Rep. Wyvetter H. Younge

Filed: 05/11/04

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2222

2     AMENDMENT NO. ______. Amend Senate Bill 2222 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Mid-America Medical District Act.
 
6     Section 5. Creation of District. There is created in the
7 City of East Saint Louis the Mid-America Medical District,
8 hereinafter called the District, whose boundaries are Martin
9 Luther King Drive on the Northeast, 10th Street up to Trendley
10 Avenue on the Southeast, Trendley Avenue and the confluence of
11 I-64, I-70, and I-55 on the Southwest and West, and a line
12 north of Collinsville, parallel to Collinsville, so as to
13 include both sides of Collinsville on the Northwest, excluding
14 any part of the City Hall complex and any property belonging to
15 the federal government. The District is created to attract and
16 retain academic centers of excellence, viable health care
17 facilities, medical research facilities, emerging high
18 technology enterprises, and other facilities and uses as
19 permitted by this Act.
 
20     Section 10. Mid-America Medical District Commission.
21     (a) There is hereby created a body politic and corporate
22 under the corporate name of Mid-America Medical District
23 Commission, hereinafter called the Commission, whose general

 

 

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1 purpose in addition to and not in limitation of those purposes
2 and powers set forth in other Sections of this Act is to:
3         (1) maintain the proper surroundings for a medical
4     center and a related technology center in order to attract,
5     stabilize, and retain therein hospitals, clinics, research
6     facilities, educational facilities, or other facilities
7     permitted under this Act;
8         (2) provide for the orderly expansion of (i) various
9     county and local governmental facilities as permitted
10     under this Act, (ii) other ancillary or related facilities
11     that the Commission may from time to time determine are
12     established and operated for any aspect of the carrying out
13     of the Commission's purposes as set forth in this Act, or
14     are established and operated for the study, diagnosis,
15     treatment, and prevention of human ailments and injuries,
16     whether physical or mental, or to promote medical,
17     surgical, and scientific research and knowledge as
18     permitted under this Act, (iii) medical research and high
19     technology parks, together with the necessary land,
20     buildings, facilities, equipment, and personal property
21     therefore, and (iv) facilities devoted to the research and
22     advancement of health care related issues and policies.
23     (b) The Commission shall have perpetual succession, power
24 to contract and be contracted with, to sue and be sued except
25 in actions sounding in tort, to plead and be impleaded, to have
26 and use a common seal, and to alter that seal at its pleasure.
27 All actions sounding in tort against the Commission shall be
28 prosecuted in the Court of Claims.
29     The principal office of the Commission shall be in the City
30 of East Saint Louis, and the Commission may establish other
31 offices within the State of Illinois at any places that the
32 Commission deems advisable. The Commission shall consist of 9
33 members, 4 of whom shall be appointed by the Governor, 2 by the
34 Mayor of East Saint Louis, and 3 by the Chairman of the County

 

 

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1 Board of St. Clair County. All members shall hold office for a
2 term of 3 years and until their successors are appointed as
3 provided in this Act; provided, that as soon as possible after
4 the effective date of this Act, the Governor shall appoint 4
5 members for terms expiring, respectively, on December 31, 2005,
6 2006, 2007, and 2008, the St. Clair County Board Chairman shall
7 appoint 3 members for terms expiring, respectively, on December
8 31, 2005, 2006, and 2007, and the Mayor of East Saint Louis,
9 with the advice and consent of the City Council, shall appoint
10 2 members for terms expiring, respectively, on December 31,
11 2005, and 2006. Any vacancy in the membership of the Commission
12 occurring by reason of the death, resignation,
13 disqualification, removal or inability or refusal to act of any
14 of the members of the Commission shall be filled by the person
15 who had appointed the particular member, and for the unexpired
16 term of office of that particular member. A vacancy caused by
17 the expiration of the period for which the member was appointed
18 shall be filled by a new appointment for a term of 3 years from
19 the date of expiration of the prior 3 year term notwithstanding
20 when that appointment is actually made.
21     The Commission shall obtain, pursuant to the provisions of
22 the Personnel Code, any personnel that the Commission deems
23 advisable to carry out the purposes of this Act and the work of
24 the Commission. The Commission may appoint a General Attorney
25 and define the duties of that General Attorney.
26     The Commission shall hold regular meetings annually for the
27 election of a president, vice-presidents, a secretary, and a
28 treasurer, and for the adoption of a budget. Special meetings
29 may be called by the President or by any 2 members. Each member
30 shall take an oath of office for the faithful performance of
31 his or her duties. Five members of the Commission shall
32 constitute a quorum for the transaction of business. The
33 Commission shall submit, to the General Assembly, the Saint
34 Clair County Board, and the East Saint Louis City Council, not

 

 

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1 later than March 1 of each odd-numbered year, a detailed report
2 covering its operations for the 2 preceding calendar years and
3 a statement of its program for the next 2 years. The
4 requirement for reporting to the General Assembly shall be
5 satisfied by filing copies of the report with the Speaker, the
6 Minority Leader, and the Clerk of the House of Representatives
7 and the President, the Minority Leader and the Secretary of the
8 Senate, and the Legislative Research Unit, as required by
9 Section 3.1 of the General Assembly Organization Act, and by
10 filing any additional copies with the State Government Report
11 Distribution Center for the General Assembly that is required
12 under paragraph (t) of Section 7 of the State Library Act.
13     The requirement for reporting to Saint Clair County shall
14 be satisfied by filing copies of the report with the Chairman
15 of the Saint Clair County Board. The requirement of reporting
16 to the East Saint Louis City Council shall be satisfied by
17 filing copies of the report with the City Clerk.
 
18     Section 15. Grants, loans, and contracts. The Commission
19 may apply for and accept grants, loans, or appropriations from
20 the State of Illinois, the federal government, any State or
21 federal agency or instrumentality, or any other person or
22 entity to be used for any of the purposes of the District and
23 may enter into any agreement with the State of Illinois, the
24 federal government, any State or federal instrumentality, or
25 any person or entity in relation to the grants, matching
26 grants, loans, or appropriations. The Commission also may, by
27 contractual agreement, accept and collect assessments or fees
28 for District enhancements and improvements, common area shared
29 services, shared facilities, or other activities or
30 expenditures in furtherance of the purposes of this Act.
 
31     Section 20. Property; acquisition. The Commission is
32 authorized to acquire the fee simple title to real property

 

 

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1 lying within the District and personal property required for
2 its purposes, by gift, purchase, or otherwise, and title
3 thereto shall be taken in the corporate name of the Commission.
4 The Commission may acquire by lease any real and personal
5 property found by the Commission to be necessary for its
6 purposes and to which the Commission finds that it need not
7 acquire the fee simple title for carrying out of its purposes.
 
8     Section 25. Authority to construct or acquire. The
9 Commission may, in its corporate capacity, construct or cause
10 or permit to be constructed in the District, hospitals,
11 sanitariums, clinics, laboratories, or any other institution,
12 building or structure or other ancillary or related facilities
13 that the Commission may, from time to time, determine are
14 established and operated for the carrying out of any aspect of
15 the Commission's purpose as set forth in this Act or are
16 established and operated for the study, diagnosis, and
17 treatment of human ailments and injuries, whether physical or
18 mental, or to promote medical, surgical, and scientific
19 research and knowledge, or for any uses the Commission shall
20 determine will support and nurture facilities, and uses
21 permitted by this Act, or for such nursing, extended care, or
22 other facilities as the Commission shall find useful in the
23 study of, research in, or treatment of illnesses or infirmities
24 peculiar to aged people, after a public hearing to be held by
25 any Commissioner or other person authorized by the Commission
26 to conduct the same, at which Commissioner or other person
27 shall have the power to administer oaths and affirmations and
28 take the testimony of witnesses and receive any documentary
29 evidence as shall be pertinent, the record of which hearing he
30 or she shall certify to the Commission, which record shall
31 become part of the records of the Commission, notice of the
32 time, place, and purpose of the hearings to be given by a
33 single publication notice in a secular newspaper of general

 

 

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1 circulation in St. Clair County at least 10 days prior to the
2 date of such hearing, or for such institutions as shall engage
3 in the training, education, or rehabilitation of persons who by
4 reason of illness or physical infirmity are wholly or partially
5 deprived of their powers of vision or hearing or of the use of
6 such other part or parts of their bodies as prevent them from
7 pursuing normal activities of life, or office buildings for
8 physicians or dealers in medical accessories, or dormitories,
9 homes or residences for the medical profession, including
10 interns, nurses, students or other officers or employees of the
11 institutions within the District, or for the use of relatives
12 of patients in the hospitals or other institutions within the
13 District, or for the rehabilitation or establishment of
14 residential structures within a currently effective historic
15 district properly designated under a federal statute or a State
16 or local statute that has been certified by the Secretary of
17 the Interior to the Secretary of the Treasury as containing
18 criteria which will substantially achieve the purpose of
19 preserving and rehabilitating buildings of historic
20 significance to the District, or such other areas of the
21 District as the Commission shall designate, for research,
22 development and resultant production, in any of the fields of
23 medicine, chemistry, pharmaceuticals, physics, and genetically
24 engineered products, for biotechnology, information
25 technology, medical technology, or environmental technology,
26 or for the research and development of engineering or for
27 computer technology related to any of the purposes for which
28 the Commission may construct structures and improvements
29 within the District. All such structures and improvements shall
30 be erected and constructed in accordance with the Illinois
31 Purchasing Act, to the same extent as if the Commission were a
32 Code Department. The Commission shall administer and exercise
33 ultimate authority with respect to the development and
34 operation of a technology park, and any extensions or expansion

 

 

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1 thereof. In addition, the Commission may create a development
2 area within the area of the District. Within any district
3 development area the Commission may cause to be acquired or
4 constructed commercial and other types of development, public
5 and private, if the Commission determines that the commercial
6 developments are ancillary to and necessary for the support of
7 facilities within the District and any other purposes of the
8 District, after a public hearing held by a commissioner or the
9 person authorized by the Commission to conduct the hearing. The
10 Commissioner or other authorized persons shall have the power
11 to administer oaths and affirmations, take the testimony of
12 witnesses, receive pertinent evidence, and certify the record
13 of the hearing to the Commission. The record of the hearing
14 shall become part of the Commissions records. Notice of the
15 time, place, and purpose of the hearing shall be given by a
16 single publication notice in a secular newspaper of general
17 circulation in St. Clair County at least 10 days before the
18 date of the hearing. Additionally, the Commission may sell,
19 lease, develop, operate, and manage for any person, firm,
20 partnership, or corporation, either public or private, all or
21 any part of the land, buildings, facilities, equipment, or
22 other property included in the District development area and
23 any medical research and high technology park or the designated
24 commercial development area upon the terms and conditions the
25 Commission may deem advisable, and may enter into any contract
26 or agreement with any person, firm, partnership, or
27 corporation, either public or private, or any combination of
28 the foregoing, as may be necessary or suitable for the
29 creation, marketing, development, construction,
30 reconstruction, rehabilitation, financing, operation and
31 maintenance, and management of the District development area
32 and any technology park or designated commercial development
33 area; and may sell or lease to any person, firm, partnership,
34 or corporation, either public or private, any part or all of

 

 

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1 the land, building, facilities, equipment, or other property of
2 the park or the designated commercial development area upon the
3 rentals, terms, and conditions as the Commission may deem
4 advisable; and may finance all or part of the cost of the
5 Commission's development and operation of the District
6 development area as well as any park or the designated
7 commercial development area, including the creation,
8 marketing, development, purchase, lease, construction,
9 reconstruction, rehabilitation, improvement, remodeling,
10 addition to, extension, and maintenance of all or part of the
11 high technology park or the designated commercial development
12 area, and all equipment and furnishings, by legislative
13 appropriations, government grants, contracts, private gifts,
14 loans, bonds, receipts from the sale or lease of land for the
15 operation of the District and any high technology park or the
16 designated commercial development area, rentals, and similar
17 receipts or other sources of revenue legally available for
18 these purposes. The Commission also may defray the expenses of
19 the operation of the District development area and technology
20 park, improvements to the District development area and
21 technology park, provision of shared services, common
22 facilities and common area expenses, benefiting owners and
23 occupants of property within the District development area and
24 the technology park by general assessment, special assessment,
25 or the imposition of service or user fees. As to the entities
26 eligible to be members of the advisory District Member Council,
27 such assessments or impositions may be undertaken only with
28 District Member Council consent as provided in Section 75.
 
29     Section 30. Relocation assistance; mandatory acquisition
30 of gift or voluntary purchase. The Commission may provide
31 relocation assistance to persons and entities displaced by the
32 Commission's acquisition of property and improvement of the
33 District. The Commission is also authorized to acquire private

 

 

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1 real property by gift or voluntary purchase without the
2 District if the Commission finds that the acquisition by gift
3 or voluntary purchase is reasonably necessary to further and
4 carry out the purposes of this Act.
 
5     Section 35. Borrowing money. To obtain the funds necessary
6 for financing the acquisition of land, the acquisition of
7 construction of any building, and for the operation of the
8 District set forth in this Act, the Commission may borrow money
9 from any public or private agency, department, corporation, or
10 person. The Commission shall have no authority to issue bonds.
11 The debts of the Commission shall not be the debts of the State
12 of Illinois.
 
13     Section 40. Powers of the Department of Central Management
14 Services concerning the District. The Department of Central
15 Management Services shall exercise the same powers in regard to
16 the Commission as it exercises for Code Departments under
17 Section 405-15 of the Department of Central Management Services
18 Law (20 ILCS 405/).
 
19     Section 45. Transfer of real property. The Commission may
20 sell, convey, transfer, or lease any title or interest in real
21 estate owned by it to any person or persons to be used, subject
22 to the restrictions of this Act, for the purposes stated in
23 Section 25, or for the purpose of serving persons using the
24 facilities offered within the District or for carrying out of
25 any aspect of the Commission's purpose as set forth in Section
26 10 of this Act, subject to any restrictions as to the use
27 thereof that the Commission determines will carry out the
28 purpose of this Act. To assure that the use of the real
29 property so sold or leased is in accordance with the provisions
30 of this Act, the Commission shall inquire into and satisfy
31 itself concerning the financial ability of the purchaser to

 

 

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1 complete the project for which the real estate is sold or
2 leased in accordance with a plan to be presented by the
3 purchaser or lessee, which must be submitted, in writing, to
4 the Commission. The purchaser or lessee shall under the plan
5 undertake: (i) to use the land for the purposes designated in
6 the plan so presented; (ii) to commence and complete the
7 construction of the buildings or other structures to be
8 included in the project within such periods of time as the
9 Commission fixes as reasonable; and (iii) to comply with such
10 other conditions as the Commission shall determine are
11 necessary to carry out the project. Any real property sold by
12 the Commission pursuant to the provisions of this Act shall be
13 sold at its use value, which may be more or less than its
14 acquisition cost and which represents the value at which the
15 Commission determines, after a hearing by the Commission or by
16 such person as the Commission designates to hold the hearing,
17 the real property should be made available for sale or rental
18 in order that it may be developed for the accomplishment of the
19 purposes of this Act. In determining the use value of the real
20 property, the Commission shall take into consideration whether
21 or not said property is to be used by a wholly or partially tax
22 supported body created under the laws of the State of Illinois,
23 by any department of the State government or any political
24 subdivision of the State, by a charitable institution, or by a
25 private person or institution operating for profit; and the
26 Commission shall also consider the contribution that the
27 project will make toward the development of the District and
28 the furtherance of the purposes of this Act in determining the
29 use price, provided, however, that the Commission may convey
30 the fee simple title to land acquired by it, without the
31 payment of any consideration, to the State of Illinois, any
32 political subdivision thereof, or to any body politic and
33 corporate or public corporation created under the laws of the
34 State of Illinois for the carrying out of any function of the

 

 

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1 State. At any hearing for the purpose of the Commission's
2 making these determinations, an investigation must be made and
3 any witnesses and documentary evidence examined that will have
4 bearing on the use value of the property to be sold or leased.
5 The Commission shall designate a Commissioner or other person
6 of legal age to conduct the hearing, and the Commissioner or
7 other person so designated by the Commission shall give
8 reasonable notice to the interested parties of the time, place,
9 and purpose for the holding of the hearing. The Commissioner or
10 other person designated by the Commission to hold the hearing
11 shall have the power to administer oaths and affirmations and
12 shall cause to be taken the testimony of witnesses and the
13 production of papers, books, records, accounts and documents;
14 and the person so designated to hold the hearing shall certify
15 to the Commission the record of the proceedings held before him
16 or her in connection with the hearing. The record of
17 proceedings shall become a part of the records of the
18 Commission. All conveyances and leases authorized in this
19 Section shall be on condition that, in the event of use for
20 other than the purposes prescribed in this Act, or of nonuse
21 for a period of one year, title to the property shall revert to
22 the Commission. All conveyances and leases made by the
23 Commission to any corporation or person for use of serving the
24 residents or any person using the facilities offered within the
25 District shall be on condition that in the event of violation
26 of any of the restrictions as to the use thereof as the
27 Commission shall have determined will carry out the purposes of
28 this Act, that title to such property shall revert to the
29 Commission. However, if the Commission finds that financing
30 necessary for the acquisition or lease of any real estate or
31 for the construction of any building or improvement to be used
32 for purposes prescribed in this Act cannot be obtained if title
33 to the land or building or improvement is subject to this
34 reverter provision, which finding shall be made by the

 

 

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1 Commission after public hearing held pursuant to a single
2 publication notice given in a secular newspaper of general
3 circulation in Saint Clair County at least 10 days prior to the
4 date of the hearing, such notice to specify the time, place and
5 purpose for such hearing, and upon such finding being made, the
6 Commission may cause the real property to be conveyed free of
7 the reverter provision, provided that at least 6 members of the
8 Commission vote in favor thereof. The Commission may also
9 provide in the conveyances, leases, or other documentation
10 provisions for notice of such violations or default and the
11 cure thereof for the benefit of any lender or mortgagee as the
12 Commission shall determine are appropriate. If, at a regularly
13 scheduled meeting, the Commission resolves that a parcel of
14 real estate leased by it, or in which it has sold the fee
15 simple title or any lesser estate, is not being used for the
16 purposes prescribed in this Act or has been in nonuse for a
17 period of one year, the Commission may file a lawsuit in the
18 circuit court of the county in which the property is located to
19 enforce the terms of the sale or lease. In the event a reverter
20 of title to any property is ordered by the court pursuant to
21 the terms of this Act, the interest of the Commission shall be
22 subject to any then existing valid mortgage or trust deed in
23 the nature of a mortgage, but in case the title is acquired
24 through foreclosure of the mortgage or trust deed or by deed in
25 lieu of foreclosure of the mortgage or trust deed, then the
26 title to the property shall not revert, but shall be subject to
27 the restrictions as to use, but not any penalty for nonuse,
28 contained in this Act with respect to any mortgagee in
29 possession or its successor or assigns.
30     No conveyance of real property shall be executed by the
31 Commission without the prior written approval of the Governor.
32 Commission property leased or occupied by others for purposes
33 permitted under this Act or Commission property held for
34 redevelopment shall not constitute "property" for the purposes

 

 

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1 of the State Property Control Act.
 
2     Section 50. Notice of hearing for property transfer. Prior
3 to the holding of any public hearing prescribed in Section 45
4 of this Act, or any meeting regarding the passage of any
5 resolution to file a lawsuit, the Commission shall give notice
6 to the grantee or lessee, or his or her legal representatives,
7 successors or assigns, of the time and place of the proceeding.
8 The notice shall be accompanied by a statement signed by the
9 Secretary of the Commission, or by any person authorized by the
10 Commission to sign the same, setting forth any act or things
11 done or omitted to be done in violation, or claimed to be in
12 violation, of any restriction as to the use of the property,
13 whether the restriction be prescribed in any of the terms of
14 this Act or by any restriction as to the use of the property
15 determined by the Commission pursuant to the terms of this Act.
16 This notice of the time and place fixed for the proceeding
17 shall also be given to any person or persons as the Commission
18 shall deem necessary. The notice may be given by registered
19 mail, addressed to the grantee, lessee, or to his or her legal
20 representatives, successors or assigns, at the last known
21 address of the grantee, lessee, or his or her legal
22 representatives, successors, or assigns.
 
23     Section 55. Rules and regulations. The Commission may adopt
24 reasonable and proper rules and regulations relative to the
25 exercise of its powers, and proper rules to govern its
26 proceedings, and to regulate the mode and manner of all
27 hearings held by it or at its direction, and to alter and amend
28 same.
 
29     Section 60. Copies of documents as evidence. Copies of all
30 official documents, findings, and orders of the Commission,
31 certified by a Commissioner or by the Secretary of the

 

 

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1 Commission to be true copies of the originals thereof, under
2 the official seal of the commission, shall be evidence in like
3 manner as the originals.
 
4     Section 65. Judicial review. Any party may obtain a
5 judicial review of final orders or decision of the Commission
6 in the circuit court of the county in which the property
7 involved in such proceeding is situated, or if such property is
8 situated in more than one county, then of any one of such
9 counties, only under and in accordance with the provisions of
10 the Administrative Review Law, and all existing and future
11 amendments and modifications thereof, and the rules now or
12 hereafter adopted pursuant thereto. The circuit court shall
13 take judicial notice of all the rules of practice and procedure
14 of the Commission.
 
15     Section 70. Public park. The Commission may set apart any
16 part of the District as a park and may construct, control, and
17 maintain the same or may provide by contract with the City of
18 East Saint Louis, Saint Clair County, the State of Illinois, or
19 the United States, for the construction, control and
20 maintenance of any area within the District set apart as a
21 park.
 
22     Section 75. Master plan; improvement and management of
23 District; building regulations; zoning. The Commission shall
24 prepare a comprehensive master plan for the orderly development
25 of all property within the District. The Commission shall so
26 improve and manage the District as to provide conditions most
27 favorable for the special care and treatment of the sick and
28 injured and for the study of disease and for any other purpose
29 in Section 25 of this Act. The Commission shall, by ordinance,
30 classify, regulate and restrict the location and construction
31 of all buildings within the District, shall regulate the height

 

 

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1 and size of the buildings, determine the area of open space
2 within and around the buildings, fix standards of construction,
3 control and regulate additions to or alterations of existing
4 buildings and prohibit the use of buildings and structures
5 incompatible with the character of the District, to the end
6 that adequate light, air, quietness, and safety from fire and
7 from the communication of diseases and other dangers may be
8 secured. Provided, that the power herein conferred shall not be
9 so exercised as to deprive any owner of any existing property
10 of its use or maintenance for the purpose to which it is now
11 lawfully devoted nor to limit the expansion, design, location,
12 maintenance, use, or occupancy of real property to be used by
13 any governmental body, agency, or instrumentality in any manner
14 set forth in this Section, provided that the property is
15 devoted to any use or purpose permitted under this Act. Further
16 provided, the power herein conferred shall not be exercised to
17 restrict the use for any State or county purpose of any
18 buildings existing within the District at the time of enactment
19 and either owned, operated, or managed on behalf of the county
20 or by the Department of Central Management Services or for
21 which the Department of Central Management Services shall be
22 otherwise responsible as provided by law.
23     The Commission shall request the City Council of the City
24 of East Saint Louis to recommend appropriate zoning regulations
25 for the District that co-ordinate with the zoning of the
26 surrounding sections of the City of East Saint Louis. If, at
27 the end of 60 days following this request, an ordinance has not
28 been submitted to the Commission, the Commission may prepare a
29 zoning ordinance either with or without the advice of the City
30 Council. When the zoning ordinance is ready for adoption, the
31 Commission shall cause notice of a public hearing to be posted
32 in at least 4 conspicuous places within the District, at least
33 10 days before the date of the hearing. It shall also publish
34 notice of the hearing in some newspaper of general circulation

 

 

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1 in Saint Clair County for 3 consecutive days. The hearing shall
2 be held not earlier than 10 days after the date of the last
3 publication. Both types of notice shall contain the time and
4 place of the hearing and the place where copies of the proposed
5 ordinance may be examined. The hearing shall be held at the
6 time and place specified and shall be adjourned from time to
7 time until all interested parties have had an opportunity to be
8 heard. The Commission shall invite the City Council and City
9 Manager to attend the hearing and shall ask for suggestions of
10 the City Council and Manager as to the modification of the
11 proposed ordinance. After the adoption of the zoning ordinance
12 or any other proper ordinance of the Commission, it may
13 institute any appropriate action to prevent or abate any
14 unlawful act within the District. Any government body, agency,
15 or instrumentality owning or occupying property within the
16 District may consent to be bound in whole or in part by the
17 provisions of the master plan or development ordinance adopted
18 by the Commission. The Commission must establish an advisory
19 council of 2 representatives of each of the major District
20 members owning or occupying facilities within the District,
21 with major members to be determined by regulations of the
22 Commission. Council members shall be appointed by and serve at
23 the pleasure of their respective governing boards. The council
24 may assist the Commission in the fulfillment of its statutory
25 purposes and responsibilities and the maintenance of the
26 District. At the Commission's request, the council may review
27 and make recommendations to the Commission with respect to the
28 comprehensive master plan to be adopted by the Commission or
29 any plan of development or occupancy of its facilities within
30 the District presented to the Commission by any governmental
31 body, agency, or instrumentality. The Commission may upon a
32 unanimous request of the council provide for shared services
33 and facilities within the District for members of the council.
34 The Commission may provide, contract, and construct facilities

 

 

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1 and charge and collect fees necessary to supply these shared
2 services and facilities so approved. The Commission may utilize
3 any powers specified within this Act regardless of geographic
4 boundary for or in support of a specific project, activity, or
5 development if that request is made by a unanimous
6 recommendation of all of the members of the member council.
 
7     Section 80. Jurisdiction and power of City of East St.
8 Louis; tax exemption for Commission property; condemnation of
9 Commission property. This Act shall not be construed to limit
10 the jurisdiction of the City of East Saint Louis to territory
11 outside the limits of the District nor to impair any power now
12 possessed by or hereafter granted to the City of East Saint
13 Louis or to cities generally except that those are expressly
14 granted to the Commission by Section 75 of this Act.
15     The property of the Commission shall be exempt from
16 taxation, and shall be subject to condemnation by the State and
17 any municipal corporation or agency of the State for any State
18 or municipal purpose under the provisions for the exercise of
19 the right of eminent domain under Article VII of the Code of
20 Civil Procedure, as amended.
 
21     Section 85. Disposition of moneys; income fund. All money
22 received by the Commission from the sale or lease of any
23 property, in excess of any amount expended by the Commission
24 for authorized purposes under this Act or as may be necessary
25 to satisfy the obligation of any revenue bond issued pursuant
26 to Section 35, shall be paid into the State Treasury for
27 deposit into the Mid-America Medical District Income Fund
28 provided, however, that the Commission is authorized to use all
29 money received as rentals for the purposes of planning,
30 acquisition, and development of property within the District
31 and operation, maintenance and improvement of property of the
32 Commission and for all purposes and powers set forth in this

 

 

09300SB2222ham001 - 18 - LRB093 15876 BDD 50855 a

1 Act. Upon enactment, not later than July 10 of each year, the
2 Commission shall transmit to the State Treasurer for deposit
3 into the Fund all moneys on hand at June 30 in excess of
4 $500,000 without deduction or offset of any kind, except that
5 the Commission may retain such additional funds as are
6 necessary to pay enforceable contractual obligations existing
7 as of June 30 and that will be paid not later than September 30
8 of that year. All moneys retained for the payment of these
9 obligations and not paid out by September 30, shall be remitted
10 in full to the State Treasury, without deduction or offset of
11 any kind, not later than October 10 of the same year. All money
12 held pursuant to this Section shall be maintained in a
13 depository approved by the State Treasurer. The Auditor General
14 shall, at least biennially, audit or cause to be audited all
15 records and accounts of the Commission pertaining to the
16 operation of the District.
 
17     Section 90. Severability. If any provision of this Act is
18 held invalid, that provision shall be deemed to be excised from
19 this Act and the invalidity of that provision shall not affect
20 any of the other provisions of this Act. If the application of
21 any provision of this Act to any person or circumstance is held
22 invalid, it shall not affect the application of such provision
23 to persons or circumstances other than those as to which it is
24 held invalid.
 
25     Section 905. The State Finance Act is amended by adding
26 Section 5.625 as follows:
 
27     (30 ILCS 105/5.625 new)
28     Sec. 5.625. The Mid-America Medical District Income
29 Fund.".