution,
24 (iii) or public auction. The resolution shall be published at
25 the first opportunity following its passage in a newspaper
26 published in the District or, if none, then in a newspaper
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1 published in the county where the District is located. The
2 resolution shall also contain pertinent information concerning
3 the size, use, and zoning of the parcel and the terms of sale.
4 (c) The Commission may not sell, convey, or lease any
5 property pursuant to this Section before a comprehensive
6 master plan has been approved under Section 60.
7 Section 40. Notice. Before holding a public hearing
8 required under Section 35 or a meeting regarding the passage
9 of a resolution to file a lawsuit, the Commission shall give
10 notice to the grantee or lessee, or his or her legal
11 representatives, successors, or assigns, of the time and place
12 of the proceeding. The notice shall be accompanied by a
13 statement signed by the secretary of the Commission, or by any
14 person authorized by the Commission to sign the statement,
15 setting forth any act or things done or omitted to be done in
16 violation, or claimed to be in violation, of any restriction
17 on the use of the property, whether the restriction is
18 prescribed in any of the terms of this Act or by any
19 restriction on the use of the property determined by the
20 Commission under the terms of this Act. The notice of the time
21 and place fixed for the proceeding shall also be given to any
22 person as the Commission deems necessary. The notice may be
23 given by registered mail, addressed to the grantee, lessee, or
24 legal representatives, successors, or assigns, at the last
25 known address of the grantee, lessee, or legal
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1 representatives, successors, or assigns.
2 Section 45. Rules. The Commission may adopt rules,
3 pursuant to the Illinois Administrative Procedure Act,
4 regarding the exercise of its powers, governing its
5 proceedings, and regulating all hearings held by it or at its
6 direction, and it may also amend those rules.
7 Section 50. Certified copies of documents. Copies of all
8 official documents, findings, and orders of the Commission,
9 certified by a commissioner or by the secretary of the
10 Commission to be true copies of the originals, under the
11 official seal of the Commission, shall be evidence as if those
12 copies were the originals.
13 Section 55. Judicial review. A party may obtain a judicial
14 review of a final order or decision of the Commission in the
15 Cook County Circuit Court only in accordance with the
16 provisions of the Administrative Review Law and the rules
17 adopted under that Law. The Cook County Circuit Court shall
18 take judicial notice of all the rules of practice and
19 procedure of the Commission.
20 Section 60. Master plan; improvement and management of
21 District. The Commission shall prepare and approve a
22 comprehensive master plan under Section 60 for the orderly
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1 development and management of all property within the
2 District. The master plan, and any amendment to the master
3 plan, shall not take effect, however, until it has been
4 approved by the Commission. The Commission shall take the
5 actions permitted to be taken by it under this Act as it may
6 determine are appropriate to provide conditions most favorable
7 for the special care and treatment of the sick and injured, for
8 the study of disease, and for any other purpose set forth in
9 this Act. In the master plan, the Commission may provide for
10 shared services and facilities within the District for the
11 accredited schools of medicine and the licensed nonprofit
12 acute care hospitals within the District.
13 Section 65. Public hearings. The Commission shall conduct
14 a public hearing before taking any of the actions described in
15 Section 25, making specified reverter-related findings under
16 Section 35, or approving a comprehensive master plan under
17 Section 60. The Commission shall also conduct a public hearing
18 whenever it is otherwise required by law to do so and may
19 conduct a public hearing whenever it may elect to do so. If
20 there is no law governing a specific type of public hearing,
21 the Commission shall conduct that public hearing pursuant to
22 the Open Meetings Act and this Section.
23 The Commission may authorize a commissioner or other
24 person of legal age to conduct a hearing not otherwise
25 required by law. The commissioner or other authorized person
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1 may (i) administer oaths and affirmations, (ii) take the
2 testimony of witnesses, (iii) take and receive the production
3 of papers, books, records, accounts, and documents, (iv)
4 receive pertinent evidence, and (v) certify the record of the
5 hearing. The record of the hearing shall become part of the
6 Commission's record. Notice of the time, place, and purpose of
7 the hearing shall be given by a single publication notice in a
8 secular newspaper of general circulation within Cook County at
9 least 10 days before the date of the hearing.
10 Section 70. Disposition of money; income fund; rental
11 moneys; audits.
12 (a) Money received by the Commission from the sale,
13 conveyance, or lease of any property, in excess of the amount
14 expended by the Commission for authorized purposes under this
15 Act, shall be deposited into the Humboldt Park Community
16 Medical District Income Fund, a special fund that is created
17 in the State treasury, and may be expended as provided in this
18 Section and this Act.
19 (b) The Commission may use all money deposited into the
20 Humboldt Park Community Medical District Income Fund from
21 rentals for the purposes of planning, acquisition, and
22 development of property within the District, for the
23 operation, maintenance, and improvement of property of the
24 Commission, and for all purposes and powers set forth in this
25 Act.
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1 (c) The Auditor General shall conduct audits of the
2 Commission in the same manner as the Auditor General conducts
3 audits of State agencies under the Illinois State Auditing
4 Act. The Auditor General shall, at least biennially, audit or
5 cause to be audited all records and accounts of the Commission
6 pertaining to the operation of the District.
7 Section 75. Attorney General. The Attorney General is the
8 legal advisor to the Commission and shall prosecute or defend,
9 as the case may be, all actions brought by or against the
10 Commission.
11 Section 900. The Court of Claims Act is amended by
12 changing Sections 8, 22-1, and 22-2 as follows:
13 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
14 Sec. 8. Court of Claims jurisdiction; deliberation
15 periods. The court shall have exclusive jurisdiction to hear
16 and determine the following matters:
17 (a) All claims against the State founded upon any law
18 of the State of Illinois or upon any regulation adopted
19 thereunder by an executive or administrative officer or
20 agency; provided, however, the court shall not have
21 jurisdiction (i) to hear or determine claims arising under
22 the Workers' Compensation Act or the Workers' Occupational
23 Diseases Act, or claims for expenses in civil litigation,
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1 or (ii) to review administrative decisions for which a
2 statute provides that review shall be in the circuit or
3 appellate court.
4 (b) All claims against the State founded upon any
5 contract entered into with the State of Illinois.
6 (c) All claims against the State for time unjustly
7 served in prisons of this State when the person imprisoned
8 received a pardon from the Governor stating that such
9 pardon is issued on the ground of innocence of the crime
10 for which he or she was imprisoned or he or she received a
11 certificate of innocence from the Circuit Court as
12 provided in Section 2-702 of the Code of Civil Procedure;
13 provided, the amount of the award is at the discretion of
14 the court; and provided, the court shall make no award in
15 excess of the following amounts: for imprisonment of 5
16 years or less, not more than $85,350; for imprisonment of
17 14 years or less but over 5 years, not more than $170,000;
18 for imprisonment of over 14 years, not more than $199,150;
19 and provided further, the court shall fix attorney's fees
20 not to exceed 25% of the award granted. On or after the
21 effective date of this amendatory Act of the 95th General
22 Assembly, the court shall annually adjust the maximum
23 awards authorized by this subsection (c) to reflect the
24 increase, if any, in the Consumer Price Index For All
25 Urban Consumers for the previous calendar year, as
26 determined by the United States Department of Labor,
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1 except that no annual increment may exceed 5%. For the
2 annual adjustments, if the Consumer Price Index decreases
3 during a calendar year, there shall be no adjustment for
4 that calendar year. The transmission by the Prisoner
5 Review Board or the clerk of the circuit court of the
6 information described in Section 11(b) to the clerk of the
7 Court of Claims is conclusive evidence of the validity of
8 the claim. The changes made by this amendatory Act of the
9 95th General Assembly apply to all claims pending on or
10 filed on or after the effective date.
11 (d) All claims against the State for damages in cases
12 sounding in tort, if a like cause of action would lie
13 against a private person or corporation in a civil suit,
14 and all like claims sounding in tort against the Illinois
15 Medical District Center Commission, the Mid-Illinois
16 Medical District Commission, the Mid-America Medical
17 District Commission, the Roseland Community Medical
18 District Commission, the Humboldt Park Community Medical
19 District Commission, the Board of Trustees of the
20 University of Illinois, the Board of Trustees of Southern
21 Illinois University, the Board of Trustees of Chicago
22 State University, the Board of Trustees of Eastern
23 Illinois University, the Board of Trustees of Governors
24 State University, the Board of Trustees of Illinois State
25 University, the Board of Trustees of Northeastern Illinois
26 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; provided, that an award
4 for damages in a case sounding in tort, other than certain
5 cases involving the operation of a State vehicle described
6 in this paragraph, shall not exceed the sum of $2,000,000
7 to or for the benefit of any claimant. The $2,000,000
8 limit prescribed by this Section does not apply to an
9 award of damages in any case sounding in tort arising out
10 of the operation by a State employee of a vehicle owned,
11 leased or controlled by the State. The defense that the
12 State, or the Illinois Medical District Center Commission,
13 the Mid-Illinois Medical District Commission, the
14 Mid-America Medical District Commission, the Roseland
15 Community Medical District Commission, the Humboldt Park
16 Community Medical District Commission, or the Board of
17 Trustees of the University of Illinois, the Board of
18 Trustees of Southern Illinois University, the Board of
19 Trustees of Chicago State University, the Board of
20 Trustees of Eastern Illinois University, the Board of
21 Trustees of Governors State University, the Board of
22 Trustees of Illinois State University, the Board of
23 Trustees of Northeastern Illinois University, the Board of
24 Trustees of Northern Illinois University, the Board of
25 Trustees of Western Illinois University, or the Board of
26 Trustees of the Illinois Mathematics and Science Academy
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1 is not liable for the negligence of its officers, agents,
2 and employees in the course of their employment is not
3 applicable to the hearing and determination of such
4 claims. The changes to this Section made by this
5 amendatory Act of the 100th General Assembly apply only to
6 claims filed on or after July 1, 2015.
7 The court shall annually adjust the maximum awards
8 authorized by this subsection to reflect the increase, if
9 any, in the Consumer Price Index For All Urban Consumers
10 for the previous calendar year, as determined by the
11 United States Department of Labor. The Comptroller shall
12 make the new amount resulting from each annual adjustment
13 available to the public via the Comptroller's official
14 website by January 31 of every year.
15 (e) All claims for recoupment made by the State of
16 Illinois against any claimant.
17 (f) All claims pursuant to the Line of Duty
18 Compensation Act. A claim under that Act must be heard and
19 determined within one year after the application for that
20 claim is filed with the Court as provided in that Act.
21 (g) All claims filed pursuant to the Crime Victims
22 Compensation Act.
23 (h) All claims pursuant to the Illinois National
24 Guardsman's Compensation Act. A claim under that Act must
25 be heard and determined within one year after the
26 application for that claim is filed with the Court as
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1 provided in that Act.
2 (i) All claims authorized by subsection (a) of Section
3 10-55 of the Illinois Administrative Procedure Act for the
4 expenses incurred by a party in a contested case on the
5 administrative level.
6 (Source: P.A. 100-1124, eff. 11-27-18.)
7 (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
8 Sec. 22-1. Within 1 year from the date that such an injury
9 was received or such a cause of action accrued, any person who
10 is about to commence any action in the Court of Claims against
11 the State of Illinois, the Illinois Medical District Center
12 Commission, the Mid-Illinois Medical District Commission, the
13 Mid-America Medical District Commission, the Roseland
14 Community Medical District Commission, the Humboldt Park
15 Community Medical District Commission, the Board of Trustees
16 of the University of Illinois, the Board of Trustees of
17 Southern Illinois University, the Board of Trustees of Chicago
18 State University, the Board of Trustees of Eastern Illinois
19 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, for damages on account of any
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1 injury to his person shall file in the office of the Attorney
2 General and also in the office of the Clerk of the Court of
3 Claims, either by himself, his agent, or attorney, giving the
4 name of the person to whom the cause of action has accrued, the
5 name and residence of the person injured, the date and about
6 the hour of the accident, the place or location where the
7 accident occurred, a brief description of how the accident
8 occurred, and the name and address of the attending physician,
9 if any, except as otherwise provided by the Crime Victims
10 Compensation Act.
11 In actions for death by wrongful act, neglect or default,
12 the executor of the estate, or in the event there is no will,
13 the administrator or other personal representative of the
14 decedent, shall file within 1 year of the date of death or the
15 date that the executor or administrator is qualified,
16 whichever occurs later, in the office of the Attorney General
17 and also in the office of the Clerk of the Court of Claims,
18 giving the name of the person to whom the cause of action has
19 accrued, the name and last residence of the decedent, the date
20 of the accident causing death, the date of the decedent's
21 demise, the place or location where the accident causing the
22 death occurred, the date and about the hour of the accident, a
23 brief description of how the accident occurred, and the names
24 and addresses of the attending physician and treating hospital
25 if any, except as otherwise provided by the Crime Victims
26 Compensation Act.
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1 A claimant is not required to file the notice required by
2 this Section if he or she files his or her claim within one
3 year of its accrual.
4 (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
5 (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
6 Sec. 22-2. If the notice provided for by Section 22-1 is
7 not filed as provided in that Section, any such action
8 commenced against the State of Illinois, the Illinois Medical
9 District Center Commission, the Mid-Illinois Medical District
10 Commission, the Mid-America Medical District Commission, the
11 Roseland Community Medical District Commission,the Humboldt
12 Park Community Medical District Commission, the Board of
13 Trustees of the University of Illinois, the Board of Trustees
14 of Southern Illinois University, the Board of Trustees of
15 Chicago State University, the Board of Trustees of Eastern
16 Illinois University, the Board of Trustees of Governors State
17 University, the Board of Trustees of Illinois State
18 University, the Board of Trustees of Northeastern Illinois
19 University, the Board of Trustees of Northern Illinois
20 University, the Board of Trustees of Western Illinois
21 University, or the Board of Trustees of the Illinois
22 Mathematics and Science Academy, shall be dismissed and the
23 person to whom any such cause of action accrued for any
24 personal injury shall be forever barred from further action in
25 the Court of Claims for such personal injury, except as
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1 otherwise provided by the Crime Victims Compensation Act.
2 (Source: P.A. 89-4, eff. 1-1-96.)
3 Section 905. The Eminent Domain Act is amended by changing
4 Section 15-5-49 as follows:
5 (735 ILCS 30/15-5-49 new)
6 Sec. 15-5-49. Eminent domain powers in new Acts. The
7 following provisions of law may include express grants of the
8 power to acquire property by condemnation or eminent domain:
9 Humboldt Park Community Medical District Act; medical
10 district; for general purposes.
11 Section 910. The State Finance Act is amended by adding
12 Section 5.990 as follows:
13 (30 ILCS 105/5.990 new)
14 Sec. 5.990. The Humboldt Park Community Medical District
15 Income Fund.
16 Section 999. Effective date. This Act takes effect upon
17 becoming law.
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