HB1888 EngrossedLRB097 06055 RLJ 46128 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
5Roseland Community Medical District Act.
 
6    Section 5. Creation of District. There is created a medical
7center district, the Roseland Community Medical District,
8whose boundaries are West 110th Street on the North from South
9Stewart Avenue on the West to South Michigan Avenue on the East
10and West 112th Street and East 112th Street on the South. The
11District is created to attract and retain academic centers of
12excellence, viable health care facilities, medical research
13facilities, emerging high technology enterprises, and other
14facilities and uses as permitted by this Act.
 
15    Section 10. The Roseland Community Medical District
16Commission.
17    (a) There is created a body politic and corporate under the
18corporate name of the Roseland Community Medical District
19Commission whose general purpose, in addition to and not in
20limitation of those purposes and powers set forth in this Act,
21is to:
22        (1) maintain the proper surroundings for a medical

 

 

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1    center and a related technology center in order to attract,
2    stabilize, and retain within the District hospitals,
3    clinics, research facilities, educational facilities, or
4    other facilities permitted under this Act; 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 may from time to time determine are established
9    and operated (A) for any aspect of the carrying out of the
10    Commission's purposes as set forth in this Act, (B) for the
11    study, diagnosis, and treatment of human ailments and
12    injuries, whether physical or mental, or (C) to promote
13    medical, surgical, and scientific research and knowledge
14    as 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 be sued except
20in tort actions, to plead and be impleaded, to have and use a
21common seal, and to alter the same at pleasure. All tort
22actions against the Commission shall be prosecuted in the Court
23of Claims. The principal office of the Commission shall be
24located at the Roseland Community Hospital. The Commission
25shall obtain any personnel as the Commission deems advisable to
26carry out the purposes of this Act and the work of the

 

 

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1Commission.
2    (c) The Commission shall consist of 9 appointed members and
33 ex officio members. Three members shall be appointed by the
4Governor. Three members shall be appointed by the Mayor of the
5City of Chicago. Three members shall be appointed by the
6Chairman of the County Board of Cook County. All appointed
7members shall hold office for a term of 3 years ending on
8December 31, and until their successors are appointed and have
9qualified; except that of the initial appointed members, each
10appointing authority shall designate one appointee to serve for
11a term ending December 31, 2011, one appointee to serve for a
12term ending December 31, 2012, and one appointee to serve for a
13term ending December 31, 2013. The Director of Commerce and
14Economic Opportunity or his or her designee, the Director of
15Public Health or his or her designee, and the Secretary of
16Human Services or his or her designee shall serve as ex officio
17members.
18    (d) Any vacancy in the appointed membership of the
19Commission occurring by reason of the death, resignation,
20disqualification, removal, or inability or refusal to act of
21any of the members of the Commission shall be filled by the
22authority that appointed the particular member, and for the
23unexpired term of office of that particular member.
24    (e) The Commission shall hold regular meetings annually for
25the election of a President, Vice President, Secretary, and
26Treasurer, for the adoption of a budget, and for any other

 

 

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1business as may properly come before it. The Commission shall
2establish the duties and responsibilities of its officers by
3rule. The President or any 3 members of the Commission may call
4special meetings of the Commission. Each commissioner shall
5take an oath of office for the faithful performance of his or
6her duties. The Commission may not transact business at a
7meeting of the Commission unless there is present at the
8meeting a quorum consisting of at least 7 commissioners.
9Meetings may be held by telephone conference or other
10communications equipment by means of which all persons
11participating in the meeting can communicate with each other.
12    (f) The Commission shall submit to the General Assembly,
13not later than March 1 of each odd numbered year, a detailed
14report covering its operations for the 2 preceding calendar
15years and a statement of its program for the next 2 years.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader, and the Clerk of the House of
19Representatives; the President, the Minority Leader, and the
20Secretary of the Senate; the Legislative Research Unit as
21required by Section 3.1 of the General Assembly Organization
22Act; and the State Government Report Distribution Center for
23the General Assembly as is required under paragraph (t) of
24Section 7 of the State Library Act.
25    (g) The Auditor General shall conduct audits of the
26Commission in the same manner as the Auditor General conducts

 

 

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1audits of State agencies under the Illinois State Auditing Act.
2    (h) Neither the Commission nor the District have any power
3to tax.
4    (i) The Commission is a public body and subject to the Open
5Meetings Act and the Freedom of Information Act.
 
6    Section 15. Grants; loans; contracts. The Commission may
7apply for and accept grants, loans, or appropriations from the
8State of Illinois, the federal government, any State or federal
9agency or instrumentality, any unit of local government, or any
10other person or entity to be used for any of the purposes of
11the District. The Commission may enter into any agreement with
12the State of Illinois, the federal government, any State or
13federal instrumentality, any unit of local government, or any
14other person or entity in relation to the grants, matching
15grants, loans, or appropriations. The Commission also may, by
16contractual agreement, accept and collect assessments or fees
17from entities that enter into such a contractual agreement for
18District enhancement and improvements, common area shared
19services, shared facilities, or other activities or
20expenditures in furtherance of the purposes of this Act. The
21Commission may make grants to neighborhood organizations
22within the District for the purpose of benefitting the Medical
23District.
 
24    Section 20. Property; acquisition. The Commission is

 

 

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1authorized to acquire the fee simple title to real property
2lying within the District and personal property required for
3its purposes, by gift, purchase, or otherwise. Title shall be
4taken in the corporate name of the Commission. The Commission
5may acquire by lease any real property located within the
6District and personal property found by the Commission to be
7necessary for its purposes and to which the Commission finds
8that it need not acquire the fee simple title for carrying out
9of those purposes. All real and personal property within the
10District, except that owned and used for purposes authorized
11under this Act by medical institutions or allied educational
12institutions, hospitals, dispensaries, clinics, dormitories or
13homes for the nurses, doctors, students, instructors, or other
14officers or employees of those institutions located in the
15District, or any real property that is used for offices or for
16recreational purposes in connection with those institutions,
17or any improved residential property within a historical
18district properly designated under a federal statute or a State
19or local statute that has been certified by the Secretary of
20the Interior of the United States to the Secretary of the
21Treasury of the United States as containing criteria that will
22substantially achieve the purpose of preserving and
23rehabilitating buildings of historical significance to the
24District, may be acquired by the Commission in its corporate
25name under the provisions for the exercise of the right of
26eminent domain under the Eminent Domain Act. The Commission has

 

 

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1no quick take powers, no zoning powers, and no power to
2establish or enforce building codes. The Commission may not
3acquire any property pursuant to this Section before a
4comprehensive master plan has been approved under Section 60.
5Property owned by and exclusively used by the Commission shall
6be exempt from taxation.
 
7    Section 25. Construction. The Commission may, in its
8corporate capacity, construct or cause to be constructed within
9the District hospitals, sanitariums, clinics, laboratories, or
10any other institution, building, or structure or other
11ancillary or related facilities that the Commission may, from
12time to time, determine are established and operated (i) for
13the carrying out of any aspect of the Commission's purposes as
14set forth in this Act, for the study, diagnosis, and treatment
15of human ailments and injuries, whether physical or mental, or
16to promote medical, surgical, and scientific research and
17knowledge, for any uses the Commission shall determine will
18support and nurture facilities and uses permitted by this Act,
19or for any nursing, extended care, or other facilities as the
20Commission shall find useful in the study of, research in, or
21treatment of illnesses or infirmities peculiar to aged people,
22after a public hearing to be held by any commissioner or other
23person authorized by the Commission to conduct the hearing, the
24commissioner or other person has the power to administer oaths
25and affirmations and take the testimony of witnesses and

 

 

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1receive any documentary evidence as shall be pertinent, the
2commissioner or other person shall certify to the Commission
3the record of the hearing, the record shall become part of the
4records of the Commission, notice of the time, place, and
5purpose of the hearings to be given by a single publication
6notice in a secular newspaper of general circulation in Cook
7County at least 10 days before the date of the hearing, or (ii)
8for any institutions that engage in the training, education, or
9rehabilitation of persons who by reason of illness or physical
10infirmity are wholly or partially deprived of their powers of
11vision or hearing or of the use of any other part or parts of
12their bodies as to prevent them from pursuing normal activities
13of life, for office buildings for physicians or dealers in
14medical accessories, for dormitories, homes, or residences for
15the medical profession, including interns, nurses, students,
16or other officers or employees of the institutions within the
17District, for the use of relatives of patients in the hospitals
18or other institutions within the District, for the
19rehabilitation or establishment of residential structures
20within a historic district properly designated under a federal
21statute or a State or local statute that has been certified by
22the Secretary of the Interior of the United States to the
23Secretary of the Treasury of the United States as containing
24criteria that will substantially achieve the purpose of
25preserving and rehabilitating buildings of historic
26significance to the District, or any other areas of the

 

 

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1District as the Commission shall designate, for research,
2development, and resultant production in any of the fields of
3medicine, chemistry, pharmaceuticals, physics, and genetically
4engineered products, for biotechnology, information
5technology, medical technology, or environmental technology,
6for the research and development of engineering, or for
7computer technology related to any of the purposes for which
8the Commission may construct structures and improvements
9within the District. All structures and improvements shall be
10erected and constructed in accordance with the provisions of
11the Illinois Procurement Code that apply to State agencies. No
12construction may be undertaken pursuant to this Section before
13a comprehensive master plan has been approved under Section 60.
 
14    Section 30. Relocation assistance. The Commission may
15provide relocation assistance to persons and entities
16displaced by the Commission's acquisition of property and
17improvement of the District. Relocation assistance shall not be
18less than that provided under the federal Uniform Relocation
19Assistance and Real Property Acquisition Policies Act of 1970
20and the regulations under that Act, including the eligibility
21criteria. Relocation assistance may include assistance with
22the moving of a residential unit to a new location. The
23Commission shall establish a single point of contact for all
24relocation assistance under this Section.
 

 

 

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

 

 

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1event of use for other than the purposes prescribed in this
2Act, or of nonuse for a period of one year, title to the
3property reverts to the Commission. All conveyances and leases
4made by the Commission to any corporation or person for the use
5of serving the residents or any person using the facilities
6offered within the District shall be on condition that in the
7event of violation of any of the restrictions as to the use of
8the property as the Commission shall have determined will carry
9out the purposes of this Act, that title to the property
10reverts to the Commission. If, however, the Commission finds
11that financing necessary for the acquisition or lease of any
12real estate or for the construction of any building or
13improvement to be used for purposes prescribed in this Act
14cannot be obtained if title to the land, building, or
15improvement is subject to such a reverter provision, the
16finding shall be made by the Commission after a public hearing
17held pursuant to a single publication notice given in a secular
18newspaper of general circulation in Cook County at least 10
19days before the date of the hearing, the notice to specify the
20time, place, and purpose for the hearing, and upon that finding
21being made, the Commission may cause the real property to be
22conveyed free of a reverter provision, provided that at least 7
23members of the Commission vote in favor thereof. The Commission
24may also provide in the conveyances, leases, or other
25documentation provisions for notice of such violations or
26default and the cure thereof for the benefit of any lender or

 

 

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1mortgagee as the Commission shall determine are appropriate.
2If, at a regularly scheduled meeting, the Commission resolves
3that a parcel of real estate leased by it, or in which it has
4sold the fee simple title or any lesser estate, is not being
5used for the purposes prescribed in this Act or has been in
6nonuse for a period of one year, the Commission may file a
7lawsuit in the circuit court of Cook County to enforce the
8terms of the sale 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 or
18assigns.
19    The Commission may not sell, convey, transfer, or lease any
20property pursuant to this Section before a comprehensive master
21plan has been approved under Section 60.
 
22    Section 40. Notice. Before holding any public hearing
23prescribed in Section 35 of this Act, or any meeting regarding
24the passage of any resolution to file a lawsuit, the Commission
25shall give notice to the grantee or lessee, or his or her legal

 

 

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1representatives, successors, or assigns, of the time and place
2of the proceeding. The notice shall be accompanied by a
3statement signed by the secretary of the Commission, or by any
4person authorized by the Commission to sign the same, setting
5forth any act or things done or omitted to be done in
6violation, or claimed to be in violation, of any restriction as
7to the use of the property, whether the restriction is
8prescribed in any of the terms of this Act or by any
9restriction as to the use of the property determined by the
10Commission under the terms of this Act. The notice of the time
11and place fixed for the proceeding shall also be given to any
12person or persons as the Commission shall deem necessary. The
13notice may be given by registered mail, addressed to the
14grantee, lessee, or legal representatives, successors, or
15assigns, at the last known address of the grantee, lessee, or
16legal representatives, successors, or assigns.
 
17    Section 45. Rules. The Commission may adopt reasonable and
18proper rules, in accordance with the Illinois Administrative
19Procedure Act, relative to the exercise of its powers, and
20proper rules to govern its proceedings, to regulate the mode
21and manner of all hearings held by it or at its direction, and
22to alter and amend those rules.
 
23    Section 50. Official documents. Copies of all official
24documents, findings, and orders of the Commission, certified by

 

 

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1a commissioner or by the secretary of the Commission to be true
2copies of the originals, under the official seal of the
3Commission, shall be evidence in like manner as the originals.
 
4    Section 55. Judicial review. Any party may obtain a
5judicial review of a final order or decision of the Commission
6in the circuit court of Cook County only under and in
7accordance with the provisions of the Administrative Review Law
8and the rules adopted under that Law. The circuit court shall
9take judicial notice of all the rules of practice and procedure
10of the Commission.
 
11    Section 60. Master plan; improvement and management of
12District. The Commission shall prepare and approve a
13comprehensive master plan for the orderly development and
14management of all property within the District. The master
15plan, and any amendment to the master plan, shall not take
16effect, however, until it has been approved by the Board of the
17Roseland Community Medical District. The Commission shall take
18the actions permitted to be taken by it under this Act as it
19may determine are appropriate to provide conditions most
20favorable for the special care and treatment of the sick and
21injured, for the study of disease, and for any other purpose
22set forth in Section 25 of this Act. In the master plan, the
23Commission may provide for shared services and facilities
24within the District for the accredited schools of medicine and

 

 

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1the licensed non-profit acute care hospitals within the
2District.
 
3    Section 65. Public hearing. The Commission shall conduct a
4public hearing prior to either acquiring through eminent domain
5under Section 20 of this Act real or personal property within
6the District or approving under Section 60 of this Act a
7comprehensive master plan. The Commission shall also conduct a
8public hearing whenever it is otherwise required by law to do
9so, and may conduct a public hearing whenever it may elect to
10do so.
11    The Commission shall conduct the public hearing called by
12it in accordance with the requirements of the law mandating it,
13if any, or in accordance with the provisions of this Section if
14either the law mandating it is silent as to the procedures for
15its holding or if the Commission elects to hold a public
16hearing in the absence of any law mandating it.
17    In the absence of any law, or of any procedures in any law,
18mandating the holding of a public hearing, the Commission may
19authorize a commissioner or other person of legal age to
20conduct a hearing. The commissioner or other authorized person
21has the power to: (i) administer oaths and affirmations, (ii)
22take the testimony of witnesses, (iii) take and receive the
23production of papers, books, records, accounts, and documents,
24(iv) receive pertinent evidence, and (v) certify the record of
25the hearing. The record of the hearing shall become part of the

 

 

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1Commission's record. Notice of the time, place, and purpose of
2the hearing shall be given by a single publication notice in a
3secular newspaper of general circulation within Cook County at
4least 10 days before the date of the hearing.
 
5    Section 70. Disposition of money; income fund. All money
6received by the Commission from the sale or lease of any
7property, in excess of the amount expended by the Commission
8for authorized purposes under this Act shall be paid into the
9State treasury for deposit into the Roseland Community Medical
10District Income Fund. The Commission is authorized to use all
11money received as rentals for the purposes of planning,
12acquisition, and development of property within the District,
13for the operation, maintenance, and improvement of property of
14the Commission, and for all purposes and powers set forth in
15this Act. All moneys held pursuant to this Section shall be
16maintained in a depository approved by the State Treasurer. The
17Auditor General shall, at least biennially, audit or cause to
18be audited all records and accounts of the Commission
19pertaining to the operation of the District.
 
20    Section 75. Attorney General. The Attorney General of the
21State of Illinois is the legal advisor to the Commission and
22shall prosecute or defend, as the case may be, all actions
23brought by or against the Commission.
 

 

 

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1    Section 90. The Eminent Domain Act is amended by adding
2Section 15-5-46 as follows:
 
3    (735 ILCS 30/15-5-46 new)
4    Sec. 15-5-46. Eminent domain powers in new Acts. The
5following provisions of law may include express grants of the
6power to acquire property by condemnation or eminent domain:
 
7        Roseland Community Medical District Act; medical
8    district; for general purposes.
 
9    Section 100. The State Finance Act is amended by adding
10Section 5.786 as follows:
 
11    (30 ILCS 105/5.786 new)
12    Sec. 5.786. The Roseland Community Medical District Income
13Fund.
 
14    Section 999. Effective date. This Act takes effect upon
15becoming law.