Illinois General Assembly - Full Text of HB3786
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Full Text of HB3786  103rd General Assembly

HB3786 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3786

 

Introduced 2/17/2023, by Rep. Justin Slaughter

 

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 Alexander/Pulaski Medical District Act. Creates the Alexander/Pulaski Medical District covering specified areas from the City of Cairo to north of the City of Pulaski in Alexander County and Pulaski County. 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 Alexander/Pulaski Medical District Commission and the other existing medical district commissions. Effective immediately.


LRB103 30036 AWJ 56457 b

 

 

A BILL FOR

 

HB3786LRB103 30036 AWJ 56457 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
5Alexander/Pulaski Medical District Act.
 
6    Section 5. Creation of District; purpose. The
7Alexander/Pulaski Medical District is created within Alexander
8County and Pulaski County as follows:
9        (1) South boundary: the Mississippi River.
10        (2) East boundary: the Ohio River.
11        (3) North boundary: Modglin Road in Pulaski County in
12    a line directly west to Illinois Route 127 and Modglin
13    Road in a line directly east to the county line.
14        (4) West boundary: Interstate 57 from the Mississippi
15    River to Illinois Route 3, and then Illinois Route 3 to
16    Olive Branch Road, and then Illinois Route 127 to the
17    north boundary line.
18    The District is created to attract and retain academic
19centers of excellence, viable health care facilities, medical
20research facilities, emerging high-technology enterprises, and
21other facilities and uses as permitted by this Act.
 
22    Section 10. The Alexander/Pulaski Medical District

 

 

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1Commission.
2    (a) The Alexander/Pulaski Medical District Commission is
3created. The Commission's general purpose, in addition to
4those other purposes and powers set forth in this Act, is to:
5        (1) maintain the proper surroundings for a medical
6    center and a related technology center in order to
7    attract, stabilize, and retain within the District
8    hospitals, clinics, research facilities, educational
9    facilities, or other facilities permitted under this Act;
10    and
11        (2) provide for the orderly creation, maintenance,
12    development, and expansion of (i) health care facilities
13    and other ancillary or related facilities that the
14    Commission determines are established and operated (A) for
15    any aspect of the carrying out of the Commission's
16    purposes as set forth in this Act, (B) for the study,
17    diagnosis, and treatment of human ailments and injuries,
18    whether physical or mental, or (C) to promote medical,
19    surgical, and scientific research and knowledge as
20    permitted under this Act, and (ii) medical research and
21    high-technology parks, together with the necessary lands,
22    buildings, facilities, equipment, and personal property
23    for those parks.
24    (b) The Commission has perpetual succession and the power
25to contract and be contracted with, to sue and, except in tort
26actions, to be sued, to plead and be impleaded, to have and use

 

 

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1a common seal, and to alter the common seal. All tort actions
2against the Commission shall be prosecuted in the Court of
3Claims. The principal office of the Commission shall be
4located at a hospital operated within the District. The
5Commission may hire or contract with any personnel as the
6Commission deems advisable to carry out the purposes of this
7Act and the work of the Commission.
8    (c) The Commission shall consist of 12 appointed
9commissioners and 3 ex officio commissioners. Of the
10commissioners appointed, 3 shall be appointed by the Governor,
113 shall be appointed by the Mayor of Cairo, 3 shall be
12appointed by the Alexander County Board Chairperson, and 3
13shall be appointed by the Pulaski County Board Chairperson.
14All appointed commissioners shall hold office for a 3-year
15term ending on December 31 until their successors are
16appointed and have qualified; except that, of the initial
17appointed commissioners, the Governor, Mayor, and county
18chairpersons shall each appoint one appointee for a term
19ending December 31, 2025, shall each appoint one appointee for
20a term ending December 31, 2026, and shall each appoint one
21appointee for a term ending December 31, 2027. The Director of
22Commerce and Economic Opportunity or his or her designee, the
23Director of Public Health or his or her designee, and the
24Secretary of Human Services or his or her designee shall serve
25as ex officio commissioners.
26    (d) Any vacancy in the office of an appointed commissioner

 

 

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1occurring by reason of the death, resignation,
2disqualification, removal, or inability or refusal to act by
3the commissioner shall be filled by the authority that
4appointed the commissioner for the unexpired term of office of
5that commissioner.
6    (e) The Commission shall hold regular meetings annually
7for the election of a president, vice president, secretary,
8and treasurer, for the adoption of a budget, and for any other
9business that may properly come before it. The Commission
10shall establish the duties and responsibilities of its
11officers by rule. The president or any 3 commissioners of the
12Commission may call special meetings of the Commission. Each
13commissioner shall take an oath of office for the faithful
14performance of his or her duties. The Commission may not
15transact business at a meeting of the Commission unless there
16is present at the meeting a quorum consisting of at least 9
17commissioners. Meetings may be held by telephone conference or
18other communications equipment by means of which all persons
19participating in the meeting can communicate with each other.
20    (f) The Commission shall submit to the General Assembly,
21not later than March 1 of each even numbered year, a detailed
22report covering its operations for the 2 preceding calendar
23years and a statement of its program for the next 2 years.
24    (g) Neither the Commission nor the District has any power
25to tax.
26    (h) The Commission is a public body and is subject to the

 

 

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1Open Meetings Act and the Freedom of Information Act.
 
2    Section 15. Grants; loans; appropriations; contracts. The
3Commission may apply for and accept grants, loans, or
4appropriations from the State of Illinois, the federal
5government, a state or federal agency or instrumentality, a
6unit of local government, or any other person or entity to be
7used for any of the purposes of the District. The Commission
8may enter into any agreement with the State of Illinois, the
9federal government, a state or federal instrumentality, a unit
10of local government, or any other person or entity in relation
11to the grants, matching grants, loans, or appropriations.
12    The Commission may, by contract, accept and collect from
13entities that enter into the contract assessments or fees for
14District enhancements and improvements, common area shared
15services, shared facilities, or other activities or
16expenditures in furtherance of the purposes of this Act.
17    The Commission may make grants to neighborhood
18organizations within the District for the purpose of
19benefiting the District.
 
20    Section 20. Property; acquisition. The Commission may
21acquire the fee simple title to real property lying within the
22District and personal property required for its purposes, by
23gift, purchase, or otherwise. Title shall be taken in the
24corporate name of the Commission. The Commission may lease any

 

 

HB3786- 6 -LRB103 30036 AWJ 56457 b

1real property located within the District and personal
2property found by the Commission to be necessary for its
3purposes and to which the Commission finds that it need not
4acquire the fee simple title for carrying out those purposes.
5    The Commission may acquire in its corporate name, under
6the provisions for the exercise of the right of eminent domain
7under the Eminent Domain Act, all real and personal property
8within the District, except for (i) property owned and used
9for purposes authorized under this Act by medical institutions
10or allied educational institutions, hospitals, dispensaries,
11clinics, dormitories or homes for the nurses, doctors,
12students, instructors, or other officers or employees of those
13institutions located in the District, (ii) real property that
14is used for offices or for recreational purposes in connection
15with the institutions listed in (i), or (iii) any improved
16residential property within a historical district properly
17designated under a federal statute or a State or local statute
18that has been certified by the Secretary of the Interior of the
19United States to the Secretary of the Treasury of the United
20States as containing criteria that will substantially achieve
21the purpose of preserving and rehabilitating buildings of
22historical significance to the District.
23    The Commission has no quick-take powers, no zoning powers,
24and no power to establish or enforce building codes. The
25Commission may not acquire any property pursuant to this
26Section before a comprehensive master plan has been approved

 

 

HB3786- 7 -LRB103 30036 AWJ 56457 b

1under Section 60. Property owned by and exclusively used by
2the Commission is exempt from taxation.
 
3    Section 25. Construction and improvements.
4    (a) The Commission may, within the District and in its
5corporate capacity, construct or make improvements to, or
6cause to be constructed or improved, a hospital, sanitarium,
7clinic, laboratory, or any other institution, building,
8structure, or ancillary or related facility that the
9Commission determines should be established and operated for
10any one or more of the following purposes:
11        (1) carrying out of any aspect of the Commission's
12    purposes as set forth in this Act;
13        (2) studying, diagnosing, and treating human ailments
14    and injuries, whether physical or mental, or promoting
15    medical, surgical, and scientific research and knowledge;
16        (3) supporting and nurturing facilities and uses
17    permitted by this Act;
18        (4) providing a nursing facility, extended care
19    facility, or other facilities that the Commission finds
20    useful in the study of, research in, or treatment of
21    illnesses or infirmities specific to the elderly;
22        (5) providing institutions that engage in the
23    training, education, or rehabilitation of persons with a
24    disability, as that term is defined in Section 10 of the
25    Disabilities Services Act of 2003;

 

 

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1        (6) providing office buildings for physicians or
2    dealers in medical accessories;
3        (7) providing dormitories, homes, or residences for
4    the medical profession, including interns, nurses,
5    students, or other officers or employees of the
6    institutions within the District, or for the use of
7    relatives of patients in the hospitals or other
8    institutions within the District;
9        (8) rehabilitating or establishing of residential
10    structures within a historic district properly designated
11    under a federal statute or a State or local statute that
12    has been certified by the Secretary of the Interior of the
13    United States to the Secretary of the Treasury of the
14    United States as containing criteria that will
15    substantially achieve the purpose of preserving and
16    rehabilitating buildings of historic significance to the
17    District, or any other areas of the District as the
18    Commission may designate;
19        (9) facilitating research, development, and
20    production, in any of the fields of medicine, chemistry,
21    pharmaceuticals, or physics, of genetically engineered
22    products;
23        (10) providing biotechnology, information technology,
24    medical technology, or environmental technology; and
25        (11) researching and developing engineering or
26    computer technology related to the medical field.

 

 

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1    The Commission may construct or improve, or cause to be
2constructed or improved, these institutions, buildings,
3structures, or ancillary or related facilities after a public
4hearing is held by any commissioner or other person authorized
5by the Commission to conduct the hearing.
6    (b) The Illinois Procurement Code applies to any
7construction or improvements undertaken pursuant to this
8Section, and the Commission shall conduct all procurements in
9a manner that is consistent with that Code. Construction or
10improvement may not be undertaken pursuant to this Section
11before a comprehensive master plan has been approved by the
12Commission under Section 60.
 
13    Section 30. Relocation assistance. The Commission may
14provide relocation assistance to persons and entities
15displaced by the Commission's acquisition of property and
16improvement of the District. Relocation assistance shall not
17be less than would be provided by the federal government to a
18displaced person under the federal Uniform Relocation
19Assistance and Real Property Acquisition Policies Act of 1970
20and the regulations promulgated under that Act. As used in
21this Section, "displaced person" has the meaning ascribed to
22that term in 42 U.S.C. 4601. Relocation assistance may include
23assistance with the moving of a residential unit to a new
24location. The Commission shall identify an individual to serve
25as a single point of contact for information about relocation

 

 

HB3786- 10 -LRB103 30036 AWJ 56457 b

1assistance provided under this Section.
 
2    Section 35. Disposition of Property.
3    (a) The Commission may sell, convey, or lease, all at fair
4market value, any title or interest in real property owned by
5it to any person or persons to be used, subject to the
6restrictions of this Act, for the purposes stated in this Act,
7for the purpose of serving persons using the facilities
8offered within the District, or for carrying out of any aspect
9of the Commission's purposes under Section 10, subject to the
10restrictions on the use of the real property as the Commission
11determines will carry out the purpose of this Act. To ensure
12that real property sold, conveyed, or leased under this
13subsection is used in accordance with this Act, the Commission
14shall inquire into and satisfy itself concerning the financial
15ability of the purchaser, conveyee, or lessee to complete the
16project for which the real property is sold, conveyed, or
17leased in accordance with a written plan to be submitted by the
18purchaser, conveyee, or lessee to the Commission. Under the
19plan, the purchaser, conveyee, or lessee shall promise (i) to
20use the land for the purposes designated in the presented
21plan, (ii) to commence and complete the construction of the
22buildings or other structures to be included in the project
23within the periods of time that the Commission determines, and
24(iii) to comply with any other conditions that the Commission
25determines are necessary to carry out the project.

 

 

HB3786- 11 -LRB103 30036 AWJ 56457 b

1    All sales, conveyances, and leases authorized in this
2subsection shall be made on the condition that, if used other
3than for the purposes prescribed in this Act, or unused for a
4period of at least one year, title to the property reverts to
5the Commission. All sales, conveyances, and leases made by the
6Commission to any person for use by residents or any other
7person shall be on the condition that if the resident or other
8person violates any of the restrictions as to the use of the
9property as the Commission has determined will carry out the
10purposes of this Act, then title to the property reverts to the
11Commission. If, however, the Commission finds that financing
12necessary for the acquisition or lease of any real estate or
13for the construction of any building or improvement to be used
14for purposes prescribed in this Act cannot be obtained if
15title to the land, building, or improvement is subject to such
16a reverter provision, the finding shall be made by the
17Commission after a public hearing is held. Upon the finding
18being made, the Commission may cause the real property to be
19conveyed free of a reverter provision if at least 9
20commissioners vote in favor of the sale, conveyance, or lease
21without the reverter provision. The Commission may also
22include, in the sales agreement, conveyance, lease agreement,
23or other documentation, provisions for notice of the
24violations or default and how to cure violations or default
25for the benefit of any lender or mortgagee as the Commission
26may determine is appropriate.

 

 

HB3786- 12 -LRB103 30036 AWJ 56457 b

1    If, at a regularly scheduled meeting, the Commission
2resolves that a parcel of real estate conveyed or leased by it,
3or in which it has sold the fee simple title or any lesser
4estate, is not being used for the purposes prescribed in this
5Act or has been unused for a period of at least one year, the
6Commission may file a lawsuit in the circuit court of either
7Alexander or Pulaski counties to enforce the terms of the
8sale, conveyance, or lease. If a reverter of title to any
9property is ordered by the court under the terms of this Act,
10the interest of the Commission shall be subject to any then
11existing, valid mortgage or trust deed in the nature of a
12mortgage, but if the title is acquired through foreclosure of
13that mortgage or trust deed or by deed in lieu of foreclosure
14of that mortgage or trust deed, then the title to the property
15shall not revert, but shall be subject to the restrictions as
16to use, but not any penalty for nonuse, contained in this Act
17with respect to any mortgagee in possession or its successor
18or assigns.
19    (b) If, at a regularly scheduled meeting, the Commission
20resolves that a parcel of real estate that is owned by the
21Commission is no longer needed for District purposes, the
22Commission may authorize the sale or public auction of the
23parcel. The resolution shall direct the sale to be conducted
24by (i) the staff of the Commission, (ii) listing with local
25licensed real estate agencies, in which case the terms of the
26agent's compensation shall be included in the resolution,

 

 

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1(iii) or public auction. The resolution shall be published at
2the first opportunity following its passage in a newspaper
3published in the District or, if none, then in a newspaper
4published in the county where the District is located. The
5resolution shall also contain pertinent information concerning
6the size, use, and zoning of the parcel and the terms of sale.
7    (c) The Commission may not sell, convey, or lease any
8property pursuant to this Section before a comprehensive
9master plan has been approved under Section 60.
 
10    Section 40. Notice. Before holding a public hearing
11required under Section 35 or a meeting regarding the passage
12of a resolution to file a lawsuit, the Commission shall give
13notice to the grantee or lessee, or his or her legal
14representatives, successors, or assigns, of the time and place
15of the proceeding. The notice shall be accompanied by a
16statement signed by the secretary of the Commission, or by any
17person authorized by the Commission to sign the statement,
18setting forth any act or things done or omitted to be done in
19violation, or claimed to be in violation, of any restriction
20on the use of the property, whether the restriction is
21prescribed in any of the terms of this Act or by any
22restriction on the use of the property determined by the
23Commission under the terms of this Act. The notice of the time
24and place fixed for the proceeding shall also be given to any
25person as the Commission deems necessary. The notice may be

 

 

HB3786- 14 -LRB103 30036 AWJ 56457 b

1given by registered mail, addressed to the grantee, lessee, or
2legal representatives, successors, or assigns, at the last
3known address of the grantee, lessee, or legal
4representatives, successors, or assigns.
 
5    Section 45. Rules. The Commission may adopt rules,
6pursuant to the Illinois Administrative Procedure Act,
7regarding the exercise of its powers, governing its
8proceedings, and regulating all hearings held by it or at its
9direction, and it may also amend those rules.
 
10    Section 50. Official documents. Copies of all official
11documents, findings, and orders of the Commission, certified
12by a commissioner or by the secretary of the Commission to be
13true copies of the originals, under the official seal of the
14Commission, shall be evidence as if those copies were the
15originals.
 
16    Section 55. Judicial review. A party may obtain a judicial
17review of a final order or decision of the Commission in the
18circuit court of either Alexander or Pulaski counties only in
19accordance with the provisions of the Administrative Review
20Law and the rules adopted under that Law. The circuit court
21shall take judicial notice of all the rules of practice and
22procedure of the Commission.
 

 

 

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1    Section 60. Master plan; improvement and management of the
2District. The Commission shall prepare and approve a
3comprehensive master plan under Section 60 for the orderly
4development and management of all property within the
5District. The master plan, and any amendment to the master
6plan, shall not take effect, however, until it has been
7approved by the Commission. The Commission shall take the
8actions permitted to be taken by it under this Act as it may
9determine are appropriate to provide conditions most favorable
10for the special care and treatment of the sick and injured, for
11the study of disease, and for any other purpose set forth in
12this Act. In the master plan, the Commission may provide for
13shared services and facilities within the District for the
14accredited schools of medicine and the licensed nonprofit
15acute care hospitals within the District.
 
16    Section 65. Public hearings. The Commission shall conduct
17a public hearing before taking any of the actions described in
18Section 25, making specified reverter-related findings under
19Section 35, or approving a comprehensive master plan under
20Section 60. The Commission shall also conduct a public hearing
21whenever it is otherwise required by law to do so and may
22conduct a public hearing whenever it may elect to do so. If
23there is no law governing a specific type of public hearing,
24the Commission shall conduct that public hearing pursuant to
25the Open Meetings Act and this Section.

 

 

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1    The Commission may authorize a commissioner or other
2person of legal age to conduct a hearing not otherwise
3required by law. The commissioner or other authorized person
4may (i) administer oaths and affirmations, (ii) take the
5testimony of witnesses, (iii) take and receive the production
6of papers, books, records, accounts, and documents, (iv)
7receive pertinent evidence, and (v) certify the record of the
8hearing. The record of the hearing shall become part of the
9Commission's record. Notice of the time, place, and purpose of
10the hearing shall be given by a single publication notice in a
11secular newspaper or newspapers of general circulation within
12Alexander and Pulaski counties at least 10 days before the
13date of the hearing.
 
14    Section 70. Disposition of money; income fund; rental
15moneys; audits.
16    (a) Money received by the Commission from the sale,
17conveyance, or lease of any property, in excess of the amount
18expended by the Commission for authorized purposes under this
19Act, shall be deposited into the Alexander/Pulaski Medical
20District Income Fund, a special fund that is created in the
21State treasury, and may be expended as provided in this
22Section and this Act.
23    (b) The Commission may use all money deposited into the
24Alexander/Pulaski Medical District Income Fund from rentals
25for the purposes of planning, acquisition, and development of

 

 

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1property within the District, for the operation, maintenance,
2and improvement of property of the Commission, and for all
3purposes and powers set forth in this Act.
4    (c) The Auditor General shall conduct audits of the
5Commission in the same manner as the Auditor General conducts
6audits of State agencies under the Illinois State Auditing
7Act. The Auditor General shall, at least biennially, audit or
8cause to be audited all records and accounts of the Commission
9pertaining to the operation of the District.
 
10    Section 75. Attorney General. The Attorney General is the
11legal advisor to the Commission and shall prosecute or defend,
12as the case may be, all actions brought by or against the
13Commission.
 
14    Section 900. The Court of Claims Act is amended by
15changing Sections 8, 22-1, and 22-2 as follows:
 
16    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
17    Sec. 8. Court of Claims jurisdiction; deliberation
18periods. The court shall have exclusive jurisdiction to hear
19and determine the following matters:
20        (a) All claims against the State founded upon any law
21    of the State of Illinois or upon any regulation adopted
22    thereunder by an executive or administrative officer or
23    agency; provided, however, the court shall not have

 

 

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1    jurisdiction (i) to hear or determine claims arising under
2    the Workers' Compensation Act or the Workers' Occupational
3    Diseases Act, or claims for expenses in civil litigation,
4    or (ii) to review administrative decisions for which a
5    statute provides that review shall be in the circuit or
6    appellate court.
7        (b) All claims against the State founded upon any
8    contract entered into with the State of Illinois.
9        (c) All claims against the State for time unjustly
10    served in prisons of this State when the person imprisoned
11    received a pardon from the Governor stating that such
12    pardon is issued on the ground of innocence of the crime
13    for which he or she was imprisoned or he or she received a
14    certificate of innocence from the Circuit Court as
15    provided in Section 2-702 of the Code of Civil Procedure;
16    provided, the amount of the award is at the discretion of
17    the court; and provided, the court shall make no award in
18    excess of the following amounts: for imprisonment of 5
19    years or less, not more than $85,350; for imprisonment of
20    14 years or less but over 5 years, not more than $170,000;
21    for imprisonment of over 14 years, not more than $199,150;
22    and provided further, the court shall fix attorney's fees
23    not to exceed 25% of the award granted. On or after the
24    effective date of this amendatory Act of the 95th General
25    Assembly, the court shall annually adjust the maximum
26    awards authorized by this subsection (c) to reflect the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3786- 25 -LRB103 30036 AWJ 56457 b

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