Illinois General Assembly - Full Text of HB1227
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Full Text of HB1227  103rd General Assembly

HB1227 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1227

 

Introduced 1/31/2023, by Rep. Thaddeus Jones

 

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 new
30 ILCS 105/5.990 new

    Creates the Calumet City Community Medical District Act. Creates the Calumet City Community Medical District with boundaries coterminous with the boundaries of Calumet City. 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 Calumet City Community Medical District Commission and the other existing medical district commissions. Effective immediately.


LRB103 24833 AWJ 51165 b

 

 

A BILL FOR

 

HB1227LRB103 24833 AWJ 51165 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Calumet City Community Medical District Act.
 
6    Section 5. Creation of District; purpose. The Calumet
7City Community Medical District is created with boundaries
8coterminous with the boundaries of Calumet City. The District
9is created to attract and retain academic centers of
10excellence, viable health care facilities, medical research
11facilities, emerging high-technology enterprises, and other
12facilities and uses as permitted by this Act.
 
13    Section 10. The Calumet City Community Medical District
14Commission.
15    (a) The Calumet City Community Medical District Commission
16is created. The District's general purpose, in addition to
17those other purposes and powers set forth in this Act, is to:
18        (1) maintain the proper surroundings for a medical
19    center and a related technology center in order to
20    attract, stabilize, and retain within the District
21    hospitals, clinics, research facilities, educational
22    facilities, or other facilities permitted under this Act;

 

 

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1    and
2        (2) provide for the orderly creation, maintenance,
3    development, and expansion of (i) health care facilities
4    and other ancillary or related facilities that the
5    Commission determines are established and operated (A) for
6    any aspect of the carrying out of the Commission's
7    purposes as set forth in this Act, (B) for the study,
8    diagnosis, and treatment of human ailments and injuries,
9    whether physical or mental, or (C) to promote medical,
10    surgical, and scientific research and knowledge as
11    permitted under this Act, and (ii) medical research and
12    high-technology parks, together with the necessary lands,
13    buildings, facilities, equipment, and personal property
14    for those parks.
15    (b) The Commission has perpetual succession and the power
16to contract and be contracted with, to sue and, except in tort
17actions, to be sued, to plead and be impleaded, to have and use
18a common seal, and to alter the common seal. All tort actions
19against the Commission shall be prosecuted in the Court of
20Claims. The principal office of the Commission shall be
21located at a hospital operated within the District. The
22Commission may hire or contract with any personnel as the
23Commission deems advisable to carry out the purposes of this
24Act and the work of the Commission.
25    (c) The Commission shall consist of 9 appointed
26commissioners and 3 ex officio commissioners. Of the

 

 

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1commissioners appointed, 3 shall be appointed by the Governor,
23 shall be appointed by the Mayor of Calumet City, and 3 shall
3be appointed, with the advice and consent of the Cook County
4Board of Commissioners, by the President of the Cook County
5Board of Commissioners. All appointed commissioners shall hold
6office for a 3-year term ending on December 31 until their
7successors are appointed and have qualified; except that, of
8the initial appointed commissioners, the Governor, Mayor, and
9county commissioner shall each appoint one appointee for a
10term ending December 31, 2025, shall each appoint one
11appointee for a term ending December 31, 2026, and shall each
12appoint one appointee for a term ending December 31, 2027. The
13Director of Commerce and Economic Opportunity or his or her
14designee, the Director of Public Health or his or her
15designee, and the Secretary of Human Services or his or her
16designee shall serve as ex officio commissioners.
17    (d) Any vacancy in the office of an appointed commissioner
18occurring by reason of the death, resignation,
19disqualification, removal, or inability or refusal to act by
20the commissioner shall be filled by the authority that
21appointed the commissioner for the unexpired term of office of
22that commissioner.
23    (e) The Commission shall hold regular meetings annually
24for the election of a president, vice president, secretary,
25and treasurer, for the adoption of a budget, and for any other
26business that may properly come before it. The Commission

 

 

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1shall establish the duties and responsibilities of its
2officers by rule. The president or any 3 commissioners of the
3Commission may call special meetings of the Commission. Each
4commissioner shall take an oath of office for the faithful
5performance of his or her duties. The Commission may not
6transact business at a meeting of the Commission unless there
7is present at the meeting a quorum consisting of at least 7
8commissioners. Meetings may be held by telephone conference or
9other communications equipment by means of which all persons
10participating in the meeting can communicate with each other.
11    (f) The Commission shall submit to the General Assembly,
12not later than March 1 of each even numbered year, a detailed
13report covering its operations for the 2 preceding calendar
14years and a statement of its program for the next 2 years.
15    (g) Neither the Commission nor the District have any power
16to tax.
17    (h) The Commission is a public body and is subject to the
18Open Meetings Act and the Freedom of Information Act.
 
19    Section 15. Grants; loans; appropriations; contracts. The
20Commission may apply for and accept grants, loans, or
21appropriations from the State of Illinois, the federal
22government, a state or federal agency or instrumentality, a
23unit of local government, or any other person or entity to be
24used for any of the purposes of the District. The Commission
25may enter into any agreement with the State of Illinois, the

 

 

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1federal government, a state or federal instrumentality, a unit
2of local government, or any other person or entity in relation
3to the grants, matching grants, loans, or appropriations.
4    The Commission may, by contract, accept and collect from
5entities that enter into the contract assessments or fees for
6District enhancements and improvements, common area shared
7services, shared facilities, or other activities or
8expenditures in furtherance of the purposes of this Act.
9    The Commission may make grants to neighborhood
10organizations within the District for the purpose of
11benefiting the District.
 
12    Section 20. Property; acquisition. The Commission may
13acquire the fee simple title to real property lying within the
14District and personal property required for its purposes, by
15gift, purchase, or otherwise. Title shall be taken in the
16corporate name of the Commission. The Commission may lease any
17real property located within the District and personal
18property found by the Commission to be necessary for its
19purposes and to which the Commission finds that it need not
20acquire the fee simple title for carrying out those purposes.
21    The Commission may acquire in its corporate name, under
22the provisions for the exercise of the right of eminent domain
23under the Eminent Domain Act, all real and personal property
24within the District, except for (i) property owned and used
25for purposes authorized under this Act by medical institutions

 

 

HB1227- 6 -LRB103 24833 AWJ 51165 b

1or allied educational institutions, hospitals, dispensaries,
2clinics, dormitories or homes for the nurses, doctors,
3students, instructors, or other officers or employees of those
4institutions located in the District, (ii) real property that
5is used for offices or for recreational purposes in connection
6with the institutions listed in (i), or (iii) any improved
7residential property within a historical district properly
8designated under a federal statute or a State or local statute
9that has been certified by the Secretary of the Interior of the
10United States to the Secretary of the Treasury of the United
11States as containing criteria that will substantially achieve
12the purpose of preserving and rehabilitating buildings of
13historical significance to the District.
14    The Commission has no quick-take powers, no zoning powers,
15and no power to establish or enforce building codes. The
16Commission may not acquire any property pursuant to this
17Section before a comprehensive master plan has been approved
18under Section 60. Property owned by and exclusively used by
19the Commission is exempt from taxation.
 
20    Section 25. Construction and improvements.
21    (a) The Commission may, within the District and in its
22corporate capacity, construct or make improvements to, or
23cause to be constructed or improved, a hospital, sanitarium,
24clinic, laboratory, or any other institution, building,
25structure, or ancillary or related facility that the

 

 

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1Commission determines should be established and operated for
2any one or more of the following purposes:
3        (1) carrying out of any aspect of the Commission's
4    purposes as set forth in this Act;
5        (2) studying, diagnosing, and treating human ailments
6    and injuries, whether physical or mental, or promoting
7    medical, surgical, and scientific research and knowledge;
8        (3) supporting and nurturing facilities and uses
9    permitted by this Act;
10        (4) providing a nursing facility, extended care
11    facility, or other facilities that the Commission finds
12    useful in the study of, research in, or treatment of
13    illnesses or infirmities specific to the elderly;
14        (5) providing institutions that engage in the
15    training, education, or rehabilitation of persons with a
16    disability, as that term is defined in Section 10 of the
17    Disabilities Services Act of 2003;
18        (6) providing office buildings for physicians or
19    dealers in medical accessories;
20        (7) providing dormitories, homes, or residences for
21    the medical profession, including interns, nurses,
22    students, or other officers or employees of the
23    institutions within the District, or for the use of
24    relatives of patients in the hospitals or other
25    institutions within the District;
26        (8) rehabilitating or establishing of residential

 

 

HB1227- 8 -LRB103 24833 AWJ 51165 b

1    structures within a historic district properly designated
2    under a federal statute or a State or local statute that
3    has been certified by the Secretary of the Interior of the
4    United States to the Secretary of the Treasury of the
5    United States as containing criteria that will
6    substantially achieve the purpose of preserving and
7    rehabilitating buildings of historic significance to the
8    District, or any other areas of the District as the
9    Commission may designate;
10        (9) facilitating research, development, and
11    production, in any of the fields of medicine, chemistry,
12    pharmaceuticals, or physics, of genetically engineered
13    products;
14        (10) providing biotechnology, information technology,
15    medical technology, or environmental technology; and
16        (11) researching and developing engineering or
17    computer technology related to the medical field.
18    The Commission may construct or improve, or cause to be
19constructed or improved, these institutions, buildings,
20structures, or ancillary or related facilities after a public
21hearing is held by any commissioner or other person authorized
22by the Commission to conduct the hearing.
23    (b) The Illinois Procurement Code applies to any
24construction or improvements undertaken pursuant to this
25Section, and the Commission shall conduct all procurements in
26a manner that is consistent with that Code. Construction or

 

 

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1improvement may not be undertaken pursuant to this Section
2before a comprehensive master plan has been approved by the
3Commission under Section 60.
 
4    Section 30. Relocation assistance. The Commission may
5provide relocation assistance to persons and entities
6displaced by the Commission's acquisition of property and
7improvement of the District. Relocation assistance shall not
8be less than would be provided by the federal government to a
9displaced person under the federal Uniform Relocation
10Assistance and Real Property Acquisition Policies Act of 1970
11and the regulations promulgated under that Act. As used in
12this Section, "displaced person" has the meaning ascribed to
13that term in 42 U.S.C. 4601. Relocation assistance may include
14assistance with the moving of a residential unit to a new
15location. The Commission shall identify an individual to serve
16as a single point of contact for information about relocation
17assistance provided under this Section.
 
18    Section 35. Disposition of Property.
19    (a) The Commission may sell, convey, or lease, all at fair
20market value, any title or interest in real property owned by
21it to any person or persons to be used, subject to the
22restrictions of this Act, for the purposes stated in this Act,
23for the purpose of serving persons using the facilities
24offered within the District, or for carrying out of any aspect

 

 

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1of the Commission's purposes under Section 10, subject to the
2restrictions on the use of the real property as the Commission
3determines will carry out the purpose of this Act. To ensure
4that real property sold, conveyed, or leased under this
5subsection is used in accordance with this Act, the Commission
6shall inquire into and satisfy itself concerning the financial
7ability of the purchaser, conveyee, or lessee to complete the
8project for which the real property is sold, conveyed, or
9leased in accordance with a written plan to be submitted by the
10purchaser, conveyee, or lessee to the Commission. Under the
11plan, the purchaser, conveyee, or lessee shall promise (i) to
12use the land for the purposes designated in the presented
13plan, (ii) to commence and complete the construction of the
14buildings or other structures to be included in the project
15within the periods of time that the Commission determines, and
16(iii) to comply with any other conditions that the Commission
17determines are necessary to carry out the project.
18    All sales, conveyances, and leases authorized in this
19subsection shall be made on the condition that, if used other
20than for the purposes prescribed in this Act, or unused for a
21period of at least one year, title to the property reverts to
22the Commission. All sales, conveyances, and leases made by the
23Commission to any person for use by residents or any other
24person shall be on the condition that if the resident or other
25person violates any of the restrictions as to the use of the
26property as the Commission has determined will carry out the

 

 

HB1227- 11 -LRB103 24833 AWJ 51165 b

1purposes of this Act, then title to the property reverts to the
2Commission. If, however, the Commission finds that financing
3necessary for the acquisition or lease of any real estate or
4for the construction of any building or improvement to be used
5for purposes prescribed in this Act cannot be obtained if
6title to the land, building, or improvement is subject to such
7a reverter provision, the finding shall be made by the
8Commission after a public hearing is held. Upon the finding
9being made, the Commission may cause the real property to be
10conveyed free of a reverter provision if at least 7
11commissioners vote in favor of the sale, conveyance, or lease
12without the reverter provision. The Commission may also
13include, in the sales agreement, conveyance, lease agreement,
14or other documentation, provisions for notice of the
15violations or default and how to cure violations or default
16for the benefit of any lender or mortgagee as the Commission
17may determine is appropriate.
18    If, at a regularly scheduled meeting, the Commission
19resolves that a parcel of real estate conveyed or leased by it,
20or in which it has sold the fee simple title or any lesser
21estate, is not being used for the purposes prescribed in this
22Act or has been unused for a period of at least one year, the
23Commission may file a lawsuit in the Cook County Circuit Court
24to enforce the terms of the sale, conveyance, or lease. If a
25reverter of title to any property is ordered by the court under
26the terms of this Act, the interest of the Commission shall be

 

 

HB1227- 12 -LRB103 24833 AWJ 51165 b

1subject to any then existing, valid mortgage or trust deed in
2the nature of a mortgage, but if the title is acquired through
3foreclosure of that mortgage or trust deed or by deed in lieu
4of foreclosure of that mortgage or trust deed, then the title
5to the property shall not revert, but shall be subject to the
6restrictions as to use, but not any penalty for nonuse,
7contained in this Act with respect to any mortgagee in
8possession or its successor or assigns.
9    (b) If, at a regularly scheduled meeting, the Commission
10resolves that a parcel of real estate that is owned by the
11Commission is no longer needed for District purposes, the
12Commission may authorize the sale or public auction of the
13parcel. The resolution shall direct the sale to be conducted
14by (i) the staff of the Commission, (ii) listing with local
15licensed real estate agencies, in which case the terms of the
16agent's compensation shall be included in the resolution,
17(iii) or public auction. The resolution shall be published at
18the first opportunity following its passage in a newspaper
19published in the District or, if none, then in a newspaper
20published in the county where the District is located. The
21resolution shall also contain pertinent information concerning
22the size, use, and zoning of the parcel and the terms of sale.
23    (c) The Commission may not sell, convey, or lease any
24property pursuant to this Section before a comprehensive
25master plan has been approved under Section 60.
 

 

 

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1    Section 40. Notice. Before holding a public hearing
2required under Section 35 or a meeting regarding the passage
3of a resolution to file a lawsuit, the Commission shall give
4notice to the grantee or lessee, or his or her legal
5representatives, successors, or assigns, of the time and place
6of the proceeding. The notice shall be accompanied by a
7statement signed by the secretary of the Commission, or by any
8person authorized by the Commission to sign the statement,
9setting forth any act or things done or omitted to be done in
10violation, or claimed to be in violation, of any restriction
11on the use of the property, whether the restriction is
12prescribed in any of the terms of this Act or by any
13restriction on the use of the property determined by the
14Commission under the terms of this Act. The notice of the time
15and place fixed for the proceeding shall also be given to any
16person as the Commission deems necessary. The notice may be
17given by registered mail, addressed to the grantee, lessee, or
18legal representatives, successors, or assigns, at the last
19known address of the grantee, lessee, or legal
20representatives, successors, or assigns.
 
21    Section 45. Rules. The Commission may adopt rules,
22pursuant to the Illinois Administrative Procedure Act,
23regarding the exercise of its powers, governing its
24proceedings, and regulating all hearings held by it or at its
25direction, and it may also amend those rules.
 

 

 

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1    Section 50. Certified copies of documents. Copies of all
2official documents, findings, and orders of the Commission,
3certified by a commissioner or by the secretary of the
4Commission to be true copies of the originals, under the
5official seal of the Commission, shall be evidence as if those
6copies were the originals.
 
7    Section 55. Judicial review. A party may obtain a judicial
8review of a final order or decision of the Commission in the
9Cook County Circuit Court only in accordance with the
10provisions of the Administrative Review Law and the rules
11adopted under that Law. The Cook County Circuit Court shall
12take judicial notice of all the rules of practice and
13procedure of the Commission.
 
14    Section 60. Master plan; improvement and management of
15District. The Commission shall prepare and approve a
16comprehensive master plan under Section 60 for the orderly
17development and management of all property within the
18District. The master plan, and any amendment to the master
19plan, shall not take effect, however, until it has been
20approved by the Commission. The Commission shall take the
21actions permitted to be taken by it under this Act as it may
22determine are appropriate to provide conditions most favorable
23for the special care and treatment of the sick and injured, for

 

 

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1the study of disease, and for any other purpose set forth in
2this Act. In the master plan, the Commission may provide for
3shared services and facilities within the District for the
4accredited schools of medicine and the licensed nonprofit
5acute care hospitals within the District.
 
6    Section 65. Public hearings. The Commission shall conduct
7a public hearing before taking any of the actions described in
8Section 25, making specified reverter-related findings under
9Section 35, or approving a comprehensive master plan under
10Section 60. The Commission shall also conduct a public hearing
11whenever it is otherwise required by law to do so and may
12conduct a public hearing whenever it may elect to do so. If
13there is no law governing a specific type of public hearing,
14the Commission shall conduct that public hearing pursuant to
15the Open Meetings Act and this Section.
16    The Commission may authorize a commissioner or other
17person of legal age to conduct a hearing not otherwise
18required by law. The commissioner or other authorized person
19may (i) administer oaths and affirmations, (ii) take the
20testimony of witnesses, (iii) take and receive the production
21of papers, books, records, accounts, and documents, (iv)
22receive pertinent evidence, and (v) certify the record of the
23hearing. The record of the hearing shall become part of the
24Commission's record. Notice of the time, place, and purpose of
25the hearing shall be given by a single publication notice in a

 

 

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1secular newspaper of general circulation within Cook County at
2least 10 days before the date of the hearing.
 
3    Section 70. Disposition of money; income fund; rental
4moneys; audits.
5    (a) Money received by the Commission from the sale,
6conveyance, or lease of any property, in excess of the amount
7expended by the Commission for authorized purposes under this
8Act, shall be deposited into the Calumet City Community
9Medical District Income Fund, a special fund that is created
10in the State treasury, and may be expended as provided in this
11Section and this Act.
12    (b) The Commission may use all money deposited into the
13Calumet City Community Medical District Income Fund from
14rentals for the purposes of planning, acquisition, and
15development of property within the District, for the
16operation, maintenance, and improvement of property of the
17Commission, and for all purposes and powers set forth in this
18Act.
19    (c) The Auditor General shall conduct audits of the
20Commission in the same manner as the Auditor General conducts
21audits of State agencies under the Illinois State Auditing
22Act. The Auditor General shall, at least biennially, audit or
23cause to be audited all records and accounts of the Commission
24pertaining to the operation of the District.
 

 

 

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1    Section 75. Attorney General. The Attorney General is the
2legal advisor to the Commission and shall prosecute or defend,
3as the case may be, all actions brought by or against the
4Commission.
 
5    Section 80. Extraterritorial authority. The Commission may
6contract with the State, a unit of local government, the
7federal government or any subdivision of the federal
8government, the State of Indiana or any subdivision of the
9State of Indiana, or any individual, corporation, or other
10person to ensure service of all persons inside and near
11Calumet City who may use the services of the District or to
12coordinate services with the communities surrounding Calumet
13City. The Commission must consider the benefit to the District
14and the financial contribution and responsibilities of the
15parties that will be contracting with the District before
16deciding to enter into a contract under this Section.
 
17    Section 900. The Court of Claims Act is amended by
18changing Sections 8, 22-1, and 22-2 as follows:
 
19    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
20    Sec. 8. Court of Claims jurisdiction; deliberation
21periods. The court shall have exclusive jurisdiction to hear
22and determine the following matters:
23        (a) All claims against the State founded upon any law

 

 

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1    of the State of Illinois or upon any regulation adopted
2    thereunder by an executive or administrative officer or
3    agency; provided, however, the court shall not have
4    jurisdiction (i) to hear or determine claims arising under
5    the Workers' Compensation Act or the Workers' Occupational
6    Diseases Act, or claims for expenses in civil litigation,
7    or (ii) to review administrative decisions for which a
8    statute provides that review shall be in the circuit or
9    appellate court.
10        (b) All claims against the State founded upon any
11    contract entered into with the State of Illinois.
12        (c) All claims against the State for time unjustly
13    served in prisons of this State when the person imprisoned
14    received a pardon from the Governor stating that such
15    pardon is issued on the ground of innocence of the crime
16    for which he or she was imprisoned or he or she received a
17    certificate of innocence from the Circuit Court as
18    provided in Section 2-702 of the Code of Civil Procedure;
19    provided, the amount of the award is at the discretion of
20    the court; and provided, the court shall make no award in
21    excess of the following amounts: for imprisonment of 5
22    years or less, not more than $85,350; for imprisonment of
23    14 years or less but over 5 years, not more than $170,000;
24    for imprisonment of over 14 years, not more than $199,150;
25    and provided further, the court shall fix attorney's fees
26    not to exceed 25% of the award granted. On or after the

 

 

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1    effective date of this amendatory Act of the 95th General
2    Assembly, the court shall annually adjust the maximum
3    awards authorized by this subsection (c) to reflect the
4    increase, if any, in the Consumer Price Index For All
5    Urban Consumers for the previous calendar year, as
6    determined by the United States Department of Labor,
7    except that no annual increment may exceed 5%. For the
8    annual adjustments, if the Consumer Price Index decreases
9    during a calendar year, there shall be no adjustment for
10    that calendar year. The transmission by the Prisoner
11    Review Board or the clerk of the circuit court of the
12    information described in Section 11(b) to the clerk of the
13    Court of Claims is conclusive evidence of the validity of
14    the claim. The changes made by this amendatory Act of the
15    95th General Assembly apply to all claims pending on or
16    filed on or after the effective date.
17        (d) All claims against the State for damages in cases
18    sounding in tort, if a like cause of action would lie
19    against a private person or corporation in a civil suit,
20    and all like claims sounding in tort against the Illinois
21    Medical District Center Commission, the Mid-Illinois
22    Medical District Commission, the Mid-America Medical
23    District Commission, the Roseland Community Medical
24    District Commission, the Calumet City Community Medical
25    District Commission, the Board of Trustees of the
26    University of Illinois, the Board of Trustees of Southern

 

 

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1    Illinois University, the Board of Trustees of Chicago
2    State University, the Board of Trustees of Eastern
3    Illinois University, the Board of Trustees of Governors
4    State University, the Board of Trustees of Illinois State
5    University, the Board of Trustees of Northeastern Illinois
6    University, the Board of Trustees of Northern Illinois
7    University, the Board of Trustees of Western Illinois
8    University, or the Board of Trustees of the Illinois
9    Mathematics and Science Academy; provided, that an award
10    for damages in a case sounding in tort, other than certain
11    cases involving the operation of a State vehicle described
12    in this paragraph, shall not exceed the sum of $2,000,000
13    to or for the benefit of any claimant. The $2,000,000
14    limit prescribed by this Section does not apply to an
15    award of damages in any case sounding in tort arising out
16    of the operation by a State employee of a vehicle owned,
17    leased or controlled by the State. The defense that the
18    State, or the Illinois Medical District Center Commission,
19    the Mid-Illinois Medical District Commission, the
20    Mid-America Medical District Commission, the Roseland
21    Community Medical District Commission, the Calumet City
22    Community Medical District Commission, or the Board of
23    Trustees of the University of Illinois, the Board of
24    Trustees of Southern Illinois University, the Board of
25    Trustees of Chicago State University, the Board of
26    Trustees of Eastern Illinois University, the Board of

 

 

HB1227- 21 -LRB103 24833 AWJ 51165 b

1    Trustees of Governors State University, the Board of
2    Trustees of Illinois State University, the Board of
3    Trustees of Northeastern Illinois University, the Board of
4    Trustees of Northern Illinois University, the Board of
5    Trustees of Western Illinois University, or the Board of
6    Trustees of the Illinois Mathematics and Science Academy
7    is not liable for the negligence of its officers, agents,
8    and employees in the course of their employment is not
9    applicable to the hearing and determination of such
10    claims. The changes to this Section made by this
11    amendatory Act of the 100th General Assembly apply only to
12    claims filed on or after July 1, 2015.
13        The court shall annually adjust the maximum awards
14    authorized by this subsection to reflect the increase, if
15    any, in the Consumer Price Index For All Urban Consumers
16    for the previous calendar year, as determined by the
17    United States Department of Labor. The Comptroller shall
18    make the new amount resulting from each annual adjustment
19    available to the public via the Comptroller's official
20    website by January 31 of every year.
21        (e) All claims for recoupment made by the State of
22    Illinois against any claimant.
23        (f) All claims pursuant to the Line of Duty
24    Compensation Act. A claim under that Act must be heard and
25    determined within one year after the application for that
26    claim is filed with the Court as provided in that Act.

 

 

HB1227- 22 -LRB103 24833 AWJ 51165 b

1        (g) All claims filed pursuant to the Crime Victims
2    Compensation Act.
3        (h) All claims pursuant to the Illinois National
4    Guardsman's Compensation Act. A claim under that Act must
5    be heard and determined within one year after the
6    application for that claim is filed with the Court as
7    provided in that Act.
8        (i) All claims authorized by subsection (a) of Section
9    10-55 of the Illinois Administrative Procedure Act for the
10    expenses incurred by a party in a contested case on the
11    administrative level.
12(Source: P.A. 100-1124, eff. 11-27-18.)
 
13    (705 ILCS 505/22-1)  (from Ch. 37, par. 439.22-1)
14    Sec. 22-1. Within 1 year from the date that such an injury
15was received or such a cause of action accrued, any person who
16is about to commence any action in the Court of Claims against
17the State of Illinois, the Illinois Medical District Center
18Commission, the Mid-Illinois Medical District Commission, the
19Mid-America Medical District Commission, the Roseland
20Community Medical District Commission, the Calumet City
21Community Medical District Commission, the Board of Trustees
22of the University of Illinois, the Board of Trustees of
23Southern Illinois University, the Board of Trustees of Chicago
24State University, the Board of Trustees of Eastern Illinois
25University, the Board of Trustees of Governors State

 

 

HB1227- 23 -LRB103 24833 AWJ 51165 b

1University, the Board of Trustees of Illinois State
2University, the Board of Trustees of Northeastern Illinois
3University, the Board of Trustees of Northern Illinois
4University, the Board of Trustees of Western Illinois
5University, or the Board of Trustees of the Illinois
6Mathematics and Science Academy, for damages on account of any
7injury to his person shall file in the office of the Attorney
8General and also in the office of the Clerk of the Court of
9Claims, either by himself, his agent, or attorney, giving the
10name of the person to whom the cause of action has accrued, the
11name and residence of the person injured, the date and about
12the hour of the accident, the place or location where the
13accident occurred, a brief description of how the accident
14occurred, and the name and address of the attending physician,
15if any, except as otherwise provided by the Crime Victims
16Compensation Act.
17    In actions for death by wrongful act, neglect or default,
18the executor of the estate, or in the event there is no will,
19the administrator or other personal representative of the
20decedent, shall file within 1 year of the date of death or the
21date that the executor or administrator is qualified,
22whichever occurs later, in the office of the Attorney General
23and also in the office of the Clerk of the Court of Claims,
24giving the name of the person to whom the cause of action has
25accrued, the name and last residence of the decedent, the date
26of the accident causing death, the date of the decedent's

 

 

HB1227- 24 -LRB103 24833 AWJ 51165 b

1demise, the place or location where the accident causing the
2death occurred, the date and about the hour of the accident, a
3brief description of how the accident occurred, and the names
4and addresses of the attending physician and treating hospital
5if any, except as otherwise provided by the Crime Victims
6Compensation Act.
7    A claimant is not required to file the notice required by
8this Section if he or she files his or her claim within one
9year of its accrual.
10(Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
 
11    (705 ILCS 505/22-2)  (from Ch. 37, par. 439.22-2)
12    Sec. 22-2. If the notice provided for by Section 22-1 is
13not filed as provided in that Section, any such action
14commenced against the State of Illinois, the Illinois Medical
15District Center Commission, the Mid-Illinois Medical District
16Commission, the Mid-America Medical District Commission, the
17Roseland Community Medical District Commission, the Calumet
18City Community Medical District Commission, the Board of
19Trustees of the University of Illinois, the Board of Trustees
20of Southern Illinois University, the Board of Trustees of
21Chicago State University, the Board of Trustees of Eastern
22Illinois University, the Board of Trustees of Governors State
23University, the Board of Trustees of Illinois State
24University, the Board of Trustees of Northeastern Illinois
25University, the Board of Trustees of Northern Illinois

 

 

HB1227- 25 -LRB103 24833 AWJ 51165 b

1University, the Board of Trustees of Western Illinois
2University, or the Board of Trustees of the Illinois
3Mathematics and Science Academy, shall be dismissed and the
4person to whom any such cause of action accrued for any
5personal injury shall be forever barred from further action in
6the Court of Claims for such personal injury, except as
7otherwise provided by the Crime Victims Compensation Act.
8(Source: P.A. 89-4, eff. 1-1-96.)
 
9    Section 905. The Eminent Domain Act is amended by changing
10Section 15-5-49 as follows:
 
11    (735 ILCS 30/15-5-49 new)
12    Sec. 15-5-49. Eminent domain powers in new Acts. The
13following provisions of law may include express grants of the
14power to acquire property by condemnation or eminent domain:
15Calumet City Community Medical District Act; medical district;
16for general purposes.
 
17    Section 910. The State Finance Act is amended by adding
18Section 5.990 as follows:
 
19    (30 ILCS 105/5.990 new)
20    Sec. 5.990. The Calumet City Community Medical District
21Income Fund.
 
22    Section 999. Effective date. This Act takes effect upon

 

 

HB1227- 26 -LRB103 24833 AWJ 51165 b

1becoming law.