Public Act 097-0825
Public Act 0825 97TH GENERAL ASSEMBLY
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Public Act 097-0825
| | SB3514 Enrolled | LRB097 15727 CEL 60871 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Medical District Act is amended by | changing Sections 2, 4, 5, and 10 as follows:
| (70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
| Sec. 2. Illinois Medical District Commission.
| (a) There is hereby created a political subdivision, unit | of local government, body politic and corporate under
the | corporate name of Illinois Medical District Commission,
| hereinafter called the
Commission, whose general purpose in | addition to and not in limitation of
those purposes and powers | set forth in other Sections of this Act shall be to:
| (1) maintain the proper surroundings for a medical | center and a related
technology center in order to attract, | stabilize, and retain therein
hospitals, clinics, research | facilities, educational facilities, or other
facilities | permitted under this Act;
| (2) provide for the orderly creation and expansion of | (i) various
county, and local governmental facilities as | permitted under this Act,
including, but not limited to, | juvenile detention facilities, (ii)
other ancillary or | related facilities which the Commission may from time to
|
| time determine are established and operated for any aspect | of the carrying
out of the Commission's purposes as set | forth in this Act, or are
established and operated for the | study, diagnosis, and treatment of human
ailments and | injuries, whether physical or mental, or to promote | medical,
surgical, and scientific research and knowledge | as permitted under this Act,
and (iii) medical research and | high technology parks, together with the
necessary lands, | buildings, facilities, equipment, and personal property
| therefore, and (iv) other facility development to generate | and maintain revenue streams sufficient to fund the | operations of the Commission and for the District, and to | provide for any cash reserves as the Commission shall deem | prudent.
| (b) The Commission shall have perpetual succession, power
| to contract and be contracted with, to sue and be sued in its | corporate name, but judgment shall not in any case be issued | against any property of the Commission except in actions
| sounding in tort, to plead and be impleaded, to have and use a | common
seal, and to alter the same at pleasure. All actions | sounding in tort
against the Commission shall be prosecuted in | the Court of Claims. The
principal office of the Commission | shall be in the city of Chicago, and
the Commission may | establish such other offices within the state of
Illinois at | such places as to the Commission shall seem advisable. Such
| Commission shall consist of 7 members, 4 of whom shall be |
| appointed by the
Governor, 2 by the Mayor of Chicago, and one | by the President of the County
Board of Cook County. All | members shall hold office for a term of 5 years
and until their | successors are appointed as provided in this
Act; provided, | that as soon as possible after the effective date of this
| amendatory Act, the Governor shall appoint 4 members for terms
| expiring, respectively, on June 30, 1952, 1953, 1954 and 1955. | The terms
of all members heretofore appointed by the Governor | shall expire upon
the commencement of the terms of the members | appointed pursuant to this
amendatory Act. Any vacancy in the | membership of the Commission
occurring by reason of the death, | resignation, disqualification, removal
or inability or refusal | to act of any of the members of the Commission
shall be filled | by the person who had appointed the particular member,
and for | the unexpired term of office of that particular member. A | vacancy
caused by the expiration of the period for which the | member was appointed
shall be filled by a new appointment for a | term of 5 years from the date of
such expiration of the prior 5 | year term notwithstanding when such
appointment is actually | made. The Commission shall obtain, pursuant to the
provisions | of the Personnel Code, such personnel as to the Commission | shall
seem advisable to carry out the purposes of this Act and | the work of the
Commission. The Commission may appoint a | General Attorney and define the
duties of that General | Attorney.
| The Commission shall hold regular meetings annually for the |
| election
of a president, vice-president, secretary, and | treasurer and for the
adoption of a budget. Special meetings | may be called by the President or
by any 2 members. Each member | shall take an oath of office for the
faithful performance of | his duties. Four members of the Commission shall
constitute a | quorum for the transaction of business.
| The Commission shall submit, to the General Assembly not | later than
March 1 of each odd-numbered year, a detailed report | covering its
operations for the 2 preceding calendar years and | a statement of its
program for the next 2 years.
| The requirement for reporting to the General Assembly shall | be satisfied
by filing copies of the report with the Speaker, | the Minority Leader and
the Clerk of the House of | Representatives and the President, the Minority
Leader and the | Secretary of the Senate and the Legislative Research
Unit, as | required by Section 3.1 of the General Assembly Organization | Act,
and filing such additional copies with the State | Government Report
Distribution Center for the General Assembly | as is required under paragraph
(t) of Section 7 of the State | Library Act.
| (Source: P.A. 89-356, eff. 8-17-95.)
| (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
| Sec. 4.
The Commission may, in its corporate capacity, | construct or cause
or permit to be constructed in such | District, hospitals, sanitariums,
clinics, laboratories, or |
| any other institution, building or structure or
other ancillary | or related facilities which the Commission may, from time
to | time, determine are established and operated for the carrying | out of any
aspect of the Commission's purpose as set forth in | this Act, or are
established and operated for the study, | diagnosis, and treatment of human
ailments and injuries, | whether physical or mental, or to promote medical,
surgical, | and scientific research and knowledge, or for any uses the
| Commission shall determine will support and nurture | facilities, and uses
permitted by this Act, or for such | nursing, extended care, or other
facilities as the Commission
| shall find useful in the study of, research in, or treatment of | illnesses
or infirmities peculiar to aged people, after a | public hearing to be held
by any Commissioner or other person | authorized by the Commission to conduct
the same, which | Commissioner or other person shall have the power to
administer | oaths and affirmations and take the testimony of witnesses and
| receive such documentary evidence as shall be pertinent, the | record of
which hearing he shall certify to the Commission, | which record shall become
part of the records of the | Commission, notice of the time, place, and
purpose of such | hearings to be given by a single publication notice in a
| secular newspaper of general circulation in the city of Chicago | at least
ten days prior to the date of such hearing, or for | such institutions as
shall engage in the training, education, | or rehabilitation of persons who
by reason of illness or |
| physical infirmity are wholly or partially deprived
of their | powers of vision or hearing or of the use of such other part or
| parts of their bodies as prevent them from pursuing normal | activities of
life, or office buildings for physicians or | dealers in medical accessories,
or dormitories, homes or | residences for the medical profession, including
interns, | nurses, students or other officers or employees of the
| institutions within the District, or for the use of relatives | of patients
in the hospitals or other institutions within the | District, or for the
rehabilitation or establishment of | residential structures within
a currently effective historic | district properly designated under a federal
statute or a State | or local statute that has been certified by the Secretary
of | the Interior to the Secretary of the Treasury as containing | criteria
which will substantially achieve the purpose of | preserving
and rehabilitating buildings of historic | significance to the district, or
in the area of such District | located west of South Damen Avenue and north
of West Polk | Street, commonly known as the Chicago Technology Park or
such | other areas of the District as the Commission shall designate, | for
research, development and resultant production, in any of | the fields of
medicine, chemistry, pharmaceuticals, physics | and genetically engineered
products, for biotechnology, | information technology, medical technology, or
environmental | technology, or for the research and development of engineering
| or for computer
technology related to any of the purposes for |
| which the Commission may
construct structures and improvements | within the District. All such
structures and improvements shall | be erected and constructed in accordance
with the
Illinois | Purchasing Act, to the same extent as if the Commission were a
| Code Department. The Commission shall administer and exercise | ultimate
authority with respect to the development and | operation of the Chicago
Technology Park, and any extensions or | expansion thereof.
In addition, the Commission may create a | development area within the area of
the District located south | of Roosevelt Road, called the District
Development Area in this | Act. Within the District Development Area the
Commission may
| cause to be acquired or constructed commercial and other types | of development,
public and private, if
the Commission | determines that the commercial developments are ancillary to
| and necessary for the support of facilities within the District | and any
other purposes of the District, after a public hearing | held by a commissioner
or the person authorized by the | Commission to conduct the hearing. The
Commissioner or other | authorized persons shall have the power to administer
oaths and | affirmations, take the testimony of witnesses, receive | pertinent
evidence, and certify the record of the hearing to | the Commission. The
record of the hearing shall become part of | the Commissions records. Notice
of the time, place, and purpose | of the hearing shall be given by a single
publication notice in | a secular newspaper of general circulation in the
City of | Chicago at least 10 days before the date of the hearing.
In |
| addition to
the powers set forth above, the Commission may | sell, lease,
develop, operate, and manage for any person,
firm, | partnership, or corporation, either public or private, all or | any part of
the land, buildings, facilities, equipment, or | other property included in the
District Development Area and | any medical research and high technology
park or the designated | commercial
development area upon the terms and conditions the
| Commission may deem advisable, and may enter into any contract | or agreement
with any person, firm, partnership, or | corporation, either public or
private, or any combination of | the foregoing, as may be necessary or
suitable for the | creation, marketing, development,
construction, | reconstruction, rehabilitation, financing, operation and
| maintenance, and management of the District Development Area | and any
technology
park or designated commercial development | area; and may sell or lease
to any person, firm, partnership, | or
corporation, either public or private, any part or all of | the land,
building, facilities, equipment, or other property of | the park or the
designated commercial development area upon the
| rentals, terms, and conditions as the Commission may deem | advisable; and
may finance all or part of the cost of the | Commission's development and
operation of the District | Development Area as well as any park or the
designated | commercial
development area, including the creation, | marketing,
development, purchase, lease, construction, | reconstruction,
rehabilitation, improvement,
remodeling, |
| addition to, extension, and maintenance of all or part of
the | high technology park or the designated commercial development | area, and all
equipment and furnishings, by legislative
| appropriations, government grants, contracts, private gifts, | loans,
bonds,
receipts from the sale or lease of land for the | operation of the District and
any high
technology park or the | designated commercial development area, rentals,
and similar | receipts or other sources of revenue legally available for | these
purposes.
The Commission shall promulgate rules | concerning the procurement of contracts and purchases. The | Commission also may defray the expenses of the operation of the | District
Development Area and technology park, improvements to | the District Development
Area and technology park, provision of | shared services, common facilities and
common area expenses, | benefiting owners and occupants of property within the
District | Development Area and the technology park by general assessment,
| special
assessment, or the imposition of service or user fees. | As to the entities
eligible to be members of the advisory | District Member Council,
such assessments or impositions may be | undertaken only
with District Member Council
consent as | provided in Section 8.
For a period of 6 years after July 1, | 1995, the Commission may
acquire any real and personal property | within the Development Area of the
District by immediate | vesting of title, commonly referred to as "quick-take",
| pursuant to Sections 7-103 through 7-112 of the Code of Civil | Procedure.
|
| (Source: P.A. 91-239, eff. 1-1-00.)
| (70 ILCS 915/5) (from Ch. 111 1/2, par. 5006)
| Sec. 5.
To obtain the funds necessary for financing the | acquisition
of land, the acquisition or construction of any | building hereinabove
mentioned, and for the operation of the | District as is in this Act set
forth, the Commission may borrow | money from any public or private agency,
department, | corporation
or person, and mortgage, pledge, or otherwise | encumber the property or funds of the Commission. In
evidence | of and as security for funds borrowed, the Commission may issue
| revenue bonds in its corporate capacity to be payable from the
| revenues derived from the operation of the institutions or | buildings,
owned, leased, or operated by or on behalf of the | Commission, but the
bonds shall in no event constitute an
| indebtedness of the Commission or a claim against the property | of the
Commission. Such bonds may be issued in such | denominations as may be
expedient, and in such amounts and at | such rates of interest as the
Commission shall deem necessary | to provide sufficient funds to pay all
the costs of acquiring | land, the construction, acquisition, equipping
and operation | of buildings within the District district, including | engineering
and other expenses. Such bonds shall be executed by | the president of the
Commission, attested by the secretary | thereof and sealed with the
Commission's corporate seal. In | case either of said officers of the
Commission who shall have |
| signed or attested any of such bonds shall
have ceased to be | such officer before delivery of such bonds, the
signature of | such officer shall be valid and sufficient to the same
effect | as if such officer had remained in office at the time of such
| delivery. The Commission shall furnish the State Comptroller
| with a record of all bonds issued under this Act.
| (Source: P.A. 89-356, eff. 8-17-95.)
| (70 ILCS 915/10) (from Ch. 111 1/2, par. 5020)
| Sec. 10. Disposition of money; income fund. The All money | received by the
Commission from the sale or lease
of any | property, in excess of such amount expended by the Commission | for
authorized purposes under this Act or as may be necessary | to satisfy
the obligation of any revenue bond issued pursuant | to Section 5, shall
be paid into the State Treasury for deposit | into the Medical Center Commission
Income Fund provided, | however, the Commission is authorized to use all money received | from the sale or lease of any property, in excess of the amount | as may be necessary to satisfy the obligation of any revenue | bond issued pursuant to Section 5 and may also use all
money | received as rentals for the purposes of planning, acquisition, | and
development of property within the District and operation, | maintenance and
improvement of property of the Commission and | for all purposes and powers set
forth in this Act. Beginning in | 1993, not later than July 10 of each
year, the Commission shall | transmit to the State Treasurer for deposit into
the Medical |
| Center Commission Income Fund all monies on hand at June 30 in
| excess of $350,000 without deduction or offset of any kind,
| except that the
Commission may retain such additional funds as | are necessary to pay
enforceable contractual obligations | existing as of June 30 and which will
be paid not later than | September 30 of that year. All monies retained for
the payment | of these obligations and not paid out by September 30, shall be
| remitted in full to the State Treasury, without deduction or | offset of
any kind, not later than October 10 of the same year.
| All monies held pursuant to this Section shall be maintained in | a
depository approved by the State Treasurer. The Commission | shall enter into an intergovernmental agreement with the The | Auditor General, who shall, at
least biennially, audit or cause | to be audited all records and accounts of
the Commission | pertaining to the operation of the District. The Auditor | General shall provide the Commission and the General Assembly | with the audits and shall post a copy on his or her website. | The Auditor General shall submit a bill to the Commission for | costs associated with the review and the audit required under | this Section, and the Commission shall reimburse the Auditor | General for such costs in a timely manner.
| (Source: P.A. 89-356, eff. 8-17-95.)
| (70 ILCS 915/5b rep.)
| Section 10. The Illinois Medical District Act is amended by | repealing Section 5b.
|
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 07/18/2012
|
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