Public Act 097-0259
 
HB1888 EnrolledLRB097 06055 RLJ 46128 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Roseland Community Medical District Act.
 
    Section 5. Creation of District. There is created a medical
center district, the Roseland Community Medical District,
whose boundaries are West 110th Street on the North from South
Stewart Avenue on the West to South Michigan Avenue on the East
and West 112th Street and East 112th Street on the South. The
District is created to attract and retain academic centers of
excellence, viable health care facilities, medical research
facilities, emerging high technology enterprises, and other
facilities and uses as permitted by this Act.
 
    Section 10. The Roseland Community Medical District
Commission.
    (a) There is created a body politic and corporate under the
corporate name of the Roseland Community Medical District
Commission whose general purpose, in addition to and not in
limitation of those purposes and powers set forth in this Act,
is to:
        (1) maintain the proper surroundings for a medical
    center and a related technology center in order to attract,
    stabilize, and retain within the District hospitals,
    clinics, research facilities, educational facilities, or
    other facilities permitted under this Act; and
        (2) provide for the orderly creation, maintenance,
    development, and expansion of (i) health care facilities
    and other ancillary or related facilities that the
    Commission may from time to time determine are established
    and operated (A) for any aspect of the carrying out of the
    Commission's purposes as set forth in this Act, (B) for the
    study, diagnosis, and treatment of human ailments and
    injuries, whether physical or mental, or (C) to promote
    medical, surgical, and scientific research and knowledge
    as permitted under this Act; and (ii) medical research and
    high technology parks, together with the necessary lands,
    buildings, facilities, equipment, and personal property
    for those parks.
    (b) The Commission has perpetual succession and the power
to contract and be contracted with, to sue and be sued except
in tort actions, to plead and be impleaded, to have and use a
common seal, and to alter the same at pleasure. All tort
actions against the Commission shall be prosecuted in the Court
of Claims. The principal office of the Commission shall be
located at the Roseland Community Hospital. The Commission
shall obtain any personnel as the Commission deems advisable to
carry out the purposes of this Act and the work of the
Commission.
    (c) The Commission shall consist of 9 appointed members and
3 ex officio members. Three members shall be appointed by the
Governor. Three members shall be appointed by the Mayor of the
City of Chicago. Three members shall be appointed by the
Chairman of the County Board of Cook County. All appointed
members shall hold office for a term of 3 years ending on
December 31, and until their successors are appointed and have
qualified; except that of the initial appointed members, each
appointing authority shall designate one appointee to serve for
a term ending December 31, 2011, one appointee to serve for a
term ending December 31, 2012, and one appointee to serve for a
term ending December 31, 2013. The Director of Commerce and
Economic Opportunity or his or her designee, the Director of
Public Health or his or her designee, and the Secretary of
Human Services or his or her designee shall serve as ex officio
members.
    (d) Any vacancy in the appointed membership of the
Commission occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of
any of the members of the Commission shall be filled by the
authority that appointed the particular member, and for the
unexpired term of office of that particular member.
    (e) The Commission shall hold regular meetings annually for
the election of a President, Vice President, Secretary, and
Treasurer, for the adoption of a budget, and for any other
business as may properly come before it. The Commission shall
establish the duties and responsibilities of its officers by
rule. The President or any 3 members of the Commission may call
special meetings of the Commission. Each commissioner shall
take an oath of office for the faithful performance of his or
her duties. The Commission may not transact business at a
meeting of the Commission unless there is present at the
meeting a quorum consisting of at least 7 commissioners.
Meetings may be held by telephone conference or other
communications equipment by means of which all persons
participating in the meeting can communicate with each other.
    (f) The Commission shall submit to the General Assembly,
not later than March 1 of each odd numbered year, a detailed
report covering its operations for the 2 preceding calendar
years and a statement of its program for the next 2 years.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives; the President, the Minority Leader, and the
Secretary of the Senate; the Legislative Research Unit as
required by Section 3.1 of the General Assembly Organization
Act; and the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
    (g) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts
audits of State agencies under the Illinois State Auditing Act.
    (h) Neither the Commission nor the District have any power
to tax.
    (i) The Commission is a public body and subject to the Open
Meetings Act and the Freedom of Information Act.
 
    Section 15. Grants; loans; contracts. The Commission may
apply for and accept grants, loans, or appropriations from the
State of Illinois, the federal government, any State or federal
agency or instrumentality, any unit of local government, or any
other person or entity to be used for any of the purposes of
the District. The Commission may enter into any agreement with
the State of Illinois, the federal government, any State or
federal instrumentality, any unit of local government, or any
other person or entity in relation to the grants, matching
grants, loans, or appropriations. The Commission also may, by
contractual agreement, accept and collect assessments or fees
from entities that enter into such a contractual agreement for
District enhancement and improvements, common area shared
services, shared facilities, or other activities or
expenditures in furtherance of the purposes of this Act. The
Commission may make grants to neighborhood organizations
within the District for the purpose of benefitting the Medical
District.
 
    Section 20. Property; acquisition. The Commission is
authorized to acquire the fee simple title to real property
lying within the District and personal property required for
its purposes, by gift, purchase, or otherwise. Title shall be
taken in the corporate name of the Commission. The Commission
may acquire by lease any real property located within the
District and personal property found by the Commission to be
necessary for its purposes and to which the Commission finds
that it need not acquire the fee simple title for carrying out
of those purposes. All real and personal property within the
District, except that owned and used for purposes authorized
under this Act by medical institutions or allied educational
institutions, hospitals, dispensaries, clinics, dormitories or
homes for the nurses, doctors, students, instructors, or other
officers or employees of those institutions located in the
District, or any real property that is used for offices or for
recreational purposes in connection with those institutions,
or any improved residential property within a historical
district properly designated under a federal statute or a State
or local statute that has been certified by the Secretary of
the Interior of the United States to the Secretary of the
Treasury of the United States as containing criteria that will
substantially achieve the purpose of preserving and
rehabilitating buildings of historical significance to the
District, may be acquired by the Commission in its corporate
name under the provisions for the exercise of the right of
eminent domain under the Eminent Domain Act. The Commission has
no quick take powers, no zoning powers, and no power to
establish or enforce building codes. The Commission may not
acquire any property pursuant to this Section before a
comprehensive master plan has been approved under Section 60.
Property owned by and exclusively used by the Commission shall
be exempt from taxation.
 
    Section 25. Construction. The Commission may, in its
corporate capacity, construct or cause to be constructed within
the District hospitals, sanitariums, clinics, laboratories, or
any other institution, building, or structure or other
ancillary or related facilities that the Commission may, from
time to time, determine are established and operated (i) for
the carrying out of any aspect of the Commission's purposes as
set forth in this Act, for the study, diagnosis, and treatment
of human ailments and injuries, whether physical or mental, or
to promote medical, surgical, and scientific research and
knowledge, for any uses the Commission shall determine will
support and nurture facilities and uses permitted by this Act,
or for any nursing, extended care, or other facilities as the
Commission shall find useful in the study of, research in, or
treatment of illnesses or infirmities peculiar to aged people,
after a public hearing to be held by any commissioner or other
person authorized by the Commission to conduct the hearing, the
commissioner or other person has the power to administer oaths
and affirmations and take the testimony of witnesses and
receive any documentary evidence as shall be pertinent, the
commissioner or other person shall certify to the Commission
the record of the hearing, the record shall become part of the
records of the Commission, notice of the time, place, and
purpose of the hearings to be given by a single publication
notice in a secular newspaper of general circulation in Cook
County at least 10 days before the date of the hearing, or (ii)
for any institutions that engage in the training, education, or
rehabilitation of persons who by reason of illness or physical
infirmity are wholly or partially deprived of their powers of
vision or hearing or of the use of any other part or parts of
their bodies as to prevent them from pursuing normal activities
of life, for office buildings for physicians or dealers in
medical accessories, for dormitories, homes, or residences for
the medical profession, including interns, nurses, students,
or other officers or employees of the institutions within the
District, for the use of relatives of patients in the hospitals
or other institutions within the District, for the
rehabilitation or establishment of residential structures
within a historic district properly designated under a federal
statute or a State or local statute that has been certified by
the Secretary of the Interior of the United States to the
Secretary of the Treasury of the United States as containing
criteria that will substantially achieve the purpose of
preserving and rehabilitating buildings of historic
significance to the District, or any other areas of the
District as the Commission shall designate, for research,
development, and resultant production in any of the fields of
medicine, chemistry, pharmaceuticals, physics, and genetically
engineered products, for biotechnology, information
technology, medical technology, or environmental technology,
for the research and development of engineering, or for
computer technology related to any of the purposes for which
the Commission may construct structures and improvements
within the District. All structures and improvements shall be
erected and constructed in accordance with the provisions of
the Illinois Procurement Code that apply to State agencies. No
construction may be undertaken pursuant to this Section before
a comprehensive master plan has been approved under Section 60.
 
    Section 30. Relocation assistance. The Commission may
provide relocation assistance to persons and entities
displaced by the Commission's acquisition of property and
improvement of the District. Relocation assistance shall not be
less than that provided under the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
and the regulations under that Act, including the eligibility
criteria. Relocation assistance may include assistance with
the moving of a residential unit to a new location. The
Commission shall establish a single point of contact for all
relocation assistance under this Section.
 
    Section 35. Power to sell or lease. The Commission may
sell, convey, transfer, or lease, all at fair market value, any
title or interest in real property owned by it to any person or
persons, to be used, subject to the restrictions of this Act,
for the purposes stated in Section 25, for the purpose of
serving persons using the facilities offered within the
District, or for carrying out of any aspect of the Commission's
purposes as set forth in Section 10 of this Act, subject to the
restrictions as to the use of the real property as the
Commission determines will carry out the purpose of this Act.
To assure that the use of the real property sold or leased
under this Section is in accordance with the provisions of this
Act, the Commission shall inquire into and satisfy itself
concerning the financial ability of the purchaser to complete
the project for which the real property is sold or leased in
accordance with a plan to be presented by the purchaser or
lessee, which plan shall be submitted, in writing, to the
Commission. Under the plan, the purchaser or lessee shall
undertake (i) to use the land for the purposes designated in
the presented plan; (ii) to commence and complete the
construction of the buildings or other structures to be
included in the project within the periods of time as the
Commission fixes as reasonable; and (iii) to comply with any
other conditions as the Commission shall determine are
necessary to carry out the project. All conveyances and leases
authorized in this Section shall be on condition that, in the
event of use for other than the purposes prescribed in this
Act, or of nonuse for a period of one year, title to the
property reverts to the Commission. All conveyances and leases
made by the Commission to any corporation or person for the use
of serving the residents or any person using the facilities
offered within the District shall be on condition that in the
event of violation of any of the restrictions as to the use of
the property as the Commission shall have determined will carry
out the purposes of this Act, that title to the property
reverts to the Commission. If, however, the Commission finds
that financing necessary for the acquisition or lease of any
real estate or for the construction of any building or
improvement to be used for purposes prescribed in this Act
cannot be obtained if title to the land, building, or
improvement is subject to such a reverter provision, the
finding shall be made by the Commission after a public hearing
held pursuant to a single publication notice given in a secular
newspaper of general circulation in Cook County at least 10
days before the date of the hearing, the notice to specify the
time, place, and purpose for the hearing, and upon that finding
being made, the Commission may cause the real property to be
conveyed free of a reverter provision, provided that at least 7
members of the Commission vote in favor thereof. The Commission
may also provide in the conveyances, leases, or other
documentation provisions for notice of such violations or
default and the cure thereof for the benefit of any lender or
mortgagee as the Commission shall determine are appropriate.
If, at a regularly scheduled meeting, the Commission resolves
that a parcel of real estate leased by it, or in which it has
sold the fee simple title or any lesser estate, is not being
used for the purposes prescribed in this Act or has been in
nonuse for a period of one year, the Commission may file a
lawsuit in the circuit court of Cook County to enforce the
terms of the sale or lease. If a reverter of title to any
property is ordered by the court under the terms of this Act,
the interest of the Commission shall be subject to any then
existing valid mortgage or trust deed in the nature of a
mortgage, but if the title is acquired through foreclosure of
that mortgage or trust deed or by deed in lieu of foreclosure
of that mortgage or trust deed, then the title to the property
shall not revert, but shall be subject to the restrictions as
to use, but not any penalty for nonuse, contained in this Act
with respect to any mortgagee in possession or its successor or
assigns.
    The Commission may not sell, convey, transfer, or lease any
property pursuant to this Section before a comprehensive master
plan has been approved under Section 60.
 
    Section 40. Notice. Before holding any public hearing
prescribed in Section 35 of this Act, or any meeting regarding
the passage of any resolution to file a lawsuit, the Commission
shall give notice to the grantee or lessee, or his or her legal
representatives, successors, or assigns, of the time and place
of the proceeding. The notice shall be accompanied by a
statement signed by the secretary of the Commission, or by any
person authorized by the Commission to sign the same, setting
forth any act or things done or omitted to be done in
violation, or claimed to be in violation, of any restriction as
to the use of the property, whether the restriction is
prescribed in any of the terms of this Act or by any
restriction as to the use of the property determined by the
Commission under the terms of this Act. The notice of the time
and place fixed for the proceeding shall also be given to any
person or persons as the Commission shall deem necessary. The
notice may be given by registered mail, addressed to the
grantee, lessee, or legal representatives, successors, or
assigns, at the last known address of the grantee, lessee, or
legal representatives, successors, or assigns.
 
    Section 45. Rules. The Commission may adopt reasonable and
proper rules, in accordance with the Illinois Administrative
Procedure Act, relative to the exercise of its powers, and
proper rules to govern its proceedings, to regulate the mode
and manner of all hearings held by it or at its direction, and
to alter and amend those rules.
 
    Section 50. Official documents. Copies of all official
documents, findings, and orders of the Commission, certified by
a commissioner or by the secretary of the Commission to be true
copies of the originals, under the official seal of the
Commission, shall be evidence in like manner as the originals.
 
    Section 55. Judicial review. Any party may obtain a
judicial review of a final order or decision of the Commission
in the circuit court of Cook County only under and in
accordance with the provisions of the Administrative Review Law
and the rules adopted under that Law. The circuit court shall
take judicial notice of all the rules of practice and procedure
of the Commission.
 
    Section 60. Master plan; improvement and management of
District. The Commission shall prepare and approve a
comprehensive master plan for the orderly development and
management of all property within the District. The master
plan, and any amendment to the master plan, shall not take
effect, however, until it has been approved by the Board of the
Roseland Community Medical District. The Commission shall take
the actions permitted to be taken by it under this Act as it
may determine are appropriate to provide conditions most
favorable for the special care and treatment of the sick and
injured, for the study of disease, and for any other purpose
set forth in Section 25 of this Act. In the master plan, the
Commission may provide for shared services and facilities
within the District for the accredited schools of medicine and
the licensed non-profit acute care hospitals within the
District.
 
    Section 65. Public hearing. The Commission shall conduct a
public hearing prior to either acquiring through eminent domain
under Section 20 of this Act real or personal property within
the District or approving under Section 60 of this Act a
comprehensive master plan. The Commission shall also conduct a
public hearing whenever it is otherwise required by law to do
so, and may conduct a public hearing whenever it may elect to
do so.
    The Commission shall conduct the public hearing called by
it in accordance with the requirements of the law mandating it,
if any, or in accordance with the provisions of this Section if
either the law mandating it is silent as to the procedures for
its holding or if the Commission elects to hold a public
hearing in the absence of any law mandating it.
    In the absence of any law, or of any procedures in any law,
mandating the holding of a public hearing, the Commission may
authorize a commissioner or other person of legal age to
conduct a hearing. The commissioner or other authorized person
has the power to: (i) administer oaths and affirmations, (ii)
take the testimony of witnesses, (iii) take and receive the
production of papers, books, records, accounts, and documents,
(iv) receive pertinent evidence, and (v) certify the record of
the hearing. The record of the hearing shall become part of the
Commission's record. Notice of the time, place, and purpose of
the hearing shall be given by a single publication notice in a
secular newspaper of general circulation within Cook County at
least 10 days before the date of the hearing.
 
    Section 70. Disposition of money; income fund. All money
received by the Commission from the sale or lease of any
property, in excess of the amount expended by the Commission
for authorized purposes under this Act shall be paid into the
State treasury for deposit into the Roseland Community Medical
District Income Fund. The Commission is authorized to use all
money received as rentals for the purposes of planning,
acquisition, and development of property within the District,
for the operation, maintenance, and improvement of property of
the Commission, and for all purposes and powers set forth in
this Act. All moneys held pursuant to this Section shall be
maintained in a depository approved by the State Treasurer. The
Auditor General shall, at least biennially, audit or cause to
be audited all records and accounts of the Commission
pertaining to the operation of the District.
 
    Section 75. Attorney General. The Attorney General of the
State of Illinois is the legal advisor to the Commission and
shall prosecute or defend, as the case may be, all actions
brought by or against the Commission.
 
    Section 90. The Eminent Domain Act is amended by adding
Section 15-5-46 as follows:
 
    (735 ILCS 30/15-5-46 new)
    Sec. 15-5-46. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
 
        Roseland Community Medical District Act; medical
    district; for general purposes.
 
    Section 100. The State Finance Act is amended by adding
Section 5.786 as follows:
 
    (30 ILCS 105/5.786 new)
    Sec. 5.786. The Roseland Community Medical District Income
Fund.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.