Public Act 097-0825
 
SB3514 EnrolledLRB097 15727 CEL 60871 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Medical District Act is amended by
changing Sections 2, 4, 5, and 10 as follows:
 
    (70 ILCS 915/2)  (from Ch. 111 1/2, par. 5002)
    Sec. 2. Illinois Medical District Commission.
    (a) There is hereby created a political subdivision, unit
of local government, body politic and corporate under the
corporate name of Illinois Medical District Commission,
hereinafter called the Commission, whose general purpose in
addition to and not in limitation of those purposes and powers
set forth in other Sections of this Act shall be to:
        (1) maintain the proper surroundings for a medical
    center and a related technology center in order to attract,
    stabilize, and retain therein hospitals, clinics, research
    facilities, educational facilities, or other facilities
    permitted under this Act;
        (2) provide for the orderly creation and expansion of
    (i) various county, and local governmental facilities as
    permitted under this Act, including, but not limited to,
    juvenile detention facilities, (ii) other ancillary or
    related facilities which the Commission may from time to
    time determine are established and operated for any aspect
    of the carrying out of the Commission's purposes as set
    forth in this Act, or are established and operated 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
    as permitted under this Act, and (iii) medical research and
    high technology parks, together with the necessary lands,
    buildings, facilities, equipment, and personal property
    therefore, and (iv) other facility development to generate
    and maintain revenue streams sufficient to fund the
    operations of the Commission and for the District, and to
    provide for any cash reserves as the Commission shall deem
    prudent.
    (b) The Commission shall have perpetual succession, power
to contract and be contracted with, to sue and be sued in its
corporate name, but judgment shall not in any case be issued
against any property of the Commission except in actions
sounding in tort, to plead and be impleaded, to have and use a
common seal, and to alter the same at pleasure. All actions
sounding in tort against the Commission shall be prosecuted in
the Court of Claims. The principal office of the Commission
shall be in the city of Chicago, and the Commission may
establish such other offices within the state of Illinois at
such places as to the Commission shall seem advisable. Such
Commission shall consist of 7 members, 4 of whom shall be
appointed by the Governor, 2 by the Mayor of Chicago, and one
by the President of the County Board of Cook County. All
members shall hold office for a term of 5 years and until their
successors are appointed as provided in this Act; provided,
that as soon as possible after the effective date of this
amendatory Act, the Governor shall appoint 4 members for terms
expiring, respectively, on June 30, 1952, 1953, 1954 and 1955.
The terms of all members heretofore appointed by the Governor
shall expire upon the commencement of the terms of the members
appointed pursuant to this amendatory Act. Any vacancy in the
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 person who had appointed the particular member, and for
the unexpired term of office of that particular member. A
vacancy caused by the expiration of the period for which the
member was appointed shall be filled by a new appointment for a
term of 5 years from the date of such expiration of the prior 5
year term notwithstanding when such appointment is actually
made. The Commission shall obtain, pursuant to the provisions
of the Personnel Code, such personnel as to the Commission
shall seem advisable to carry out the purposes of this Act and
the work of the Commission. The Commission may appoint a
General Attorney and define the duties of that General
Attorney.
    The Commission shall hold regular meetings annually for the
election of a president, vice-president, secretary, and
treasurer and for the adoption of a budget. Special meetings
may be called by the President or by any 2 members. Each member
shall take an oath of office for the faithful performance of
his duties. Four members of the Commission shall constitute a
quorum for the transaction of business.
    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 and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 89-356, eff. 8-17-95.)
 
    (70 ILCS 915/4)  (from Ch. 111 1/2, par. 5005)
    Sec. 4. The Commission may, in its corporate capacity,
construct or cause or permit to be constructed in such
District, hospitals, sanitariums, clinics, laboratories, or
any other institution, building or structure or other ancillary
or related facilities which the Commission may, from time to
time, determine are established and operated for the carrying
out of any aspect of the Commission's purpose as set forth in
this Act, or are established and operated 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, or for any uses the
Commission shall determine will support and nurture
facilities, and uses permitted by this Act, or for such
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 same, which
Commissioner or other person shall have the power to administer
oaths and affirmations and take the testimony of witnesses and
receive such documentary evidence as shall be pertinent, the
record of which hearing he shall certify to the Commission,
which record shall become part of the records of the
Commission, notice of the time, place, and purpose of such
hearings to be given by a single publication notice in a
secular newspaper of general circulation in the city of Chicago
at least ten days prior to the date of such hearing, or for
such institutions as shall 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 such other part or
parts of their bodies as prevent them from pursuing normal
activities of life, or office buildings for physicians or
dealers in medical accessories, or dormitories, homes or
residences for the medical profession, including interns,
nurses, students or other officers or employees of the
institutions within the District, or for the use of relatives
of patients in the hospitals or other institutions within the
District, or for the rehabilitation or establishment of
residential structures within a currently effective historic
district properly designated under a federal statute or a State
or local statute that has been certified by the Secretary of
the Interior to the Secretary of the Treasury as containing
criteria which will substantially achieve the purpose of
preserving and rehabilitating buildings of historic
significance to the district, or in the area of such District
located west of South Damen Avenue and north of West Polk
Street, commonly known as the Chicago Technology Park or such
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, or 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 such structures and improvements shall
be erected and constructed in accordance with the Illinois
Purchasing Act, to the same extent as if the Commission were a
Code Department. The Commission shall administer and exercise
ultimate authority with respect to the development and
operation of the Chicago Technology Park, and any extensions or
expansion thereof. In addition, the Commission may create a
development area within the area of the District located south
of Roosevelt Road, called the District Development Area in this
Act. Within the District Development Area the Commission may
cause to be acquired or constructed commercial and other types
of development, public and private, if the Commission
determines that the commercial developments are ancillary to
and necessary for the support of facilities within the District
and any other purposes of the District, after a public hearing
held by a commissioner or the person authorized by the
Commission to conduct the hearing. The Commissioner or other
authorized persons shall have the power to administer oaths and
affirmations, take the testimony of witnesses, receive
pertinent evidence, and certify the record of the hearing to
the Commission. The record of the hearing shall become part of
the Commissions records. 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 in the City of
Chicago at least 10 days before the date of the hearing. In
addition to the powers set forth above, the Commission may
sell, lease, develop, operate, and manage for any person, firm,
partnership, or corporation, either public or private, all or
any part of the land, buildings, facilities, equipment, or
other property included in the District Development Area and
any medical research and high technology park or the designated
commercial development area upon the terms and conditions the
Commission may deem advisable, and may enter into any contract
or agreement with any person, firm, partnership, or
corporation, either public or private, or any combination of
the foregoing, as may be necessary or suitable for the
creation, marketing, development, construction,
reconstruction, rehabilitation, financing, operation and
maintenance, and management of the District Development Area
and any technology park or designated commercial development
area; and may sell or lease to any person, firm, partnership,
or corporation, either public or private, any part or all of
the land, building, facilities, equipment, or other property of
the park or the designated commercial development area upon the
rentals, terms, and conditions as the Commission may deem
advisable; and may finance all or part of the cost of the
Commission's development and operation of the District
Development Area as well as any park or the designated
commercial development area, including the creation,
marketing, development, purchase, lease, construction,
reconstruction, rehabilitation, improvement, remodeling,
addition to, extension, and maintenance of all or part of the
high technology park or the designated commercial development
area, and all equipment and furnishings, by legislative
appropriations, government grants, contracts, private gifts,
loans, bonds, receipts from the sale or lease of land for the
operation of the District and any high technology park or the
designated commercial development area, rentals, and similar
receipts or other sources of revenue legally available for
these purposes. The Commission shall promulgate rules
concerning the procurement of contracts and purchases. The
Commission also may defray the expenses of the operation of the
District Development Area and technology park, improvements to
the District Development Area and technology park, provision of
shared services, common facilities and common area expenses,
benefiting owners and occupants of property within the District
Development Area and the technology park by general assessment,
special assessment, or the imposition of service or user fees.
As to the entities eligible to be members of the advisory
District Member Council, such assessments or impositions may be
undertaken only with District Member Council consent as
provided in Section 8. For a period of 6 years after July 1,
1995, the Commission may acquire any real and personal property
within the Development Area of the District by immediate
vesting of title, commonly referred to as "quick-take",
pursuant to Sections 7-103 through 7-112 of the Code of Civil
Procedure.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (70 ILCS 915/5)  (from Ch. 111 1/2, par. 5006)
    Sec. 5. To obtain the funds necessary for financing the
acquisition of land, the acquisition or construction of any
building hereinabove mentioned, and for the operation of the
District as is in this Act set forth, the Commission may borrow
money from any public or private agency, department,
corporation or person, and mortgage, pledge, or otherwise
encumber the property or funds of the Commission. In evidence
of and as security for funds borrowed, the Commission may issue
revenue bonds in its corporate capacity to be payable from the
revenues derived from the operation of the institutions or
buildings, owned, leased, or operated by or on behalf of the
Commission, but the bonds shall in no event constitute an
indebtedness of the Commission or a claim against the property
of the Commission. Such bonds may be issued in such
denominations as may be expedient, and in such amounts and at
such rates of interest as the Commission shall deem necessary
to provide sufficient funds to pay all the costs of acquiring
land, the construction, acquisition, equipping and operation
of buildings within the District district, including
engineering and other expenses. Such bonds shall be executed by
the president of the Commission, attested by the secretary
thereof and sealed with the Commission's corporate seal. In
case either of said officers of the Commission who shall have
signed or attested any of such bonds shall have ceased to be
such officer before delivery of such bonds, the signature of
such officer shall be valid and sufficient to the same effect
as if such officer had remained in office at the time of such
delivery. The Commission shall furnish the State Comptroller
with a record of all bonds issued under this Act.
(Source: P.A. 89-356, eff. 8-17-95.)
 
    (70 ILCS 915/10)  (from Ch. 111 1/2, par. 5020)
    Sec. 10. Disposition of money; income fund. The All money
received by the Commission from the sale or lease of any
property, in excess of such amount expended by the Commission
for authorized purposes under this Act or as may be necessary
to satisfy the obligation of any revenue bond issued pursuant
to Section 5, shall be paid into the State Treasury for deposit
into the Medical Center Commission Income Fund provided,
however, the Commission is authorized to use all money received
from the sale or lease of any property, in excess of the amount
as may be necessary to satisfy the obligation of any revenue
bond issued pursuant to Section 5 and may also use all money
received as rentals for the purposes of planning, acquisition,
and development of property within the District and operation,
maintenance and improvement of property of the Commission and
for all purposes and powers set forth in this Act. Beginning in
1993, not later than July 10 of each year, the Commission shall
transmit to the State Treasurer for deposit into the Medical
Center Commission Income Fund all monies on hand at June 30 in
excess of $350,000 without deduction or offset of any kind,
except that the Commission may retain such additional funds as
are necessary to pay enforceable contractual obligations
existing as of June 30 and which will be paid not later than
September 30 of that year. All monies retained for the payment
of these obligations and not paid out by September 30, shall be
remitted in full to the State Treasury, without deduction or
offset of any kind, not later than October 10 of the same year.
All monies held pursuant to this Section shall be maintained in
a depository approved by the State Treasurer. The Commission
shall enter into an intergovernmental agreement with the The
Auditor General, who shall, at least biennially, audit or cause
to be audited all records and accounts of the Commission
pertaining to the operation of the District. The Auditor
General shall provide the Commission and the General Assembly
with the audits and shall post a copy on his or her website.
The Auditor General shall submit a bill to the Commission for
costs associated with the review and the audit required under
this Section, and the Commission shall reimburse the Auditor
General for such costs in a timely manner.
(Source: P.A. 89-356, eff. 8-17-95.)
 
    (70 ILCS 915/5b rep.)
    Section 10. The Illinois Medical District Act is amended by
repealing Section 5b.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.