Illinois General Assembly - Full Text of SB1464
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Full Text of SB1464  103rd General Assembly

SB1464 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1464

 

Introduced 2/7/2023, by Sen. Omar Aquino

 

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 Humboldt Park Community Medical District Act. Establishes the boundaries of the District in the City of Chicago to be south of Division Street, between Sacramento Boulevard and California Avenue, and north of Augusta Boulevard. 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 Humboldt Park Community Medical District Commission and the other existing medical district commissions. Effective immediately.


LRB103 27434 AWJ 53806 b

 

 

A BILL FOR

 

SB1464LRB103 27434 AWJ 53806 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
5Humboldt Park Community Medical District Act.
 
6    Section 5. Creation of District; purpose. There is hereby
7created in the City of Chicago a medical center district
8called the Humboldt Park Community Medical District, whose
9boundaries are Division Street on the North, from Sacramento
10Boulevard on the West to California Avenue on the East, and
11Augusta Boulevard on the South. The District is created to
12attract and retain academic centers of excellence, viable
13health care facilities, emerging high-technology enterprises,
14and other facilities and uses as permitted by this Act.
 
15    Section 10. The Humboldt Park Community Medical District
16Commission.
17    (a) There is hereby created the Humboldt Park Community
18Medical District Commission whose general purpose, in addition
19to those other purposes and powers set forth in this Act, is
20to:
21        (1) maintain the proper surroundings for a medical
22    center and a related technology center in order to

 

 

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

 

 

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1Act and the work of the Commission.
2    (c) The Commission shall consist of 9 appointed
3commissioners and 3 ex officio commissioners. Of the
4commissioners appointed, 3 shall be appointed by the Governor,
5with the advice and consent of the Senate, 3 shall be appointed
6by the Mayor of the City of Chicago, with the advice and
7consent of the Chicago City Council, and 3 shall be appointed
8by the President of the Cook County Board of Commissioners,
9with the advice and consent of the Cook County Board of
10Commissioners. All appointed commissioners shall hold office
11for a 3-year term ending on December 31 until their successors
12are appointed and have qualified; except that, of the initial
13appointed commissioners, the Governor, Mayor of the City of
14Chicago, and President of the Cook County Board of
15Commissioners shall each appoint one appointee for a term
16ending December 31, 2024, shall each appoint one appointee for
17a term ending December 31, 2025, and shall each appoint one
18appointee for a term ending December 31, 2026. The Director of
19Commerce and Economic Opportunity or his or her designee, the
20Director of Public Health or his or her designee, and the
21Secretary of Human Services or his or her designee shall serve
22as ex officio commissioners.
23    (d) Any vacancy in the office of an appointed commissioner
24occurring by reason of the death, resignation,
25disqualification, removal, or inability or refusal to act by
26the commissioner shall be filled by the authority that

 

 

SB1464- 4 -LRB103 27434 AWJ 53806 b

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

 

 

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

 

 

SB1464- 6 -LRB103 27434 AWJ 53806 b

1acquire the fee simple title for carrying out of those
2purposes.
3    The Commission may acquire in its corporate name, under
4the provisions for the exercise of the right of eminent domain
5under the Eminent Domain Act, all real and personal property
6within the District, except for (i) property owned and used
7for purposes authorized under this Act by medical institutions
8or allied educational institutions, hospitals, dispensaries,
9clinics, dormitories or homes for the nurses, doctors,
10students, instructors, or other officers or employees of those
11institutions located in the District, (ii) real property that
12is used for offices or for recreational purposes in connection
13with the institutions listed in (i), or (iii) any improved
14residential property within a historical district properly
15designated under a federal statute or a State or local statute
16that has been certified by the Secretary of the Interior of the
17United States to the Secretary of the Treasury of the United
18States as containing criteria that will substantially achieve
19the purpose of preserving and rehabilitating buildings of
20historical significance to the District.
21    The Commission has no quick-take powers, no zoning powers,
22and no power to establish or enforce building codes. The
23Commission may not acquire any property pursuant to this
24Section before a comprehensive master plan has been approved
25under Section 60. Property owned by and exclusively used by
26the Commission is exempt from taxation.
 

 

 

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

 

 

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

 

 

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

 

 

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1    Section 35. Disposition of Property.
2    (a) The Commission may sell, convey, or lease, all at fair
3market value, any title or interest in real property owned by
4it to any person or persons to be used, subject to the
5restrictions of this Act, for the purposes stated in this Act,
6for the purpose of serving persons using the facilities
7offered within the District, or for carrying out of any aspect
8of the Commission's purposes under Section 10, subject to the
9restrictions on the use of the real property as the Commission
10determines will carry out the purpose of this Act. To ensure
11that real property sold, conveyed, or leased under this
12subsection is used in accordance with this Act, the Commission
13shall inquire into and satisfy itself concerning the financial
14ability of the purchaser, conveyee, or lessee to complete the
15project for which the real property is sold, conveyed, or
16leased in accordance with a written plan to be submitted by the
17purchaser, conveyee, or lessee to the Commission. Under the
18plan, the purchaser, conveyee, or lessee shall promise (i) to
19use the land for the purposes designated in the presented
20plan, (ii) to commence and complete the construction of the
21buildings or other structures to be included in the project
22within the periods of time that the Commission determines, and
23(iii) to comply with any other conditions that the Commission
24determines are necessary to carry out the project.
25    All sales, conveyances, and leases authorized in this
26subsection shall be made on the condition that, if used other

 

 

SB1464- 11 -LRB103 27434 AWJ 53806 b

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

 

 

SB1464- 12 -LRB103 27434 AWJ 53806 b

1or in which it has sold the fee simple title or any lesser
2estate, is not being used for the purposes prescribed in this
3Act or has been unused for a period of at least one year, the
4Commission may file a lawsuit in the Cook County Circuit Court
5to enforce the terms of the sale, conveyance, or lease. If a
6reverter of title to any property is ordered by the court under
7the terms of this Act, the interest of the Commission shall be
8subject to any then existing, valid mortgage or trust deed in
9the nature of a mortgage, but if the title is acquired through
10foreclosure of that mortgage or trust deed or by deed in lieu
11of foreclosure of that mortgage or trust deed, then the title
12to the property shall not revert, but shall be subject to the
13restrictions as to use, but not any penalty for nonuse,
14contained in this Act with respect to any mortgagee in
15possession or its successor or assigns.
16    (b) If, at a regularly scheduled meeting, the Commission
17resolves that a parcel of real estate that is owned by the
18Commission is no longer needed for District purposes, the
19Commission may authorize the sale or public auction of the
20parcel. The resolution shall direct the sale to be conducted
21by (i) the staff of the Commission, (ii) listing with local
22licensed real estate agencies, in which case the terms of the
23agent's compensation shall be included in the resolution,
24(iii) or public auction. The resolution shall be published at
25the first opportunity following its passage in a newspaper
26published in the District or, if none, then in a newspaper

 

 

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1published in the county where the District is located. The
2resolution shall also contain pertinent information concerning
3the size, use, and zoning of the parcel and the terms of sale.
4    (c) The Commission may not sell, convey, or lease any
5property pursuant to this Section before a comprehensive
6master plan has been approved under Section 60.
 
7    Section 40. Notice. Before holding a public hearing
8required under Section 35 or a meeting regarding the passage
9of a resolution to file a lawsuit, the Commission shall give
10notice to the grantee or lessee, or his or her legal
11representatives, successors, or assigns, of the time and place
12of the proceeding. The notice shall be accompanied by a
13statement signed by the secretary of the Commission, or by any
14person authorized by the Commission to sign the statement,
15setting forth any act or things done or omitted to be done in
16violation, or claimed to be in violation, of any restriction
17on the use of the property, whether the restriction is
18prescribed in any of the terms of this Act or by any
19restriction on the use of the property determined by the
20Commission under the terms of this Act. The notice of the time
21and place fixed for the proceeding shall also be given to any
22person as the Commission deems necessary. The notice may be
23given by registered mail, addressed to the grantee, lessee, or
24legal representatives, successors, or assigns, at the last
25known address of the grantee, lessee, or legal

 

 

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1representatives, successors, or assigns.
 
2    Section 45. Rules. The Commission may adopt rules,
3pursuant to the Illinois Administrative Procedure Act,
4regarding the exercise of its powers, governing its
5proceedings, and regulating all hearings held by it or at its
6direction, and it may also amend those rules.
 
7    Section 50. Certified copies of documents. Copies of all
8official documents, findings, and orders of the Commission,
9certified by a commissioner or by the secretary of the
10Commission to be true copies of the originals, under the
11official seal of the Commission, shall be evidence as if those
12copies were the originals.
 
13    Section 55. Judicial review. A party may obtain a judicial
14review of a final order or decision of the Commission in the
15Cook County Circuit Court only in accordance with the
16provisions of the Administrative Review Law and the rules
17adopted under that Law. The Cook County Circuit Court shall
18take judicial notice of all the rules of practice and
19procedure of the Commission.
 
20    Section 60. Master plan; improvement and management of
21District. The Commission shall prepare and approve a
22comprehensive master plan under Section 60 for the orderly

 

 

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

 

 

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1may (i) administer oaths and affirmations, (ii) take the
2testimony of witnesses, (iii) take and receive the production
3of papers, books, records, accounts, and documents, (iv)
4receive pertinent evidence, and (v) certify the record of the
5hearing. The record of the hearing shall become part of the
6Commission's record. Notice of the time, place, and purpose of
7the hearing shall be given by a single publication notice in a
8secular newspaper of general circulation within Cook County at
9least 10 days before the date of the hearing.
 
10    Section 70. Disposition of money; income fund; rental
11moneys; audits.
12    (a) Money received by the Commission from the sale,
13conveyance, or lease of any property, in excess of the amount
14expended by the Commission for authorized purposes under this
15Act, shall be deposited into the Humboldt Park Community
16Medical District Income Fund, a special fund that is created
17in the State treasury, and may be expended as provided in this
18Section and this Act.
19    (b) The Commission may use all money deposited into the
20Humboldt Park Community Medical District Income Fund from
21rentals for the purposes of planning, acquisition, and
22development of property within the District, for the
23operation, maintenance, and improvement of property of the
24Commission, and for all purposes and powers set forth in this
25Act.

 

 

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

 

 

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

 

 

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1    except that no annual increment may exceed 5%. For the
2    annual adjustments, if the Consumer Price Index decreases
3    during a calendar year, there shall be no adjustment for
4    that calendar year. The transmission by the Prisoner
5    Review Board or the clerk of the circuit court of the
6    information described in Section 11(b) to the clerk of the
7    Court of Claims is conclusive evidence of the validity of
8    the claim. The changes made by this amendatory Act of the
9    95th General Assembly apply to all claims pending on or
10    filed on or after the effective date.
11        (d) All claims against the State for damages in cases
12    sounding in tort, if a like cause of action would lie
13    against a private person or corporation in a civil suit,
14    and all like claims sounding in tort against the Illinois
15    Medical District Center Commission, the Mid-Illinois
16    Medical District Commission, the Mid-America Medical
17    District Commission, the Roseland Community Medical
18    District Commission, the Humboldt Park Community Medical
19    District Commission, the Board of Trustees of the
20    University of Illinois, the Board of Trustees of Southern
21    Illinois University, the Board of Trustees of Chicago
22    State University, the Board of Trustees of Eastern
23    Illinois University, the Board of Trustees of Governors
24    State University, the Board of Trustees of Illinois State
25    University, the Board of Trustees of Northeastern Illinois
26    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; provided, that an award
4    for damages in a case sounding in tort, other than certain
5    cases involving the operation of a State vehicle described
6    in this paragraph, shall not exceed the sum of $2,000,000
7    to or for the benefit of any claimant. The $2,000,000
8    limit prescribed by this Section does not apply to an
9    award of damages in any case sounding in tort arising out
10    of the operation by a State employee of a vehicle owned,
11    leased or controlled by the State. The defense that the
12    State, or the Illinois Medical District Center Commission,
13    the Mid-Illinois Medical District Commission, the
14    Mid-America Medical District Commission, the Roseland
15    Community Medical District Commission, the Humboldt Park
16    Community Medical District Commission, or the Board of
17    Trustees of the University of Illinois, the Board of
18    Trustees of Southern Illinois University, the Board of
19    Trustees of Chicago State University, the Board of
20    Trustees of Eastern Illinois University, the Board of
21    Trustees of Governors State University, the Board of
22    Trustees of Illinois State University, the Board of
23    Trustees of Northeastern Illinois University, the Board of
24    Trustees of Northern Illinois University, the Board of
25    Trustees of Western Illinois University, or the Board of
26    Trustees of the Illinois Mathematics and Science Academy

 

 

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

 

 

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

 

 

SB1464- 23 -LRB103 27434 AWJ 53806 b

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

 

 

SB1464- 24 -LRB103 27434 AWJ 53806 b

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

 

 

SB1464- 25 -LRB103 27434 AWJ 53806 b

1otherwise provided by the Crime Victims Compensation Act.
2(Source: P.A. 89-4, eff. 1-1-96.)
 
3    Section 905. The Eminent Domain Act is amended by changing
4Section 15-5-49 as follows:
 
5    (735 ILCS 30/15-5-49 new)
6    Sec. 15-5-49. Eminent domain powers in new Acts. The
7following provisions of law may include express grants of the
8power to acquire property by condemnation or eminent domain:
9Humboldt Park Community Medical District Act; medical
10district; for general purposes.
 
11    Section 910. The State Finance Act is amended by adding
12Section 5.990 as follows:
 
13    (30 ILCS 105/5.990 new)
14    Sec. 5.990. The Humboldt Park Community Medical District
15Income Fund.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.