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Public Act 097-0825 |
SB3514 Enrolled | LRB097 15727 CEL 60871 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Medical District Act is amended by |
changing Sections 2, 4, 5, and 10 as follows:
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(70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
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Sec. 2. Illinois Medical District Commission.
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(a) There is hereby created a political subdivision, unit |
of local government, body politic and corporate under
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corporate name of Illinois Medical District Commission,
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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:
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(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;
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(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
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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
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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 .
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(b) The Commission shall have perpetual succession, power
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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
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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
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Commission shall consist of 7 members, 4 of whom shall be |
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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
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amendatory Act, the Governor shall appoint 4 members for terms
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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.
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The Commission shall hold regular meetings annually for the |
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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.
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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.
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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.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
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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 |
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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
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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
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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
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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
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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 |
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physical infirmity are wholly or partially deprived
of their |
powers of vision or hearing or of the use of such other part or
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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
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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
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or for computer
technology related to any of the purposes for |
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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
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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
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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
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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 |
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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
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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
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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
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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, |
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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
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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,
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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",
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pursuant to Sections 7-103 through 7-112 of the Code of Civil |
Procedure.
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(Source: P.A. 91-239, eff. 1-1-00.)
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(70 ILCS 915/5) (from Ch. 111 1/2, par. 5006)
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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
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revenue bonds in its corporate capacity to be payable from the
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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
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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 |
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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
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delivery. The Commission shall furnish the State Comptroller
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with a record of all bonds issued under this Act.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/10) (from Ch. 111 1/2, par. 5020)
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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 |
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Center Commission Income Fund all monies on hand at June 30 in
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excess of $350,000 without deduction or offset of any kind,
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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
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remitted in full to the State Treasury, without deduction or |
offset of
any kind, not later than October 10 of the same year.
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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.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/5b rep.)
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Section 10. The Illinois Medical District Act is amended by |
repealing Section 5b. |