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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Calumet City Community Medical District Act. | 6 | | Section 5. Creation of District; purpose. The Calumet | 7 | | City Community Medical District is created with boundaries | 8 | | coterminous with the boundaries of Calumet City. The District | 9 | | is created to
attract and retain academic centers of | 10 | | excellence, viable health
care facilities, medical research | 11 | | facilities, emerging high-technology enterprises, and other
| 12 | | facilities and uses as permitted by this Act.
| 13 | | Section 10. The Calumet City Community Medical District
| 14 | | Commission. | 15 | | (a) The Calumet City Community Medical District
Commission | 16 | | is created. The District's general purpose, in addition to | 17 | | those 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
| 16 | | to contract and be contracted with, to sue and, except in tort | 17 | | actions, to be sued, to plead and be impleaded, to have and use | 18 | | a
common seal, and to alter the common seal. All tort
actions | 19 | | against the Commission shall be prosecuted in the Court
of | 20 | | Claims. The principal office of the Commission shall be
| 21 | | located at a hospital operated within the District. The
| 22 | | Commission may hire or contract with any personnel as the | 23 | | Commission deems
advisable to carry out the purposes of this | 24 | | Act and the work
of the Commission.
| 25 | | (c) The Commission shall consist of 9 appointed | 26 | | commissioners and
3 ex officio commissioners. Of the |
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| 1 | | commissioners appointed, 3 shall be appointed by the
Governor, | 2 | | 3 shall be appointed by the Mayor of Calumet City, and 3 shall | 3 | | be appointed, with the advice and consent of the Cook County | 4 | | Board of Commissioners, by the
President of the Cook County | 5 | | Board of Commissioners. All appointed
commissioners shall hold | 6 | | office for a 3-year term ending on
December 31 until their | 7 | | successors are appointed and have
qualified; except that, of | 8 | | the initial appointed commissioners, the Governor, Mayor, and | 9 | | county commissioner shall each appoint one appointee for a | 10 | | term ending December 31, 2025, shall each appoint one | 11 | | appointee for a term ending December 31, 2026, and shall each | 12 | | appoint one appointee for a term ending December 31, 2027. The | 13 | | Director of Commerce and
Economic Opportunity or his or her | 14 | | designee, the Director of
Public Health or his or her | 15 | | designee, and the Secretary of
Human Services or his or her | 16 | | designee shall serve as ex officio
commissioners. | 17 | | (d) Any vacancy in the office of an appointed commissioner | 18 | | occurring by reason of the death, resignation,
| 19 | | disqualification, removal, or inability or refusal to act by | 20 | | the commissioner shall be filled by the
authority that | 21 | | appointed the commissioner for the
unexpired term of office of | 22 | | that commissioner.
| 23 | | (e) The Commission shall hold regular meetings annually | 24 | | for
the election of a president, vice president, secretary, | 25 | | and
treasurer, for the adoption of a budget, and for any other
| 26 | | business that may properly come before it. The Commission |
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| 1 | | shall
establish the duties and responsibilities of its | 2 | | officers by
rule. The president or any 3 commissioners of the | 3 | | Commission may call
special meetings of the Commission. Each | 4 | | commissioner shall
take an oath of office for the faithful | 5 | | performance of his or
her duties. The Commission may not | 6 | | transact business at a
meeting of the Commission unless there | 7 | | is present at the
meeting a quorum consisting of at least 7 | 8 | | commissioners.
Meetings may be held by telephone conference or | 9 | | other
communications equipment by means of which all persons
| 10 | | participating in the meeting can communicate with each other.
| 11 | | (f) The Commission shall submit to the General Assembly,
| 12 | | not later than March 1 of each even numbered year, a detailed
| 13 | | report covering its operations for the 2 preceding calendar
| 14 | | years and a statement of its program for the next 2 years. | 15 | | (g) Neither the Commission nor the District have any power
| 16 | | to tax.
| 17 | | (h) The Commission is a public body and is subject to the | 18 | | Open
Meetings Act and the Freedom of Information Act.
| 19 | | Section 15. Grants; loans; appropriations; contracts. The | 20 | | Commission may
apply for and accept grants, loans, or | 21 | | appropriations from the
State of Illinois, the federal | 22 | | government, a state or federal
agency or instrumentality, a | 23 | | unit of local government, or any
other person or entity to be | 24 | | used for any of the purposes of
the District. The Commission | 25 | | may enter into any agreement with
the State of Illinois, the |
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| 1 | | federal government, a state or
federal instrumentality, a unit | 2 | | of local government, or any
other person or entity in relation | 3 | | to the grants, matching
grants, loans, or appropriations. | 4 | | The Commission may, by
contract, accept and collect from | 5 | | entities that enter into the contract assessments or fees for
| 6 | | District enhancements and improvements, common area shared
| 7 | | services, shared facilities, or other activities or
| 8 | | expenditures in furtherance of the purposes of this Act. | 9 | | The
Commission may make grants to neighborhood | 10 | | organizations
within the District for the purpose of | 11 | | benefiting the District.
| 12 | | Section 20. Property; acquisition. The Commission may | 13 | | acquire the fee simple title to real property
lying within the | 14 | | District and personal property required for
its purposes, by | 15 | | gift, purchase, or otherwise. Title shall be
taken in the | 16 | | corporate name of the Commission. The Commission
may lease any | 17 | | real property located within the
District and personal | 18 | | property found by the Commission to be
necessary for its | 19 | | purposes and to which the Commission finds
that it need not | 20 | | acquire the fee simple title for carrying out
those purposes. | 21 | | The Commission may acquire in its corporate
name, under | 22 | | the provisions for the exercise of the right of
eminent domain | 23 | | under the Eminent Domain Act, all real and personal property | 24 | | within the
District, except for (i) property owned and used | 25 | | for purposes authorized
under this Act by medical institutions |
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| 1 | | or allied educational
institutions, hospitals, dispensaries, | 2 | | clinics, dormitories or
homes for the nurses, doctors, | 3 | | students, instructors, or other
officers or employees of those | 4 | | institutions located in the
District, (ii) real property that | 5 | | is used for offices or for
recreational purposes in connection | 6 | | with the institutions listed in (i),
or (iii) any improved | 7 | | residential property within a historical
district properly | 8 | | designated under a federal statute or a State
or local statute | 9 | | that has been certified by the Secretary of
the Interior of the | 10 | | United States to the Secretary of the
Treasury of the United | 11 | | States as containing criteria that will
substantially achieve | 12 | | the purpose of preserving and
rehabilitating buildings of | 13 | | historical significance to the
District. | 14 | | The Commission has
no quick-take powers, no zoning powers, | 15 | | and no power to
establish or enforce building codes. The | 16 | | Commission may not
acquire any property pursuant to this | 17 | | Section before a
comprehensive master plan has been approved | 18 | | under Section 60.
Property owned by and exclusively used by | 19 | | the Commission is exempt from taxation.
| 20 | | Section 25. Construction and improvements. | 21 | | (a) The Commission may, within the District and in its
| 22 | | corporate capacity, construct or make improvements to, or | 23 | | cause to be constructed or improved, a hospital, sanitarium, | 24 | | clinic, laboratory, or
any other institution, building, | 25 | | structure, or ancillary or related facility that the |
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| 1 | | Commission determines should be established and operated for | 2 | | any 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 |
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| 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 | 19 | | constructed or improved, these institutions, buildings, | 20 | | structures, or ancillary or related facilities after a public | 21 | | hearing is held by any commissioner or other
person authorized | 22 | | by the Commission to conduct the hearing. | 23 | | (b)
The Illinois Procurement Code applies to any | 24 | | construction or improvements undertaken pursuant to this | 25 | | Section, and the Commission shall conduct all procurements in | 26 | | a manner that is consistent with that Code. Construction or |
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| 1 | | improvement may not be undertaken pursuant to this Section | 2 | | before
a comprehensive master plan has been approved by the | 3 | | Commission under Section 60.
| 4 | | Section 30. Relocation assistance. The Commission may
| 5 | | provide relocation assistance to persons and entities
| 6 | | displaced by the Commission's acquisition of property and
| 7 | | improvement of the District. Relocation assistance shall not | 8 | | be
less than would be provided by the federal government to a | 9 | | displaced person under the federal Uniform Relocation
| 10 | | Assistance and Real Property Acquisition Policies Act of 1970
| 11 | | and the regulations promulgated under that Act. As used in | 12 | | this Section, "displaced person" has the meaning ascribed to | 13 | | that term in 42 U.S.C. 4601. Relocation assistance may include | 14 | | assistance with
the moving of a residential unit to a new | 15 | | location. The
Commission shall identify an individual to serve | 16 | | as a single point of contact for information about
relocation | 17 | | assistance provided under this Section.
| 18 | | Section 35. Disposition of Property. | 19 | | (a) The Commission may
sell, convey, or lease, all at fair | 20 | | market value, any
title or interest in real property owned by | 21 | | it to any person or
persons to be used, subject to the | 22 | | restrictions of this Act,
for the purposes stated in this Act, | 23 | | for the purpose of
serving persons using the facilities | 24 | | offered within the
District, or for carrying out of any aspect |
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| 1 | | of the Commission's
purposes under Section 10, subject to the
| 2 | | restrictions on the use of the real property as the
Commission | 3 | | determines will carry out the purpose of this Act.
To ensure | 4 | | that real property sold, conveyed, or leased
under this | 5 | | subsection is used in accordance with this
Act, the Commission | 6 | | shall inquire into and satisfy itself
concerning the financial | 7 | | ability of the purchaser, conveyee, or lessee to complete
the | 8 | | project for which the real property is sold, conveyed, or | 9 | | leased in
accordance with a written plan to be submitted by the | 10 | | purchaser, conveyee, or
lessee to the
Commission. Under the | 11 | | plan, the purchaser, conveyee, or lessee shall
promise (i) to | 12 | | use the land for the purposes designated in
the presented | 13 | | plan, (ii) to commence and complete the
construction of the | 14 | | buildings or other structures to be
included in the project | 15 | | within the periods of time that the
Commission determines, and | 16 | | (iii) to comply with any
other conditions that the Commission | 17 | | determines are
necessary to carry out the project. | 18 | | All sales, conveyances, and leases
authorized in this | 19 | | subsection shall be made on the condition that, if used other | 20 | | than for the purposes prescribed in this
Act, or unused for a | 21 | | period of at least one year, title to the
property reverts to | 22 | | the Commission. All sales, conveyances, and leases
made by the | 23 | | Commission to any person for use
by residents or any other | 24 | | person shall be on the condition that if the resident or other | 25 | | person violates any of the restrictions as to the use of
the | 26 | | property as the Commission has determined will carry
out the |
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| 1 | | purposes of this Act, then title to the property
reverts to the | 2 | | Commission. If, however, the Commission finds
that financing | 3 | | necessary for the acquisition or lease of any
real estate or | 4 | | for the construction of any building or
improvement to be used | 5 | | for purposes prescribed in this Act
cannot be obtained if | 6 | | title to the land, building, or
improvement is subject to such | 7 | | a reverter provision, the
finding shall be made by the | 8 | | Commission after a public hearing is
held. Upon the finding
| 9 | | being made, the Commission may cause the real property to be
| 10 | | conveyed free of a reverter provision if at least 7
| 11 | | commissioners vote in favor of the sale, conveyance, or lease | 12 | | without the reverter provision. The Commission
may also | 13 | | include, in the sales agreement, conveyance, lease agreement, | 14 | | or other
documentation, provisions for notice of the | 15 | | violations or
default and how to cure violations or default | 16 | | for the benefit of any lender or
mortgagee as the Commission | 17 | | may determine is appropriate.
| 18 | | If, at a regularly scheduled meeting, the Commission | 19 | | resolves
that a parcel of real estate conveyed or leased by it, | 20 | | or in which it has
sold the fee simple title or any lesser | 21 | | estate, is not being
used for the purposes prescribed in this | 22 | | Act or has been unused for a period of at least one year, the | 23 | | Commission may file a
lawsuit in the Cook County Circuit Court | 24 | | to enforce the
terms of the sale, conveyance, or lease. If a | 25 | | reverter of title to any
property is ordered by the court under | 26 | | the terms of this Act,
the interest of the Commission shall be |
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| 1 | | subject to any then
existing, valid mortgage or trust deed in | 2 | | the nature of a
mortgage, but if the title is acquired through | 3 | | foreclosure of
that mortgage or trust deed or by deed in lieu | 4 | | of foreclosure of
that mortgage or trust deed, then the title | 5 | | to the property
shall not revert, but shall be subject to the | 6 | | restrictions as
to use, but not any penalty for nonuse, | 7 | | contained in this Act
with respect to any mortgagee in | 8 | | possession or its successor or
assigns. | 9 | | (b) If, at a regularly scheduled meeting, the Commission | 10 | | resolves that a parcel of real estate that is owned by the | 11 | | Commission is no longer needed for District purposes, the | 12 | | Commission may authorize the sale or public auction of the | 13 | | parcel. The resolution shall direct the sale to be conducted | 14 | | by (i) the staff of the Commission, (ii) listing with local | 15 | | licensed real estate agencies, in which case the terms of the | 16 | | agent's compensation shall be included in the resolution, | 17 | | (iii) or public auction. The resolution shall be published at | 18 | | the first opportunity following its passage in a newspaper | 19 | | published in the District or, if none, then in a newspaper | 20 | | published in the county where the District is located. The | 21 | | resolution shall also contain pertinent information concerning | 22 | | the size, use, and zoning of the parcel and the terms of sale. | 23 | | (c) The Commission may not sell, convey, or lease any
| 24 | | property pursuant to this Section before a comprehensive | 25 | | master
plan has been approved under Section 60.
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| 1 | | Section 40. Notice. Before holding a public hearing
| 2 | | required under Section 35 or a meeting regarding
the passage | 3 | | of a resolution to file a lawsuit, the Commission
shall give | 4 | | notice to the grantee or lessee, or his or her legal
| 5 | | representatives, successors, or assigns, of the time and place
| 6 | | of the proceeding. The notice shall be accompanied by a
| 7 | | statement signed by the secretary of the Commission, or by any
| 8 | | person authorized by the Commission to sign the statement, | 9 | | setting
forth any act or things done or omitted to be done in
| 10 | | violation, or claimed to be in violation, of any restriction | 11 | | on the use of the property, whether the restriction is
| 12 | | prescribed in any of the terms of this Act or by any
| 13 | | restriction on the use of the property determined by the
| 14 | | Commission under the terms of this Act. The notice of the time
| 15 | | and place fixed for the proceeding shall also be given to any
| 16 | | person as the Commission deems necessary. The
notice may be | 17 | | given by registered mail, addressed to the
grantee, lessee, or | 18 | | legal representatives, successors, or
assigns, at the last | 19 | | known address of the grantee, lessee, or
legal | 20 | | representatives, successors, or assigns.
| 21 | | Section 45. Rules. The Commission may adopt rules, | 22 | | pursuant to the Illinois Administrative
Procedure Act, | 23 | | regarding the exercise of its powers, governing its | 24 | | proceedings, and regulating all hearings held by it or at its | 25 | | direction, and
it may also amend those rules.
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| 1 | | Section 50. Certified copies of documents. Copies of all | 2 | | official
documents, findings, and orders of the Commission, | 3 | | certified by
a commissioner or by the secretary of the | 4 | | Commission to be true
copies of the originals, under the | 5 | | official seal of the
Commission, shall be evidence as if those | 6 | | copies were the originals.
| 7 | | Section 55. Judicial review. A party may obtain a
judicial | 8 | | review of a final order or decision of the Commission
in the | 9 | | Cook County Circuit Court only in
accordance with the | 10 | | provisions of the Administrative Review Law
and the rules | 11 | | adopted under that Law. The Cook County Circuit Court shall
| 12 | | take judicial notice of all the rules of practice and | 13 | | procedure
of the Commission.
| 14 | | Section 60. Master plan; improvement and management of
| 15 | | District. The Commission shall prepare and approve a
| 16 | | comprehensive master plan under Section 60 for the orderly | 17 | | development and
management of all property within the | 18 | | District. The master
plan, and any amendment to the master | 19 | | plan, shall not take
effect, however, until it has been | 20 | | approved by the Commission. The Commission shall
take the | 21 | | actions permitted to be taken by it under this Act as
it may | 22 | | determine are appropriate to provide conditions most
favorable | 23 | | for the special care and treatment of the sick and
injured, for |
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| 1 | | the study of disease, and for any other purpose
set forth in | 2 | | this Act. In the master plan, the
Commission may provide for | 3 | | shared services and facilities
within the District for the | 4 | | accredited schools of medicine and
the licensed nonprofit | 5 | | acute care hospitals within the
District.
| 6 | | Section 65. Public hearings. The Commission shall conduct | 7 | | a
public hearing before taking any of the actions described in | 8 | | Section 25, making specified reverter-related findings under | 9 | | Section 35, or approving a
comprehensive master plan under | 10 | | Section 60. The Commission shall also conduct a
public hearing | 11 | | whenever it is otherwise required by law to do
so and may | 12 | | conduct a public hearing whenever it may elect to
do so. If | 13 | | there is no law governing a specific type of public hearing, | 14 | | the Commission shall conduct that public hearing pursuant to | 15 | | the Open Meetings Act and this Section. | 16 | | The Commission may
authorize a commissioner or other | 17 | | person of legal age to
conduct a hearing not otherwise | 18 | | required by law. The commissioner or other authorized person
| 19 | | may (i) administer oaths and affirmations, (ii)
take the | 20 | | testimony of witnesses, (iii) take and receive the
production | 21 | | of papers, books, records, accounts, and documents,
(iv) | 22 | | receive pertinent evidence, and (v) certify the record of
the | 23 | | hearing. The record of the hearing shall become part of the
| 24 | | Commission's record. Notice of the time, place, and purpose of
| 25 | | the hearing shall be given by a single publication notice in a
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| 1 | | secular newspaper of general circulation within Cook County at
| 2 | | least 10 days before the date of the hearing.
| 3 | | Section 70. Disposition of money; income fund; rental | 4 | | moneys; audits. | 5 | | (a) Money
received by the Commission from the sale, | 6 | | conveyance, or lease of any
property, in excess of the amount | 7 | | expended by the Commission
for authorized purposes under this | 8 | | Act, shall be deposited into the
Calumet City Community
| 9 | | Medical District Income Fund, a special fund that is created | 10 | | in the State treasury, and may be expended as provided in this | 11 | | Section and this Act. | 12 | | (b) The Commission may
use all money deposited into the
| 13 | | Calumet City Community
Medical District Income Fund from | 14 | | rentals for the purposes of planning,
acquisition, and | 15 | | development of property within the District,
for the | 16 | | operation, maintenance, and improvement of property of
the | 17 | | Commission, and for all purposes and powers set forth in
this | 18 | | Act. | 19 | | (c) The Auditor General shall conduct audits of the
| 20 | | Commission in the same manner as the Auditor General conducts
| 21 | | audits of State agencies under the Illinois State Auditing | 22 | | Act. The
Auditor General shall, at least biennially, audit or | 23 | | cause to
be audited all records and accounts of the Commission
| 24 | | pertaining to the operation of the District.
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| 1 | | Section 75. Attorney General. The Attorney General is the | 2 | | legal advisor to the Commission and
shall prosecute or defend, | 3 | | as the case may be, all actions
brought by or against the | 4 | | Commission. | 5 | | Section 80. Extraterritorial authority. The Commission may | 6 | | contract with the State, a unit of local government, the | 7 | | federal government or any subdivision of the federal | 8 | | government, the State of Indiana or any subdivision of the | 9 | | State of Indiana, or any individual, corporation, or other | 10 | | person to ensure service of all persons inside and near | 11 | | Calumet City who may use the services of the District or to | 12 | | coordinate services with the communities surrounding Calumet | 13 | | City. The Commission must consider the benefit to the District | 14 | | and the financial contribution and responsibilities of the | 15 | | parties that will be contracting with the District before | 16 | | deciding to enter into a contract under this Section. | 17 | | Section 900. The Court of Claims Act is amended by | 18 | | changing 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 | 21 | | periods. The court shall have exclusive
jurisdiction to hear | 22 | | and 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 |
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| 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.
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| 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 | 15 | | was received or
such a cause of action accrued, any person who | 16 | | is about to commence any
action in the Court of Claims against | 17 | | the State of Illinois, the Illinois Medical District Center | 18 | | Commission, the Mid-Illinois Medical District Commission, the | 19 | | Mid-America Medical District Commission, the Roseland | 20 | | Community Medical District Commission, the Calumet City | 21 | | Community Medical District
Commission, the Board of Trustees | 22 | | of the University of Illinois,
the Board of Trustees of | 23 | | Southern Illinois University,
the Board of Trustees of Chicago | 24 | | State University, the Board of Trustees of
Eastern Illinois | 25 | | University, the Board of Trustees of Governors State
|
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| 1 | | University, the Board of Trustees of Illinois State | 2 | | University, the Board of
Trustees of Northeastern Illinois | 3 | | University, the Board of Trustees of Northern
Illinois | 4 | | University, the Board of Trustees of Western Illinois | 5 | | University, or
the Board of Trustees of the Illinois
| 6 | | Mathematics and Science Academy, for damages on account of any | 7 | | injury to
his person shall file in the office of the Attorney | 8 | | General and also in
the office of the Clerk of the Court of | 9 | | Claims, either by himself, his
agent, or attorney, giving the | 10 | | name of the person to whom the cause of
action has accrued, the | 11 | | name and residence of the person injured, the
date and about | 12 | | the hour of the accident, the place or location where the
| 13 | | accident occurred, a brief description of how the accident | 14 | | occurred, and
the name and address of the attending physician, | 15 | | if any, except as
otherwise provided by the Crime Victims | 16 | | Compensation Act.
| 17 | | In actions for death by wrongful act, neglect or default, | 18 | | the
executor of the estate, or in the event there is no will, | 19 | | the
administrator or other personal representative of the | 20 | | decedent, shall
file within 1 year of the date of death or the | 21 | | date that the
executor or administrator is qualified, | 22 | | whichever occurs later, in the
office of the Attorney General | 23 | | and also in the office of the Clerk of
the Court of Claims, | 24 | | giving the name of the person to whom the cause of
action has | 25 | | accrued, the name and last residence of the decedent, the
date | 26 | | of the accident causing death, the date of the decedent's |
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| 1 | | demise,
the place or location where the accident causing the | 2 | | death occurred, the
date and about the hour of the accident, a | 3 | | brief description of how the
accident occurred, and the names | 4 | | and addresses of the attending
physician and treating hospital | 5 | | if any, except as otherwise provided by
the Crime Victims | 6 | | Compensation Act.
| 7 | | A claimant is not required to file the notice required by | 8 | | this Section if
he
or she files his or her claim within one | 9 | | year 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 | 13 | | not filed as
provided
in that Section, any such action | 14 | | commenced against the State of
Illinois, the Illinois Medical | 15 | | District Center Commission, the Mid-Illinois Medical District | 16 | | Commission, the Mid-America Medical District Commission, the | 17 | | Roseland Community Medical District Commission, the Calumet | 18 | | City Community Medical District
Commission, the Board of | 19 | | Trustees of the
University of Illinois, the Board of Trustees | 20 | | of Southern Illinois
University,
the Board of Trustees of | 21 | | Chicago State University, the Board of Trustees of
Eastern | 22 | | Illinois University, the Board of Trustees of Governors State
| 23 | | University, the Board of Trustees of Illinois State | 24 | | University, the Board of
Trustees of Northeastern Illinois | 25 | | University, the Board of Trustees of Northern
Illinois |
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| 1 | | University, the Board of Trustees of Western Illinois | 2 | | University, or
the Board
of Trustees of the Illinois | 3 | | Mathematics and Science Academy, shall be
dismissed and the | 4 | | person to whom any such cause of action accrued for
any | 5 | | personal injury shall be forever barred from further action in | 6 | | the
Court of Claims for such personal injury, except as | 7 | | otherwise 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 | 10 | | Section 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
| 13 | | following provisions of law may include express grants of the
| 14 | | power to acquire property by condemnation or eminent domain: | 15 | | Calumet City Community Medical District Act; medical district; | 16 | | for general purposes. | 17 | | Section 910. The State Finance Act is amended by adding | 18 | | Section 5.990 as follows: | 19 | | (30 ILCS 105/5.990 new) | 20 | | Sec. 5.990. The Calumet City Community Medical District | 21 | | Income Fund.
| 22 | | Section 999. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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