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Public Act 92-0870
SB1609 Enrolled LRB9213759ACcd
AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Medical District at Springfield Act.
Section 5. Creation of District. There is created in the
City of Springfield a medical center district, the Illinois
Medical District at Springfield, whose boundaries are 11th
Street on the east, North Grand Avenue on the north, Walnut
Street on the west, and Madison Street on the south. The
District is created to attract and retain academic centers of
excellence, viable health care facilities, medical research
facilities, emerging high technology enterprises, and other
facilities and uses as permitted by this Act.
Section 10. Illinois Medical District at Springfield
Commission.
(a) There is created a body politic and corporate under
the corporate name of the Illinois Medical District at
Springfield Commission whose general purpose, in addition to
and not in limitation of those purposes and powers set forth
in this Act, is to:
(1) maintain the proper surroundings for a medical
center and a related technology center in order to
attract, stabilize, and retain within the District
hospitals, clinics, research facilities, educational
facilities, or other facilities permitted under this Act;
and
(2) provide for the orderly creation, maintenance,
development, and expansion of (i) health care facilities
and other ancillary or related facilities that the
Commission may from time to time determine are
established and operated (A) for any aspect of the
carrying out of the Commission's purposes as set forth in
this Act, (B) for the study, diagnosis, and treatment of
human ailments and injuries, whether physical or mental,
or (C) to promote medical, surgical, and scientific
research and knowledge as permitted under this Act; and
(ii) medical research and high technology parks, together
with the necessary lands, buildings, facilities,
equipment, and personal property for those parks.
(b) The Commission has perpetual succession and the
power to contract and be contracted with, to sue and be sued
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
Springfield.
(c) The Commission shall consist of the following
members: 4 members appointed by the Governor, with the
advice and consent of the Senate; 4 members appointed by the
Mayor of Springfield, with the advice and consent of the
Springfield city council; and one member appointed by the
Chairperson of the County Board of Sangamon County. The
initial members of the Commission appointed by the Governor
shall be appointed for terms ending, respectively on the
second, third, fourth, and fifth anniversaries of their
appointments. The initial members appointed by the Mayor of
Springfield shall be appointed 2 each for terms ending,
respectively, on the second and third anniversaries of their
appointments. The initial member appointed by the
Chairperson of the County Board of Sangamon County shall be
appointed for a term ending on the fourth anniversary of the
appointment. Thereafter, all the members shall be appointed
to hold office for a term of 5 years and until their
successors are appointed as provided in this Act.
(d) 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
authority that 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 the expiration of the
prior 5-year term notwithstanding when the appointment is
actually made. The Commission shall obtain, under the
provisions of the Personnel Code, such personnel as to the
Commission shall deem advisable to carry out the purposes of
this Act and the work of the Commission.
(e) The Commission shall hold regular meetings annually
for the election of a President, Vice-President, Secretary,
and Treasurer, for the adoption of a budget, and for such
other business as may properly come before it. The
Commission shall elect as the President a member of the
Commission appointed by the Mayor of Springfield and as the
Vice-President a member of the Commission appointed by the
Governor. The Commission shall establish the duties and
responsibilities of its officers by rule. The President or
any 3 members of the Commission may call special meetings of
the Commission. Each Commissioner shall take an oath of
office for the faithful performance of his or her duties.
The Commission may not transact business at a meeting of the
Commission unless there is present at the meeting a quorum
consisting of at least 5 Commissioners. Meetings may be
held by telephone conference or other communications
equipment by means of which all persons participating in the
meeting can communicate with each other.
(f) 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 with the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and by 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.
(g) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts
audits of State agencies under the Illinois State Auditing
Act.
(h) Neither the Commission nor the District have any
power to tax.
(i) The Commission is a public body and subject to the
Open Meetings Act and the Freedom of Information Act.
Section 15. Grants; loans; contracts. The Commission may
apply for and accept grants, loans, or appropriations from
the State of Illinois, the federal government, any State or
federal agency or instrumentality, any unit of local
government, or any other person or entity to be used for any
of the purposes of the District. The Commission may enter
into any agreement with the State of Illinois, the federal
government, any State or federal instrumentality, any unit of
local government, or any other person or entity in relation
to the grants, matching grants, loans, or appropriations.
The Commission also may, by contractual agreement, accept and
collect assessments or fees from entities who enter into such
a contractual agreement for District enhancement and
improvements, common area shared services, shared facilities,
or other activities or expenditures in furtherance of the
purposes of this Act. The Commission may make grants to
neighborhood organizations within the District for the
purpose of benefitting the community.
Section 20. Property; acquisition. The Commission is
authorized to acquire the fee simple title to real property
lying within the District and personal property required for
its purposes, by gift, purchase, or otherwise. Title shall be
taken in the corporate name of the Commission. The Commission
may acquire by lease any real property lying within the
District and personal property found by the Commission to be
necessary for its purposes and to which the Commission finds
that it need not acquire the fee simple title for carrying
out of those purposes. All real and personal property within
the District, except that owned and used for purposes
authorized under this Act by medical institutions or allied
educational institutions, hospitals, dispensaries, clinics,
dormitories or homes for the nurses, doctors, students,
instructors, or other officers or employees of those
institutions located in the District, or any real property
that is used for offices or for recreational purposes in
connection with those institutions, or any improved
residential property within a currently effective historical
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 that will substantially achieve the
purpose of preserving and rehabilitating buildings of
historical significance to the district, may be acquired by
the Commission in its corporate name under the provisions for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure. The Commission has no
quick-take powers, no zoning powers, and no power to
establish or enforce building codes. The Commission may not
acquire any property pursuant to this Section before a
comprehensive master plan has been approved under Section 70.
Section 25. Construction. The Commission may, in its
corporate capacity, construct or cause to be constructed
within the District, hospitals, sanitariums, clinics,
laboratories, or any other institution, building, or
structure or other ancillary or related facilities that the
Commission may, from time to time, determine are established
and operated (i) for the carrying out of any aspect of the
Commission's purposes as set forth in this Act, 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, 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 hearing, which
Commissioner or other person has 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 or she shall certify to the
Commission, which record shall become part of the records of
the Commission, notice of the time, place, and purpose of the
hearings to be given by a single publication notice in a
secular newspaper of general circulation in the City of
Springfield at least 10 days before the date of the hearing,
or (ii) 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, for
office buildings for physicians or dealers in medical
accessories, for dormitories, homes, or residences for the
medical profession, including interns, nurses, students, or
other officers or employees of the institutions within the
District, for the use of relatives of patients in the
hospitals or other institutions within the District, for the
rehabilitation or establishment of residential structures
within a 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 that will
substantially achieve the purpose of preserving and
rehabilitating buildings of historic significance to the
district, 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,
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
provisions of the Illinois Procurement Code that apply to
State agencies. No construction may be undertaken pursuant to
this Section before a comprehensive master plan has been
approved under Section 70.
Section 30. Relocation assistance. The Commission shall
provide relocation assistance to persons and entities
displaced by the Commission's acquisition of property and
improvement of the District. Relocation assistance shall not
be less than provided under the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
and the regulations under that Act, including the eligibility
criteria. Relocation assistance may include assistance with
the moving of a residential unit to a new location. The
Commission shall establish a single point of contact for all
relocation assistance under this Section.
Section 35. Bonds. To obtain the funds necessary for
financing the acquisition of land, for the acquisition,
construction, maintenance, and rehabilitation of facilities
and equipment within the District, and for the operation of
the District as set forth in this Act, the Commission may
borrow money from any public or private agency, department,
corporation, or person. 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.
The bonds may be issued in such denominations as may be
expedient, in such amounts, and at such rates of interest as
the Commission shall deem necessary to provide sufficient
funds to pay all the costs authorized under this Section. The
bonds shall be executed by the President of the Commission,
attested by the Secretary, and sealed with the Commission's
corporate seal. If either of those officers of the Commission
who shall have signed or attested any of the bonds shall have
ceased to be such officer before delivery of the bonds, the
signature of the officer shall be valid and sufficient to the
same effect as if the officer had remained in office at the
time of delivery. The Commission shall furnish the State
Comptroller with a record of all bonds issued under this Act.
Section 40. Power to sell or lease. The Commission may
sell, convey, transfer, or lease, all at fair market value,
any title or interest in real property owned by it to any
person or persons, to be used, subject to the restrictions of
this Act, for the purposes stated in Section 25, or for the
purpose of serving persons using the facilities offered
within the District or for carrying out of any aspect of the
Commission's purposes as set forth in Section 10 of this Act,
subject to such restrictions as to the use of the real
property as the Commission shall determine will carry out the
purpose of this Act. To assure that the use of the real
property so sold or leased is in accordance with the
provisions of this Act, the Commission shall inquire into and
satisfy itself concerning the financial ability of the
purchaser to complete the project for which the real property
is sold or leased in accordance with a plan to be presented
by the purchaser or lessee, which plan shall be submitted, in
writing, to the Commission. Under the plan, the purchaser or
lessee shall undertake (1) to use the land for the purposes
designated in the plan so presented; (2) to commence and
complete the construction of the buildings or other
structures to be included in the project within such periods
of time as the Commission fixes as reasonable; and (3) to
comply with such other conditions as the Commission shall
determine are necessary to carry out the project. All
conveyances and leases authorized in this Section shall be on
condition that, in the event of use for other than the
purposes prescribed in this Act, or of nonuse for a period of
one year, title to the property shall revert to the
Commission. All conveyances and leases made by the Commission
to any corporation or person for the use of serving the
residents or any person using the facilities offered within
the District shall be on condition that in the event of
violation of any of the restrictions as to the use of the
property as the Commission shall have determined will carry
out the purposes of this Act, that title to the property
shall revert to the Commission. If, however, the Commission
finds that financing necessary for the acquisition or lease
of any real estate or for the construction of any building or
improvement to be used for purposes prescribed in this Act
cannot be obtained if title to the land or building or
improvement is subject to such a reverter provision, which
finding shall be made by the Commission after public hearing
held pursuant to a single publication notice given in a
secular newspaper of general circulation in the City of
Springfield at least 10 days before the date of the hearing,
the notice to specify the time, place, and purpose for the
hearing, and upon that finding being made, the Commission may
cause the real property to be conveyed free of a reverter
provision, provided that at least 7 members of the Commission
vote in favor thereof. The Commission may also provide in the
conveyances, leases, or other documentation provisions for
notice of such violations or default and the cure thereof for
the benefit of any lender or mortgagee as the Commission
shall determine are appropriate. If, at a regularly scheduled
meeting, the Commission resolves that a parcel of real estate
leased by it, or in which it has sold the fee simple title or
any lesser estate, is not being used for the purposes
prescribed in this Act or has been in nonuse for a period of
one year, the Commission may file a law suit in the circuit
court of Sangamon County to enforce the terms of the sale or
lease. If a reverter of title to any property is ordered by
the court under the terms of this Act, the interest of the
Commission shall be subject to any then existing valid
mortgage or trust deed in the nature of a mortgage, but if
the title is acquired through foreclosure of that mortgage or
trust deed or by deed in lieu of foreclosure of that mortgage
or trust deed, then the title to the property shall not
revert, but shall be subject to the restrictions as to use,
but not any penalty for nonuse, contained in this Act with
respect to any mortgagee in possession or its successor or
assigns.
No conveyance of real property shall be executed by the
Commission without the prior written approval of the
Governor. The Commission may not sell, convey, transfer, or
lease any property pursuant to this Section before a
comprehensive master plan has been approved under Section 70.
Section 45. Notice. Before holding any public hearing
prescribed in Section 40 of this Act, or any meeting
regarding the passage of any resolution to file a law suit,
the Commission shall give notice to the grantee or lessee, or
his or her legal representatives, successors, or assigns, of
the time and place of the proceeding. The notice shall be
accompanied by a statement signed by the Secretary of the
Commission, or by any person authorized by the Commission to
sign the same, setting forth any act or things done or
omitted to be done in violation, or claimed to be in
violation, of any restriction as to the use of the property,
whether the restriction be prescribed in any of the terms of
this Act or by any restriction as to the use of the property
determined by the Commission under the terms of this Act. The
notice of the time and place fixed for the proceeding shall
also be given to such person or persons as the Commission
shall deem necessary. The notice may be given by registered
mail, addressed to the grantee, lessee, or legal
representatives, successors, or assigns, at the last known
address of the grantee, lessee, or legal representatives,
successors, or assigns.
Section 50. Rules. The Commission may adopt reasonable
and proper rules, in accordance with the Illinois
Administrative Procedure Act, relative to the exercise of its
powers, and proper rules to govern its proceedings, to
regulate the mode and manner of all hearings held by it or at
its direction, and to alter and amend those rules.
Section 55. Official documents. Copies of all official
documents, findings, and orders of the Commission, certified
by a Commissioner or by the Secretary of the Commission to be
true copies of the originals, under the official seal of the
Commission, shall be evidence in like manner as the
originals.
Section 60. Judicial review. Any party may obtain a
judicial review of a final order or decision of the
Commission in the circuit court of Sangamon County only under
and in accordance with the provisions of the Administrative
Review Law and the rules adopted under that Law. The circuit
court shall take judicial notice of all the rules of practice
and procedure of the Commission.
Section 65. Parks. The Commission may set apart any
part of the District as a park, except those areas owned,
operated, or used for purposes authorized under this Act by
organizations or institutions engaged in the delivery or
conduct of health care services, education, or research, and
may construct, control, and maintain the same or may provide
by contract with the Springfield Park District or the City of
Springfield for the construction, control, and maintenance of
any area within the District set apart as a park.
Section 70. Master plan; improvement and management of
District. The Commission shall prepare and approve a
comprehensive master plan for the orderly development and
management of all property within the District. The master
plan, and any amendment to the master plan, shall not take
effect, however, until it has been approved by the advisory
council and the Springfield city council. The Commission
shall take the actions permitted to be taken by it under this
Act as it may determine are appropriate to provide conditions
most favorable for the special care and treatment of the sick
and injured and for the study of disease and for any other
purpose in Section 25 of this Act. In the master plan, the
Commission may provide for shared services and facilities
within the District for the accredited schools of medicine
and the licensed non-profit acute care hospitals within the
District.
Section 75. Advisory Council. The Commission must
establish an advisory council consisting of 2
representatives, appointed for one-year terms by the Mayor of
Springfield, of each recognized neighborhood organization
that the Mayor determines has a legitimate interest in the
development and improvement of the District. There is no
limit on the number of terms to which a person may be
appointed as a member. The advisory council shall review and
make recommendations to the Commission with respect to the
comprehensive master plan to be adopted by the Commission.
The advisory council may fulfill such other responsibilities
as the Commission may request in furtherance of the purposes
of this Act. The advisory council shall meet at the call of
the President of the Commission and shall conduct its affairs
in accordance with the rules that the Commission may adopt
from time to time for the governance and operation of the
advisory council.
Section 80. Public hearing. The Commission shall
conduct a public hearing prior to either acquiring through
eminent domain under Section 20 of this Act real or personal
property within the District or approving under Section 70 of
this Act a comprehensive master plan. The Commission shall
also conduct a public hearing whenever it is otherwise
required by law to do so, and may conduct a public hearing
whenever it may elect to do so.
The Commission shall conduct the public hearing called by
it in accordance with the requirements of the law mandating
it, if any, or in accordance with the provisions of this
Section if either the law mandating it is silent as to the
procedures for its holding or if the Commission elects to
hold a public hearing in the absence of any law mandating it.
In the absence of any law, or of any procedures in any
law, mandating the holding of a public hearing, the
Commission may authorize a Commissioner or other person of
legal age to conduct a hearing. The Commissioner or other
authorized person has the power to administer oaths and
affirmations, take the testimony of witnesses, take and
receive the production of papers, books, records, accounts,
and documents, receive pertinent evidence, and certify the
record of the hearing. The record of the hearing shall
become part of the Commission's record. 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 Springfield at least 10 days
before the date of the hearing.
Section 85. Jurisdiction. This Act shall not be
construed to limit the jurisdiction of the City of
Springfield to territory outside the limits of the District
nor to impair any power now possessed by or hereafter granted
to the City of Springfield or to cities generally. Property
owned by and exclusively used by the Commission shall be
exempt from taxation and shall be subject to condemnation by
the State and any municipal corporation or agency of the
State for any State or municipal purpose under the provisions
for the exercise of the right of eminent domain under Article
VII of the Code of Civil Procedure.
Section 90. Disposition of money; income fund. All money
received by the Commission from the sale or lease of any
property, in excess of the 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 35, shall be paid into the State treasury for
deposit into the Illinois Medical District at Springfield
Income Fund. The Commission is authorized to use all money
received as rentals for the purposes of planning,
acquisition, and development of property within the District,
for the operation, maintenance, and improvement of property
of the Commission, and for all purposes and powers set forth
in this Act. All moneys held pursuant to this Section shall
be maintained in a depository approved by the State
Treasurer. The Auditor General shall, at least biennially,
audit or cause to be audited all records and accounts of the
Commission pertaining to the operation of the District.
Section 95. Attorney General. The Attorney General of
the State of Illinois is the legal advisor to the Commission
and shall prosecute or defend, as the case may be, all
actions brought by or against the Commission.
Section 900. The State Finance Act is amended by adding
Sections 5.595 and 6z-60 as follows:
(30 ILCS 105/5.595 new)
Sec. 5.595. The Illinois Medical District at Springfield
Income Fund.
(30 ILCS 105/6z-60 new)
Sec. 6z-60. Illinois Medical District at Springfield
Income Fund. All payments received from the Illinois Medical
District at Springfield Commission for deposit into the
Illinois Medical District at Springfield Income Fund shall be
expended only pursuant to appropriation. Amounts in the Fund
may be appropriated to the Commission for use in purchasing
real estate.
Section 999. Effective date. This Act takes effect on
January 1, 2003.
Passed in the General Assembly December 05, 2002.
Approved January 03, 2003.
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