SB0688ham001 103RD GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 4/27/2023

10300SB0688ham001 LRB103 03141 AWJ 61012 a

AMENDMENT TO SENATE BILL 688

AMENDMENT NO. ______. Amend Senate Bill 688 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Alexander/Pulaski Development and Medical Authority Act.

Section 5. Purpose. The purposes of this Act are:

(1) to facilitate and promote the redevelopment of vacant and underutilized commercial, industrial, and residential real property located throughout the City of Cairo and its surrounding areas, and to enhance the economic benefits generated by the former uses of the property with development that will attract new residences, senior and student housing, and commercial and industrial businesses, as well as to create new opportunities for economic development, sustainable initiatives, and affordable housing and employment for residents in the community; and

(2) 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. Definitions. As used in this Act:

"Authority" means the Alexander/Pulaski Development and Medical Authority created by this Act.

"Board" means the Board of Directors of the Authority.

"Costs" means: the cost of purchase and construction of all lands and related improvements, together with the equipment and other property, rights, easements, and franchises acquired that are deemed necessary for the construction; the costs of environmental and other property and project related suits, studies, and analyses and subsequent clean-up activities necessary to qualify the area as needing no further remediation or pipe replacement or new installation; financing and title insurance and deed recording charges, delinquent property taxes; trust or interest costs with respect to revenue bonds, notes, and other evidences of indebtedness of the Authority prior to and during construction and for a period of 60 months after construction; engineering and legal expenses; the costs of plans, tax deed acquisition, land bank creation and acquisition, or deacquisition or disposition of all real estate placed therein, credit enhancement vehicles, easements, specifications, surveys, and estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any project, together with such other expenses as may be reasonable or necessary or incident to the financing, insuring, acquisition, disposition, redevelopment, and construction of a specific project and the placing of the project in operation.

"Financial aid" means the expenditure of Authority funds or funds provided by the Authority through the issuance of its revenue bonds, notes, or other evidence of indebtedness, or grants from private or public entities for the development, construction, acquisition, or improvement of a project.

"Governmental agency" means any federal, State, or local governmental body and any agency or instrumentality of the federal, State, or local governmental body, corporate or otherwise.

"Lease agreement" means an agreement under which a project acquired by the Authority by purchase, gift, or lease, or other valuable consideration is leased to any person or governmental agency that will use or cause the project to be used as a project upon terms providing for lease rental payments at least sufficient to pay, when due, the lessee's pro rata share of all principal and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the Authority issued with respect to the project, providing for the maintenance, insurance, and operation of the project on terms satisfactory to the Authority, and providing for disposition of the project upon termination of the lease term, including purchase options or abandonment of the premises, with such other terms as may be deemed desirable by the Authority.

"Loan agreement" means any agreement by which the Authority agrees to loan the proceeds of its revenue bonds, notes, or other evidences of indebtedness issued with respect to a project to any person or governmental agency that will use or cause the project to be used as a project upon terms providing for loan repayment installments at least sufficient to pay, when due, the borrower's pro rata share of all principal of and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the Authority issued with respect to the project, providing for maintenance, insurance, and operation of the project on terms satisfactory to the Authority, and providing for other matters as may be deemed advisable by the Authority.

"Person" includes, without limitation, an individual, corporation, partnership, unincorporated association, and any other legal entity, including a trustee, receiver, assignee, or personal representative of the entity.

"Project" means an industrial, commercial, commercial mixed use, environmental justice, land conservancy, residential, or freight-oriented project or any combination thereof if all uses fall within one of those categories, including, but not limited to, one or more buildings and other structures, improvements, machinery, and equipment, whether on the same site or adjacent to any land or lakes, buildings, machinery, or equipment comprising an addition to or renovation, rehabilitation, or improvement of any existing capital project. "Project" includes all site improvements, signage, access roads, lighting, curb cuts, and new construction involving infrastructure, including, but not limited to, roads, traffic management lights and directional signage, sidewalks, sewers, landscaping, and all appurtenances and facilities incidental thereto, such as utilities, access roads, railroad sidings, truck docking, and similar facilities, parking facilities, or related equipment and other improvements necessary or convenient thereto, solid waste and wastewater treatment and disposal sites and other pollution control facilities, resource or waste reduction, recovery, treatment, and disposal facilities, open spaces, conservancies, preserves, streets, highways.

"Revenue bond" or "bond" means any bond issued by the Authority under the supervision of the Illinois Finance Authority, the principal and interest of which are payable solely from revenues or income derived from any project or activity of the Authority.

"Terminal" means a public place, station, or depot for receiving and delivering passengers, baggage, mail, freight, or express matter, and any combination thereof, in connection with the transportation of persons and property on land.

"Terminal facilities" means all land, buildings, structures, improvements, equipment, and appliances useful in the operation of public warehouse, storage, and transportation facilities and industrial, manufacturing, or commercial activities for the accommodation of or in connection with commerce by land.

Section 15. Creation of Authority; Board members; officers.

(a) The Alexander/Pulaski Development and Medical Authority is created as a political subdivision, body politic, and municipal corporation.

(b) The jurisdiction of the Authority is created within Alexander County and Pulaski County as follows:

(1) South boundary: the Mississippi River.

(2) East boundary: the Ohio River.

(3) North boundary: Modglin Road in Pulaski County in a line directly west to Illinois Route 127 and Modglin Road in a line directly east to the county line.

(4) West boundary: Interstate 57 from the Mississippi River to Illinois Route 3, and then Illinois Route 3 to Olive Branch Road, and then Illinois Route 127 to the north boundary line.

(c) The governing and administrative powers of the Authority shall be vested in its Board of Directors consisting of 12 appointed members and 3 ex officio members. Of the members appointed, 3 shall be appointed by the Governor, 3 shall be appointed by the Mayor of Cairo, 3 shall be appointed by the Alexander County Board Chairperson, and 3 shall be appointed by the Pulaski County Board Chairperson. All appointed members shall hold office for a 3-year term ending on December 31 until their successors are appointed and have qualified; except that, of the initial appointed members, the Governor, Mayor, and county chairpersons shall each appoint one appointee for a term ending December 31, 2025, shall each appoint one appointee for a term ending December 31, 2026, and shall each appoint one appointee for a term ending December 31, 2027. The Director of Commerce and Economic Opportunity or his or her designee, the Director of Public Health or his or her designee, and the Secretary of Human Services or his or her designee shall serve as ex officio members. All persons appointed as members of the Board shall have recognized ability and experience in one or more of the following areas: economic development; finance; banking; industrial development; business management; real estate; community development; organized labor; civic, community, or neighborhood organization; or medical center, medical research, or high-technology park organization or management.

Vacancies shall be filled for the remainder of the term by the Mayor, Alexander County Board Chairperson, Pulaski County Board Chairperson, or Governor depending upon which person or board made the appointment of the individual that left the Board. Each member appointed to the Board shall serve until his or her successor is appointed and accepted by majority vote of the members left after the vacancy occurs or the term expires and shall meet the professional background requirements under this subsection.

(d) The Authority shall hold regular meetings annually for the election of a Chairperson, Vice-Chairperson, Secretary, and Treasurer, for the adoption of a budget, and for any other business that may properly come before it. The Authority shall establish the duties and responsibilities of its officers by rule. The Chairperson or any 3 members of the Board may call special meetings of the Authority. Each member shall take an oath of office for the faithful performance of his or her duties. 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.

(e) The appointing authority may remove any member of the Board that the authority appointed in case of incompetency, neglect of duty, or malfeasance in office.

(f) Members of the Board shall serve without compensation for their services as members, but the Board may vote to compensate its members, and they also may be reimbursed for all necessary expenses incurred in connection with the performance of their duties as members.

(g) The Board may appoint an Executive Director, Associate Executive Director, General Counsel, Finance Director, and Chief Engineer who shall have a background and, when necessary, licensed credentials or certifications or academic degrees in administration, planning, real estate, economic development, finance, or law. The Executive Director shall hold office at the discretion of the Board, but a contract may be executed for a period of time of service as negotiated. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management, shall perform such other duties as may be prescribed from time to time by the Board, and shall receive compensation fixed by the Board. The Executive Director shall attend all meetings of the Board; however, no action of the Board or the Authority shall be invalid on account of the absence of the Executive Director from a meeting. The Board may engage the services of such other agents and employees, including planners, attorneys, appraisers, engineers, accountants, credit analysts, and other consultants, and may prescribe their duties and fix their compensation.

(h) The Board shall meet on the call of its Chairperson or upon written, telephonic, or email notice of 3 members of the Board.

(i) All official acts of the Authority shall require a quorum of 9 members and an affirmative vote of at least 7 of the members of the Board present and voting at a meeting of the Board.

(j) The Authority shall submit to the General Assembly, not later than March 1 of each even 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.

(k) Neither the Authority nor the District has any power to tax.

Section 20. Responsibilities of the Authority.

(a) It is the duty of the Authority to promote development within its territorial jurisdiction. The Authority shall use the powers conferred on it by this Act to assist in the planning, development, acquisition, construction, and marketing of residential, industrial, commercial, or freight-oriented projects within its territorial jurisdiction.

(b) The Authority may undertake joint planning for property within its territorial jurisdiction that identifies and addresses its development, transportation, transit, zoning, workforce, and environmental priorities and objectives.

(c) The Authority may assemble and prepare parcels for development.

(d) The Authority may oversee environmental studies and remediation necessary to identify and remove any hazards or toxins that impede development.

(e) The Authority may develop, construct, and improve, either under its own direction or through collaboration with any approved applicant, or to acquire through purchase or otherwise any project, using for that purpose the proceeds derived from its sale of revenue bonds, notes, or other evidence of indebtedness or governmental loans or grants, and to hold title in the name of the Authority to those projects.

(f) The Authority may market the Cairo development to prospective developers and businesses.

(g) The Authority shall make its best effort to annex parcels of unincorporated property that are subject to the jurisdiction of the Authority contiguous to the City of Cairo.

(h) The Authority shall maintain relations with local residents, industries, businesses, nonprofit organizations, elected and appointed officials, and other government and private entities as well as any other interested parties in the course of achieving its objectives and exercising its powers.

Section 25. Powers. The Authority possesses all powers of a body corporate necessary and convenient to accomplish the purpose of this Act, including, without limitation, the following:

(1) to enter into loans, contracts, agreements, and mortgages in any matter connected with any of its corporate purposes and to invest its funds;

(2) to sue and be sued;

(3) to employ agents and employees necessary to carry out its purposes;

(4) to have, use, and alter a common seal;

(5) to adopt all needful ordinances, resolutions, bylaws, rules, and regulations for the conduct of its business and affairs and for the management and use of the projects developed, constructed, acquired, and improved in furtherance of its purposes;

(6) to designate the fiscal year for the Authority;

(7) to accept and expend appropriations;

(8) to have and exercise all powers and be subject to all duties usually incident to boards of directors of corporations;

(9) to acquire, own, lease, sell, or otherwise dispose of interests in and to real property and improvements situated thereon and in personal property from any person, the State of Illinois, any municipal corporation, any unit of local government, the government of the United States, any agency or instrumentality of the United States, any body politic, or any county, whether the property is improved for the purposes of any prospective project or unimproved, useful, and necessary to fulfill the purposes of the Authority;

(10) to acquire title to any project with respect to which it exercises its authority;

(11) to engage in any activity or operation, including brownfield remediation, which is incidental to and in furtherance of efficient operation to accomplish the Authority's primary purpose and be reasonable and necessary for the efficient function of the authority;

(12) to acquire, own, construct, lease, operate, and maintain, within its corporate limits, terminals and terminal facilities and to fix and collect just, reasonable, and nondiscriminatory charges for the use of those facilities;

(13) to collect fees and charges in connection with its loans, commitments, and services;

(14) to use the charges and fees collected as authorized under paragraphs (12) and (13) to defray the reasonable expenses of the Authority and to pay the principal and interest of any revenue bonds issued by the Authority;

(15) to borrow money and issue revenue bonds, notes, or other evidences of indebtedness under the supervision of the Illinois Finance Authority, as set forth under Section 825-13.1 of the Illinois Finance Authority Act;

(16) to apply for and accept grants, loans, or appropriations from the federal government, the State of Illinois, including the Illinois Environmental Protection Agency, a state or federal agency or instrumentality, a unit of local government, or any other person or entity to be used for any of the purposes of the District;

(17) to accept donations, contributions, capital grants or gifts from individuals, associations, and private corporations in aid of any purposes of this Act and to enter into agreements in connection therewith;

(18) to enter into intergovernmental agreements with the State of Illinois, any other state or local government of another state, the Illinois Finance Authority, the United States government, any agency or instrumentality of the United States, any unit of local government located within the territory of the Authority, or any other unit of government to the extent allowed by Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act;

(19) to petition any federal, state, municipal, or local authority, and any unit of local government having jurisdiction in the premises for the adoption and execution of any physical improvement, change in method or system of handling freight, warehousing, docking, lightering, and transfer of freight which, in the opinion of the Authority, is designed to improve the handling of commerce in and through its territorial jurisdiction or improve terminal or transportation facilities therein;

(20) to enter into agreements with businesses, form public-private partnership entities and appropriate funds to such entities as needed to achieve the purpose of this Act;

(21) to share employees with other units of government, including agencies of the United States, agencies of the State of Illinois, and agencies or personnel of any unit of local government;

(22) to 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;

(23) to provide for the orderly creation, maintenance, development, and expansion of (i) health care facilities and other ancillary or related facilities that the Authority determines are established and operated (A) for any aspect of the carrying out of the Authority'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; and

(24) to make grants to neighborhood organizations within the District for the purpose of benefiting the District.

Section 30. Eminent domain; tax-exempt property.

(a) The Authority may acquire in its corporate name, under the provisions for the exercise of the right of eminent domain under the Eminent Domain Act, all real and personal property within the District, except for (i) property 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, (ii) real property that is used for offices or for recreational purposes in connection with the institutions listed in (i), or (iii) any improved residential property within a historical district properly designated under a federal statute or a State or local statute that has been certified by the Secretary of the Interior of the United States to the Secretary of the Treasury of the United States as containing criteria that will substantially achieve the purpose of preserving and rehabilitating buildings of historical significance to the District.

The Authority has no quick-take powers, no zoning powers, and no power to establish or enforce building codes. The Authority may not acquire any property pursuant to this Section before a comprehensive master plan has been approved under Section 95.

(b) Property owned by and exclusively used by the Authority is exempt from taxation.

Section 35. Limitations. If any of the Authority's powers are exercised within the jurisdictional limits of any municipality, then all of the ordinances of that municipality remain in full force and effect and are controlling.

The Authority shall not issue any revenue bonds relating to the financing of a project located within the planning and subdivision control jurisdiction of any municipality or county unless: (1) notice, including a description of the proposed project and the financing therefor, is submitted to the corporate authorities of the municipality or, in the case of a proposed project in an unincorporated area, to the county board; and (2) the corporate authorities do not or, in the case of an unincorporated area, the county board does not, adopt a resolution disapproving the project within 45 days after receipt of the notice.

Section 40. Revenue Bonds.

(a) The Authority has the continuing power to issue revenue bonds, notes, or other evidences of indebtedness in an aggregate amount not to exceed $200,000,000 for the purpose of developing, constructing, acquiring, or improving projects, including those established by business entities locating or expanding property within the territorial jurisdiction of the Authority, for entering into venture capital agreements with businesses locating or expanding within the territorial jurisdiction of the Authority, for acquiring and improving any property necessary and useful in connection therewith. The bonds must be issued under the supervision of the Illinois Finance Authority, as set forth under Section 825-13.1 of the Illinois Finance Authority Act. For the purpose of evidencing the obligations of the Authority to repay any money borrowed, the Authority may, pursuant to resolution, from time to time issue and dispose of its interest bearing revenue bonds, notes, or other evidences of indebtedness and may also from time to time issue and dispose of such bonds, notes, or other evidences of indebtedness to refund, at maturity, at a redemption date, or in advance of either, any revenue bonds, notes, or other evidences of indebtedness pursuant to redemption provisions or at any time before maturity. All such revenue bonds, notes, or other evidence of indebtedness shall be payable solely from the revenues or income to be derived from loans made with respect to projects, from the leasing or sale of the projects, or from any other funds available to the Authority for such purposes, including, when provided by ordinance of the Authority, authorizing the issuance of revenue bonds or notes. The revenue bonds, notes, or other evidences of indebtedness may bear such date or dates, may mature at such time or times not exceeding 40 years from their respective dates, may bear interest at such rate or rates not exceeding the maximum rate permitted by the Bond Authorization Act, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be provided by an applicable resolution.

(b) The holder or holders of any revenue bonds, notes, or other evidences of indebtedness issued by the Authority may bring suits at law or proceedings in equity to compel the performance and observance by any corporation or person or by the Authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other evidences of indebtedness, to compel such corporation, person, the Authority, and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other evidences of indebtedness by the provision of the resolution authorizing their issuance and to enjoin such corporation, person, the Authority, and any of its agents or employees from taking any action in conflict with any such contract or covenant.

(c) If the Authority fails to pay the principal of or interest on any of the revenue bonds or premium, if any, as the same become due, a civil action to compel payment may be instituted in the appropriate circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the Chairperson of the Board shall constitute sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the Authority and its officers named as defendants for the purpose of compelling such payment. Any case, controversy, or cause of action concerning the validity of this Act relates to the revenue of the State of Illinois.

(d) Notwithstanding the form and tenor of any such revenue bonds, notes, or other evidences of indebtedness and in the absence of any express recital on the face of any such revenue bond, note, or other evidence of indebtedness that it is nonnegotiable, all such revenue bonds, notes, and other evidences of indebtedness shall be negotiable instruments. Pending the preparation and execution of any such revenue bonds, notes, or other evidences of indebtedness, temporary revenue bonds, notes, or evidences of indebtedness may be issued as provided by ordinance.

(e) To secure the payment of any or all of such revenue bonds, notes, or other evidences of indebtedness, the revenues to be received by the Authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the Authority in connection with the issuance thereof and the issuance of any additional revenue bonds, notes, or other evidences of indebtedness payable from such revenues, income, or other funds to be derived from projects, the Authority may execute and deliver a mortgage or trust agreement. A remedy for any breach or default of the terms of any such mortgage or trust agreement by the Authority may be by mandamus proceedings in the appropriate circuit court to compel the performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

(f) The revenue bonds or notes shall be secured as provided in the authorizing ordinance which may, notwithstanding any other provision of this Act, include in addition to any other security a specific pledge or assignment of and lien on or security interest in any or all revenues or money of the Authority from whatever source which may by law be used for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by ordinance of the Authority authorizing the issuance of such revenue bonds or notes.

(g) The State of Illinois pledges to and agrees with the holders of the revenue bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The Authority is authorized to include these pledges and agreements of the State in any contract with the holders of revenue bonds or notes issued pursuant to this Section.

(h) Under no circumstances shall any bonds issued by the Authority or any other obligation of the Authority be or become an indebtedness or obligation of the State of Illinois or of any other political subdivision of or municipality within the State, nor shall any such bond or obligation be or become an indebtedness of the Authority within the purview of any constitutional limitation or provision, and it shall be plainly stated on the face of each bond that it does not constitute such an indebtedness or obligation but is payable solely from the revenues or income as aforesaid.

(i) For the purpose of financing a project pursuant to this Act, the Authority shall be authorized to apply for an allocation of tax-exempt bond financing authorization provided by Section 11143 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, as well as financing available under any other federal law or program.

Section 45. Designation of depository. The Authority shall biennially designate a national or State bank or banks as depositories of its money. Those depositories shall be designated only within the State and upon condition that bonds approved as to form and surety by the Authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the Authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. When any of the funds of the Authority shall be deposited by the treasurer in any such depository, the treasurer and the sureties on his official bond shall, to that extent, be exempt from liability for the loss of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the Authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds of any city.

Section 50. Reports; Inspector General. The Authority shall, annually, submit a report of its finances to the Auditor General. The Authority shall annually submit a report of its activities to the Governor and to the General Assembly. The Authority may also create an office of the Inspector General to provide oversight and compliance with any of its regulatory policies.

Section 55. Dissolution of the Authority. The Authority is dissolved upon the last to occur of the following: (1) the expiration of the 15-year period that begins on the effective date of this Act; or (2) one year after the date that all revenue bonds, notes, and other evidence of indebtedness of the Authority have been fully paid and discharged or otherwise provided for. Upon the dissolution of the Authority, all of its rights and property shall pass to and be vested in the State of Illinois.

Section 60. Medical construction and improvements.

(a) The Authority may, within the District and in its corporate capacity, construct or make improvements to, or cause to be constructed or improved, a hospital, sanitarium, clinic, laboratory, or any other institution, building, structure, or ancillary or related facility that the Authority determines should be established and operated for any one or more of the following purposes:

(1) carrying out of any aspect of the Authority's purposes and powers as set forth in paragraph (2) of Section 5 and paragraphs (22) and (23) of Section 25;

(2) studying, diagnosing, and treating human ailments and injuries, whether physical or mental, or promoting medical, surgical, and scientific research and knowledge;

(3) supporting and nurturing facilities and uses permitted by this Act;

(4) providing a nursing facility, extended care facility, or other facilities that the Authority finds useful in the study of, research in, or treatment of illnesses or infirmities specific to the elderly;

(5) providing institutions that engage in the training, education, or rehabilitation of persons with a disability, as that term is defined in Section 10 of the Disabilities Services Act of 2003;

(6) providing office buildings for physicians or dealers in medical accessories;

(7) providing 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;

(8) rehabilitating or establishing 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 of the United States to the Secretary of the Treasury of the United States as containing criteria that will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the District, or any other areas of the District as the Authority may designate;

(9) facilitating research, development, and production, in any of the fields of medicine, chemistry, pharmaceuticals, or physics, of genetically engineered products;

(10) providing biotechnology, information technology, medical technology, or environmental technology; and

(11) researching and developing engineering or computer technology related to the medical field.

The Authority may construct or improve, or cause to be constructed or improved, these institutions, buildings, structures, or ancillary or related facilities after a public hearing is held by any Board member or other person authorized by the Authority to conduct the hearing.

(b) The Illinois Procurement Code applies to any construction or improvements undertaken pursuant to this Section, and the Authority shall conduct all procurements in a manner that is consistent with that Code. Construction or improvement may not be undertaken pursuant to this Section before a comprehensive master plan has been approved by the Authority under Section 95.

Section 65. Relocation assistance. The Authority may provide relocation assistance to persons and entities displaced by the Authority's acquisition of property and improvement of the District. Relocation assistance shall not be less than would be provided by the federal government to a displaced person under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations promulgated under that Act. Relocation assistance may include assistance with the moving of a residential unit to a new location. The Authority shall identify an individual to serve as a single point of contact for information about relocation assistance provided under this Section.

As used in this Section, "displaced person" has the meaning ascribed to that term in 42 U.S.C. 4601.

Section 70. Disposition of property.

(a) The Authority may sell, convey, 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 this Act, for the purpose of serving persons using the facilities offered within the District, or for carrying out of any aspect of the Authority's purposes under this Act, subject to the restrictions on the use of the real property as the Authority determines will carry out the purpose of this Act. To ensure that real property sold, conveyed, or leased under this subsection is used in accordance with this Act, the Authority shall inquire into and satisfy itself concerning the financial ability of the purchaser, conveyee, or lessee to complete the project for which the real property is sold, conveyed, or leased in accordance with a written plan to be submitted by the purchaser, conveyee, or lessee to the Authority. Under the plan, the purchaser, conveyee, or lessee shall promise (i) to use the land for the purposes designated in the presented plan, (ii) to commence and complete the construction of the buildings or other structures to be included in the project within the periods of time that the Authority determines, and (iii) to comply with any other conditions that the Authority determines are necessary to carry out the project.

All sales, conveyances, and leases authorized in this subsection shall be made on the condition that, if used other than for the purposes prescribed in this Act, or unused for a period of at least one year, title to the property reverts to the Authority. All sales, conveyances, and leases made by the Authority to any person for use by residents or any other person shall be on the condition that if the resident or other person violates any of the restrictions as to the use of the property as the Authority has determined will carry out the purposes of this Act, then title to the property reverts to the Authority. If, however, the Authority 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, building, or improvement is subject to such a reverter provision, the finding shall be made by the Authority after a public hearing is held. Upon the finding being made, the Authority may cause the real property to be conveyed free of a reverter provision if at least 9 Board members vote in favor of the sale, conveyance, or lease without the reverter provision. The Authority may also include, in the sales agreement, conveyance, lease agreement, or other documentation, provisions for notice of the violations or default and how to cure violations or default for the benefit of any lender or mortgagee as the Authority may determine is appropriate.

If, at a regularly scheduled meeting, the Authority resolves that a parcel of real estate conveyed or 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 unused for a period of at least one year, the Authority may file a lawsuit in the circuit court of either Alexander or Pulaski counties to enforce the terms of the sale, conveyance, 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 Authority 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.

(b) If, at a regularly scheduled meeting, the Authority resolves that a parcel of real estate that is owned by the Authority is no longer needed for District purposes, the Authority may authorize the sale or public auction of the parcel. The resolution shall direct the sale to be conducted by (i) the staff of the Authority, (ii) listing with local licensed real estate agencies, in which case the terms of the agent's compensation shall be included in the resolution, (iii) or public auction. The resolution shall be published at the first opportunity following its passage in a newspaper published in the District or, if none, then in a newspaper published in the county where the District is located. The resolution shall also contain pertinent information concerning the size, use, and zoning of the parcel and the terms of sale.

(c) The Authority may not sell, convey, or lease any property pursuant to this Section before a comprehensive master plan has been approved under Section 95.

Section 75. Notice. Before holding a public hearing required under Section 100 or a meeting regarding the passage of a resolution to file a lawsuit, the Authority 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 Authority, or by any person authorized by the Authority to sign the statement, setting forth any act or things done or omitted to be done in violation, or claimed to be in violation, of any restriction on the use of the property, whether the restriction is prescribed in any of the terms of this Act or by any restriction on the use of the property determined by the Authority under the terms of this Act. The notice of the time and place fixed for the proceeding shall also be given to any person as the Authority deems 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 80. Rules. The Authority may adopt rules, pursuant to the Illinois Administrative Procedure Act, regarding the exercise of its powers, governing its proceedings, and regulating all hearings held by it or at its direction, and it may also amend those rules.

Section 85. Official documents. Copies of all official documents, findings, and orders of the Authority, certified by a Board member or by the secretary of the Authority to be true copies of the originals, under the official seal of the Authority, shall be evidence as if those copies were the originals.

Section 90. Judicial review. A party may obtain a judicial review of a final order or decision of the Authority in the circuit court of either Alexander or Pulaski counties only 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 Authority.

Section 95. Master plan; improvement and management of the District. The Authority shall prepare and approve a comprehensive master plan for the purposes described in paragraph (2) of Section 5 and paragraphs (22) and (23) of Section 25 for the orderly development and management of all property within the District relating to those purposes. The master plan, and any amendment to the master plan, shall not take effect, however, until it has been approved by the Authority. The Authority 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, for the study of disease, and for any other purpose set forth in this Act. In the master plan, the Authority may provide for shared services and facilities within the District for the accredited schools of medicine and the licensed nonprofit acute care hospitals within the District.

Section 100. Public hearings. The Authority shall conduct a public hearing before taking any of the actions described in Section 60, making specified reverter-related findings under Section 70, or approving a comprehensive master plan under Section 95. The Authority 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. If there is no law governing a specific type of public hearing, the Authority shall conduct that public hearing pursuant to the Open Meetings Act and this Section.

The Authority may authorize a Board member or other person of legal age to conduct a hearing not otherwise required by law. The Board member or other authorized person may (i) administer oaths and affirmations, (ii) take the testimony of witnesses, (iii) take and receive the production of papers, books, records, accounts, and documents, (iv) receive pertinent evidence, and (v) certify the record of the hearing. The record of the hearing shall become part of the Authority's record. Notice of the time, place, and purpose of the hearing shall be given by a single publication notice in a secular newspaper or newspapers of general circulation within Alexander and Pulaski counties at least 10 days before the date of the hearing.

Section 105. Disposition of money; income fund; rental moneys; audits.

(a) Money received by the Authority from the sale, conveyance, or lease of any property, in excess of the amount expended by the Authority for authorized purposes under this Act, shall be deposited into the Alexander/Pulaski Development and Medical District Income Fund, a special fund that is created in the State treasury, and may be expended as provided in this Section and this Act.

(b) The Authority may use all money deposited into the Alexander/Pulaski Development and Medical District Income Fund from rentals for the purposes of planning, acquisition, and development of property within the District, for the operation, maintenance, and improvement of property of the Authority, and for all purposes and powers set forth in this Act.

(c) The Auditor General shall conduct audits of the Authority in the same manner as the Auditor General conducts audits of State agencies under the Illinois State Auditing Act. The Auditor General shall, at least biennially, audit or cause to be audited all records and accounts of the Authority pertaining to the operation of the District.

Section 110. Attorney General. The Attorney General is the legal advisor to the Authority and shall prosecute or defend, as the case may be, all actions brought by or against the Authority.

Section 900. The Illinois Finance Authority Act is amended by adding Section 825-13.1 as follows

(20 ILCS 3501/825-13.1 new)

Sec. 825-13.1. Supervision of the Alexander/Pulaski Development and Medical Authority bond issuances.

(a) All bond issuances of the Alexander/Pulaski Development and Medical Authority are subject to supervision, management, control, and approval of the Illinois Finance Authority.

(b) All bonds issued by the Alexander/Pulaski Development and Medical Authority under the supervision of the Illinois Finance Authority are subject to the terms and conditions that are set forth in the Alexander/Pulaski Development and Medical Authority Act.

(c) The bonds issued by the Alexander/Pulaski Development and Medical Authority under the supervision of the Illinois Finance Authority are not debts of the Illinois Finance Authority or of the State.

Section 905. The Illinois State Auditing Act is amended by changing Section 3-1 as follows:

(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)

Sec. 3-1. Jurisdiction of Auditor General. The Auditor General has jurisdiction over all State agencies to make post audits and investigations authorized by or under this Act or the Constitution.

The Auditor General has jurisdiction over local government agencies and private agencies only:

(a) to make such post audits authorized by or under this Act as are necessary and incidental to a post audit of a State agency or of a program administered by a State agency involving public funds of the State, but this jurisdiction does not include any authority to review local governmental agencies in the obligation, receipt, expenditure or use of public funds of the State that are granted without limitation or condition imposed by law, other than the general limitation that such funds be used for public purposes;

(b) to make investigations authorized by or under this Act or the Constitution; and

(c) to make audits of the records of local government agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act.

In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof.

The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit.

In addition to the foregoing, the Auditor General must also conduct a financial audit of the Illinois Sports Facilities Authority's expenditures of public funds in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of any existing "facility", as that term is defined in the Illinois Sports Facilities Authority Act.

The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Healthcare and Family Services (formerly Department of Public Aid), Medical Assistance Program.

The Auditor General is authorized to conduct financial and compliance audits of the Illinois Distance Learning Foundation and the Illinois Conservation Foundation.

As soon as practical after the effective date of this amendatory Act of 1995, the Auditor General shall conduct a compliance and management audit of the City of Chicago and any other entity with regard to the operation of Chicago O'Hare International Airport, Chicago Midway Airport and Merrill C. Meigs Field. The audit shall include, but not be limited to, an examination of revenues, expenses, and transfers of funds; purchasing and contracting policies and practices; staffing levels; and hiring practices and procedures. When completed, the audit required by this paragraph shall be distributed in accordance with Section 3-14.

The Auditor General shall conduct a financial and compliance and program audit of distributions from the Municipal Economic Development Fund during the immediately preceding calendar year pursuant to Section 8-403.1 of the Public Utilities Act at no cost to the city, village, or incorporated town that received the distributions.

The Auditor General must conduct an audit of the Health Facilities and Services Review Board pursuant to Section 19.5 of the Illinois Health Facilities Planning Act.

The Auditor General of the State of Illinois shall annually conduct or cause to be conducted a financial and compliance audit of the books and records of any county water commission organized pursuant to the Water Commission Act of 1985 and shall file a copy of the report of that audit with the Governor and the Legislative Audit Commission. The filed audit shall be open to the public for inspection. The cost of the audit shall be charged to the county water commission in accordance with Section 6z-27 of the State Finance Act. The county water commission shall make available to the Auditor General its books and records and any other documentation, whether in the possession of its trustees or other parties, necessary to conduct the audit required. These audit requirements apply only through July 1, 2007.

The Auditor General must conduct audits of the Rend Lake Conservancy District as provided in Section 25.5 of the River Conservancy Districts Act.

The Auditor General must conduct financial audits of the Southeastern Illinois Economic Development Authority as provided in Section 70 of the Southeastern Illinois Economic Development Authority Act.

The Auditor General shall conduct a compliance audit in accordance with subsections (d) and (f) of Section 30 of the Innovation Development and Economy Act.

The Auditor General must conduct audits as provided in the Alexander/Pulaski Development and Medical Authority Act.

(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; 96-939, eff. 6-24-10.)

Section 910. The Court of Claims Act is amended by changing Sections 8, 22-1, and 22-2 as follows:

(705 ILCS 505/8) (from Ch. 37, par. 439.8)

Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive jurisdiction to hear and determine the following matters:

(a) All claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency; provided, however, the court shall not have jurisdiction (i) to hear or determine claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation, or (ii) to review administrative decisions for which a statute provides that review shall be in the circuit or appellate court.

(b) All claims against the State founded upon any contract entered into with the State of Illinois.

(c) All claims against the State for time unjustly served in prisons of this State when the person imprisoned received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure; provided, the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150; and provided further, the court shall fix attorney's fees not to exceed 25% of the award granted. On or after the effective date of this amendatory Act of the 95th General Assembly, the court shall annually adjust the maximum awards authorized by this subsection (c) to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. For the annual adjustments, if the Consumer Price Index decreases during a calendar year, there shall be no adjustment for that calendar year. The transmission by the Prisoner Review Board or the clerk of the circuit court of the information described in Section 11(b) to the clerk of the Court of Claims is conclusive evidence of the validity of the claim. The changes made by this amendatory Act of the 95th General Assembly apply to all claims pending on or filed on or after the effective date.

(d) All claims against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Illinois Medical District Center Commission, the Mid-Illinois Medical District Commission, the Mid-America Medical District Commission, the Roseland Community Medical District Commission, the Alexander/Pulaski Development and Medical District Authority, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy; provided, that an award for damages in a case sounding in tort, other than certain cases involving the operation of a State vehicle described in this paragraph, shall not exceed the sum of $2,000,000 to or for the benefit of any claimant. The $2,000,000 limit prescribed by this Section does not apply to an award of damages in any case sounding in tort arising out of the operation by a State employee of a vehicle owned, leased or controlled by the State. The defense that the State, or the Illinois Medical District Center Commission, the Mid-Illinois Medical District Commission, the Mid-America Medical District Commission, the Roseland Community Medical District Commission, the Alexander/Pulaski Development and Medical District Authority, or the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy is not liable for the negligence of its officers, agents, and employees in the course of their employment is not applicable to the hearing and determination of such claims. The changes to this Section made by this amendatory Act of the 100th General Assembly apply only to claims filed on or after July 1, 2015.

The court shall annually adjust the maximum awards authorized by this subsection to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller shall make the new amount resulting from each annual adjustment available to the public via the Comptroller's official website by January 31 of every year.

(e) All claims for recoupment made by the State of Illinois against any claimant.

(f) All claims pursuant to the Line of Duty Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(g) All claims filed pursuant to the Crime Victims Compensation Act.

(h) All claims pursuant to the Illinois National Guardsman's Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(i) All claims authorized by subsection (a) of Section 10-55 of the Illinois Administrative Procedure Act for the expenses incurred by a party in a contested case on the administrative level.

(Source: P.A. 100-1124, eff. 11-27-18.)

(705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)

Sec. 22-1. Within 1 year from the date that such an injury was received or such a cause of action accrued, any person who is about to commence any action in the Court of Claims against the State of Illinois, the Illinois Medical District Center Commission, the Mid-Illinois Medical District Commission, the Mid-America Medical District Commission, the Roseland Community Medical District Commission, the Alexander/Pulaski Development and Medical District Authority, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy, for damages on account of any injury to his person shall file in the office of the Attorney General and also in the office of the Clerk of the Court of Claims, either by himself, his agent, or attorney, giving the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred, a brief description of how the accident occurred, and the name and address of the attending physician, if any, except as otherwise provided by the Crime Victims Compensation Act.

In actions for death by wrongful act, neglect or default, the executor of the estate, or in the event there is no will, the administrator or other personal representative of the decedent, shall file within 1 year of the date of death or the date that the executor or administrator is qualified, whichever occurs later, in the office of the Attorney General and also in the office of the Clerk of the Court of Claims, giving the name of the person to whom the cause of action has accrued, the name and last residence of the decedent, the date of the accident causing death, the date of the decedent's demise, the place or location where the accident causing the death occurred, the date and about the hour of the accident, a brief description of how the accident occurred, and the names and addresses of the attending physician and treating hospital if any, except as otherwise provided by the Crime Victims Compensation Act.

A claimant is not required to file the notice required by this Section if he or she files his or her claim within one year of its accrual.

(Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)

(705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)

Sec. 22-2. If the notice provided for by Section 22-1 is not filed as provided in that Section, any such action commenced against the State of Illinois, the Illinois Medical District Center Commission, the Mid-Illinois Medical District Commission, the Mid-America Medical District Commission, the Roseland Community Medical District Commission, the Alexander/Pulaski Development and Medical District Authority, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy, shall be dismissed and the person to whom any such cause of action accrued for any personal injury shall be forever barred from further action in the Court of Claims for such personal injury, except as otherwise provided by the Crime Victims Compensation Act.

(Source: P.A. 89-4, eff. 1-1-96.)

Section 915. The Eminent Domain Act is amended by changing Section 15-5-49 as follows:

(735 ILCS 30/15-5-49 new)

Sec. 15-5-49. Eminent domain powers in new Acts. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: Alexander/Pulaski Development and Medical District Act; medical district; for general purposes.

Section 920. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Alexander/Pulaski Development and Medical District Income Fund.

Section 999. Effective date. This Act takes effect upon becoming law.".