Rep. Michael J. Zalewski
Filed: 5/23/2012
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 3514
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Medical District Act is amended by | ||||||
5 | changing Sections 2, 4, 5, and 10 as follows:
| ||||||
6 | (70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
| ||||||
7 | Sec. 2. Illinois Medical District Commission.
| ||||||
8 | (a) There is hereby created a political subdivision, unit | ||||||
9 | of local government, body politic and corporate under
the | ||||||
10 | corporate name of Illinois Medical District Commission,
| ||||||
11 | hereinafter called the
Commission, whose general purpose in | ||||||
12 | addition to and not in limitation of
those purposes and powers | ||||||
13 | set forth in other Sections of this Act shall be to:
| ||||||
14 | (1) maintain the proper surroundings for a medical | ||||||
15 | center and a related
technology center in order to attract, | ||||||
16 | stabilize, and retain therein
hospitals, clinics, research |
| |||||||
| |||||||
1 | facilities, educational facilities, or other
facilities | ||||||
2 | permitted under this Act;
| ||||||
3 | (2) provide for the orderly creation and expansion of | ||||||
4 | (i) various
county, and local governmental facilities as | ||||||
5 | permitted under this Act,
including, but not limited to, | ||||||
6 | juvenile detention facilities, (ii)
other ancillary or | ||||||
7 | related facilities which the Commission may from time to
| ||||||
8 | time determine are established and operated for any aspect | ||||||
9 | of the carrying
out of the Commission's purposes as set | ||||||
10 | forth in this Act, or are
established and operated for the | ||||||
11 | study, diagnosis, and treatment of human
ailments and | ||||||
12 | injuries, whether physical or mental, or to promote | ||||||
13 | medical,
surgical, and scientific research and knowledge | ||||||
14 | as permitted under this Act,
and (iii) medical research and | ||||||
15 | high technology parks, together with the
necessary lands, | ||||||
16 | buildings, facilities, equipment, and personal property
| ||||||
17 | therefore , and (iv) other facility development to generate | ||||||
18 | and maintain revenue streams sufficient to fund the | ||||||
19 | operations of the Commission and for the District, and to | ||||||
20 | provide for any cash reserves as the Commission shall deem | ||||||
21 | prudent .
| ||||||
22 | (b) The Commission shall have perpetual succession, power
| ||||||
23 | to contract and be contracted with, to sue and be sued in its | ||||||
24 | corporate name, but judgment shall not in any case be issued | ||||||
25 | against any property of the Commission except in actions
| ||||||
26 | sounding in tort, to plead and be impleaded , to have and use a |
| |||||||
| |||||||
1 | common
seal, and to alter the same at pleasure. All actions | ||||||
2 | sounding in tort
against the Commission shall be prosecuted in | ||||||
3 | the Court of Claims. The
principal office of the Commission | ||||||
4 | shall be in the city of Chicago, and
the Commission may | ||||||
5 | establish such other offices within the state of
Illinois at | ||||||
6 | such places as to the Commission shall seem advisable. Such
| ||||||
7 | Commission shall consist of 7 members, 4 of whom shall be | ||||||
8 | appointed by the
Governor, 2 by the Mayor of Chicago, and one | ||||||
9 | by the President of the County
Board of Cook County. All | ||||||
10 | members shall hold office for a term of 5 years
and until their | ||||||
11 | successors are appointed as provided in this
Act; provided, | ||||||
12 | that as soon as possible after the effective date of this
| ||||||
13 | amendatory Act, the Governor shall appoint 4 members for terms
| ||||||
14 | expiring, respectively, on June 30, 1952, 1953, 1954 and 1955. | ||||||
15 | The terms
of all members heretofore appointed by the Governor | ||||||
16 | shall expire upon
the commencement of the terms of the members | ||||||
17 | appointed pursuant to this
amendatory Act. Any vacancy in the | ||||||
18 | membership of the Commission
occurring by reason of the death, | ||||||
19 | resignation, disqualification, removal
or inability or refusal | ||||||
20 | to act of any of the members of the Commission
shall be filled | ||||||
21 | by the person who had appointed the particular member,
and for | ||||||
22 | the unexpired term of office of that particular member. A | ||||||
23 | vacancy
caused by the expiration of the period for which the | ||||||
24 | member was appointed
shall be filled by a new appointment for a | ||||||
25 | term of 5 years from the date of
such expiration of the prior 5 | ||||||
26 | year term notwithstanding when such
appointment is actually |
| |||||||
| |||||||
1 | made. The Commission shall obtain , pursuant to the
provisions | ||||||
2 | of the Personnel Code, such personnel as to the Commission | ||||||
3 | shall
seem advisable to carry out the purposes of this Act and | ||||||
4 | the work of the
Commission. The Commission may appoint a | ||||||
5 | General Attorney and define the
duties of that General | ||||||
6 | Attorney.
| ||||||
7 | The Commission shall hold regular meetings annually for the | ||||||
8 | election
of a president, vice-president, secretary, and | ||||||
9 | treasurer and for the
adoption of a budget. Special meetings | ||||||
10 | may be called by the President or
by any 2 members. Each member | ||||||
11 | shall take an oath of office for the
faithful performance of | ||||||
12 | his duties. Four members of the Commission shall
constitute a | ||||||
13 | quorum for the transaction of business.
| ||||||
14 | The Commission shall submit, to the General Assembly not | ||||||
15 | later than
March 1 of each odd-numbered year, a detailed report | ||||||
16 | covering its
operations for the 2 preceding calendar years and | ||||||
17 | a statement of its
program for the next 2 years.
| ||||||
18 | The requirement for reporting to the General Assembly shall | ||||||
19 | be satisfied
by filing copies of the report with the Speaker, | ||||||
20 | the Minority Leader and
the Clerk of the House of | ||||||
21 | Representatives and the President, the Minority
Leader and the | ||||||
22 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
23 | required by Section 3.1 of the General Assembly Organization | ||||||
24 | Act,
and filing such additional copies with the State | ||||||
25 | Government Report
Distribution Center for the General Assembly | ||||||
26 | as is required under paragraph
(t) of Section 7 of the State |
| |||||||
| |||||||
1 | Library Act.
| ||||||
2 | (Source: P.A. 89-356, eff. 8-17-95.)
| ||||||
3 | (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
| ||||||
4 | Sec. 4.
The Commission may, in its corporate capacity, | ||||||
5 | construct or cause
or permit to be constructed in such | ||||||
6 | District, hospitals, sanitariums,
clinics, laboratories, or | ||||||
7 | any other institution, building or structure or
other ancillary | ||||||
8 | or related facilities which the Commission may, from time
to | ||||||
9 | time, determine are established and operated for the carrying | ||||||
10 | out of any
aspect of the Commission's purpose as set forth in | ||||||
11 | this Act, or are
established and operated for the study, | ||||||
12 | diagnosis, and treatment of human
ailments and injuries, | ||||||
13 | whether physical or mental, or to promote medical,
surgical, | ||||||
14 | and scientific research and knowledge, or for any uses the
| ||||||
15 | Commission shall determine will support and nurture | ||||||
16 | facilities, and uses
permitted by this Act, or for such | ||||||
17 | nursing, extended care, or other
facilities as the Commission
| ||||||
18 | shall find useful in the study of, research in, or treatment of | ||||||
19 | illnesses
or infirmities peculiar to aged people, after a | ||||||
20 | public hearing to be held
by any Commissioner or other person | ||||||
21 | authorized by the Commission to conduct
the same, which | ||||||
22 | Commissioner or other person shall have the power to
administer | ||||||
23 | oaths and affirmations and take the testimony of witnesses and
| ||||||
24 | receive such documentary evidence as shall be pertinent, the | ||||||
25 | record of
which hearing he shall certify to the Commission, |
| |||||||
| |||||||
1 | which record shall become
part of the records of the | ||||||
2 | Commission, notice of the time, place, and
purpose of such | ||||||
3 | hearings to be given by a single publication notice in a
| ||||||
4 | secular newspaper of general circulation in the city of Chicago | ||||||
5 | at least
ten days prior to the date of such hearing, or for | ||||||
6 | such institutions as
shall engage in the training, education, | ||||||
7 | or rehabilitation of persons who
by reason of illness or | ||||||
8 | physical infirmity are wholly or partially deprived
of their | ||||||
9 | powers of vision or hearing or of the use of such other part or
| ||||||
10 | parts of their bodies as prevent them from pursuing normal | ||||||
11 | activities of
life, or office buildings for physicians or | ||||||
12 | dealers in medical accessories,
or dormitories, homes or | ||||||
13 | residences for the medical profession, including
interns, | ||||||
14 | nurses, students or other officers or employees of the
| ||||||
15 | institutions within the District, or for the use of relatives | ||||||
16 | of patients
in the hospitals or other institutions within the | ||||||
17 | District, or for the
rehabilitation or establishment of | ||||||
18 | residential structures within
a currently effective historic | ||||||
19 | district properly designated under a federal
statute or a State | ||||||
20 | or local statute that has been certified by the Secretary
of | ||||||
21 | the Interior to the Secretary of the Treasury as containing | ||||||
22 | criteria
which will substantially achieve the purpose of | ||||||
23 | preserving
and rehabilitating buildings of historic | ||||||
24 | significance to the district, or
in the area of such District | ||||||
25 | located west of South Damen Avenue and north
of West Polk | ||||||
26 | Street, commonly known as the Chicago Technology Park or
such |
| |||||||
| |||||||
1 | other areas of the District as the Commission shall designate, | ||||||
2 | for
research, development and resultant production, in any of | ||||||
3 | the fields of
medicine, chemistry, pharmaceuticals, physics | ||||||
4 | and genetically engineered
products, for biotechnology, | ||||||
5 | information technology, medical technology, or
environmental | ||||||
6 | technology, or for the research and development of engineering
| ||||||
7 | or for computer
technology related to any of the purposes for | ||||||
8 | which the Commission may
construct structures and improvements | ||||||
9 | within the District. All such
structures and improvements shall | ||||||
10 | be erected and constructed in accordance
with the
Illinois | ||||||
11 | Purchasing Act, to the same extent as if the Commission were a
| ||||||
12 | Code Department. The Commission shall administer and exercise | ||||||
13 | ultimate
authority with respect to the development and | ||||||
14 | operation of the Chicago
Technology Park, and any extensions or | ||||||
15 | expansion thereof.
In addition, the Commission may create a | ||||||
16 | development area within the area of
the District located south | ||||||
17 | of Roosevelt Road, called the District
Development Area in this | ||||||
18 | Act. Within the District Development Area the
Commission may
| ||||||
19 | cause to be acquired or constructed commercial and other types | ||||||
20 | of development,
public and private, if
the Commission | ||||||
21 | determines that the commercial developments are ancillary to
| ||||||
22 | and necessary for the support of facilities within the District | ||||||
23 | and any
other purposes of the District, after a public hearing | ||||||
24 | held by a commissioner
or the person authorized by the | ||||||
25 | Commission to conduct the hearing. The
Commissioner or other | ||||||
26 | authorized persons shall have the power to administer
oaths and |
| |||||||
| |||||||
1 | affirmations, take the testimony of witnesses, receive | ||||||
2 | pertinent
evidence, and certify the record of the hearing to | ||||||
3 | the Commission. The
record of the hearing shall become part of | ||||||
4 | the Commissions records. Notice
of the time, place, and purpose | ||||||
5 | of the hearing shall be given by a single
publication notice in | ||||||
6 | a secular newspaper of general circulation in the
City of | ||||||
7 | Chicago at least 10 days before the date of the hearing.
In | ||||||
8 | addition to
the powers set forth above, the Commission may | ||||||
9 | sell, lease,
develop, operate, and manage for any person,
firm, | ||||||
10 | partnership, or corporation, either public or private, all or | ||||||
11 | any part of
the land, buildings, facilities, equipment, or | ||||||
12 | other property included in the
District Development Area and | ||||||
13 | any medical research and high technology
park or the designated | ||||||
14 | commercial
development area upon the terms and conditions the
| ||||||
15 | Commission may deem advisable, and may enter into any contract | ||||||
16 | or agreement
with any person, firm, partnership, or | ||||||
17 | corporation, either public or
private, or any combination of | ||||||
18 | the foregoing, as may be necessary or
suitable for the | ||||||
19 | creation, marketing, development,
construction, | ||||||
20 | reconstruction, rehabilitation, financing, operation and
| ||||||
21 | maintenance, and management of the District Development Area | ||||||
22 | and any
technology
park or designated commercial development | ||||||
23 | area; and may sell or lease
to any person, firm, partnership, | ||||||
24 | or
corporation, either public or private, any part or all of | ||||||
25 | the land,
building, facilities, equipment, or other property of | ||||||
26 | the park or the
designated commercial development area upon the
|
| |||||||
| |||||||
1 | rentals, terms, and conditions as the Commission may deem | ||||||
2 | advisable; and
may finance all or part of the cost of the | ||||||
3 | Commission's development and
operation of the District | ||||||
4 | Development Area as well as any park or the
designated | ||||||
5 | commercial
development area, including the creation, | ||||||
6 | marketing,
development, purchase, lease, construction, | ||||||
7 | reconstruction,
rehabilitation, improvement,
remodeling, | ||||||
8 | addition to, extension, and maintenance of all or part of
the | ||||||
9 | high technology park or the designated commercial development | ||||||
10 | area, and all
equipment and furnishings, by legislative
| ||||||
11 | appropriations, government grants, contracts, private gifts, | ||||||
12 | loans,
bonds,
receipts from the sale or lease of land for the | ||||||
13 | operation of the District and
any high
technology park or the | ||||||
14 | designated commercial development area, rentals,
and similar | ||||||
15 | receipts or other sources of revenue legally available for | ||||||
16 | these
purposes.
The Commission shall promulgate rules | ||||||
17 | concerning the procurement of contracts and purchases. The | ||||||
18 | Commission also may defray the expenses of the operation of the | ||||||
19 | District
Development Area and technology park, improvements to | ||||||
20 | the District Development
Area and technology park, provision of | ||||||
21 | shared services, common facilities and
common area expenses, | ||||||
22 | benefiting owners and occupants of property within the
District | ||||||
23 | Development Area and the technology park by general assessment,
| ||||||
24 | special
assessment, or the imposition of service or user fees. | ||||||
25 | As to the entities
eligible to be members of the advisory | ||||||
26 | District Member Council,
such assessments or impositions may be |
| |||||||
| |||||||
1 | undertaken only
with District Member Council
consent as | ||||||
2 | provided in Section 8.
For a period of 6 years after July 1, | ||||||
3 | 1995, the Commission may
acquire any real and personal property | ||||||
4 | within the Development Area of the
District by immediate | ||||||
5 | vesting of title, commonly referred to as "quick-take",
| ||||||
6 | pursuant to Sections 7-103 through 7-112 of the Code of Civil | ||||||
7 | Procedure.
| ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
9 | (70 ILCS 915/5) (from Ch. 111 1/2, par. 5006)
| ||||||
10 | Sec. 5.
To obtain the funds necessary for financing the | ||||||
11 | acquisition
of land, the acquisition or construction of any | ||||||
12 | building hereinabove
mentioned, and for the operation of the | ||||||
13 | District as is in this Act set
forth, the Commission may borrow | ||||||
14 | money from any public or private agency,
department, | ||||||
15 | corporation
or person , and mortgage, pledge, or otherwise | ||||||
16 | encumber the property or funds of the Commission . In
evidence | ||||||
17 | of and as security for funds borrowed, the Commission may issue
| ||||||
18 | revenue bonds in its corporate capacity to be payable from the
| ||||||
19 | revenues derived from the operation of the institutions or | ||||||
20 | buildings,
owned, leased, or operated by or on behalf of the | ||||||
21 | Commission, but the
bonds shall in no event constitute an
| ||||||
22 | indebtedness of the Commission or a claim against the property | ||||||
23 | of the
Commission. Such bonds may be issued in such | ||||||
24 | denominations as may be
expedient, and in such amounts and at | ||||||
25 | such rates of interest as the
Commission shall deem necessary |
| |||||||
| |||||||
1 | to provide sufficient funds to pay all
the costs of acquiring | ||||||
2 | land, the construction, acquisition, equipping
and operation | ||||||
3 | of buildings within the District district , including | ||||||
4 | engineering
and other expenses. Such bonds shall be executed by | ||||||
5 | the president of the
Commission, attested by the secretary | ||||||
6 | thereof and sealed with the
Commission's corporate seal. In | ||||||
7 | case either of said officers of the
Commission who shall have | ||||||
8 | signed or attested any of such bonds shall
have ceased to be | ||||||
9 | such officer before delivery of such bonds, the
signature of | ||||||
10 | such officer shall be valid and sufficient to the same
effect | ||||||
11 | as if such officer had remained in office at the time of such
| ||||||
12 | delivery. The Commission shall furnish the State Comptroller
| ||||||
13 | with a record of all bonds issued under this Act.
| ||||||
14 | (Source: P.A. 89-356, eff. 8-17-95.)
| ||||||
15 | (70 ILCS 915/10) (from Ch. 111 1/2, par. 5020)
| ||||||
16 | Sec. 10. Disposition of money ; income fund . The All money | ||||||
17 | received by the
Commission from the sale or lease
of any | ||||||
18 | property, in excess of such amount expended by the Commission | ||||||
19 | for
authorized purposes under this Act or as may be necessary | ||||||
20 | to satisfy
the obligation of any revenue bond issued pursuant | ||||||
21 | to Section 5, shall
be paid into the State Treasury for deposit | ||||||
22 | into the Medical Center Commission
Income Fund provided, | ||||||
23 | however, the Commission is authorized to use all money received | ||||||
24 | from the sale or lease of any property, in excess of the amount | ||||||
25 | as may be necessary to satisfy the obligation of any revenue |
| |||||||
| |||||||
1 | bond issued pursuant to Section 5 and may also use all
money | ||||||
2 | received as rentals for the purposes of planning, acquisition, | ||||||
3 | and
development of property within the District and operation, | ||||||
4 | maintenance and
improvement of property of the Commission and | ||||||
5 | for all purposes and powers set
forth in this Act. Beginning in | ||||||
6 | 1993, not later than July 10 of each
year, the Commission shall | ||||||
7 | transmit to the State Treasurer for deposit into
the Medical | ||||||
8 | Center Commission Income Fund all monies on hand at June 30 in
| ||||||
9 | excess of $350,000 without deduction or offset of any kind,
| ||||||
10 | except that the
Commission may retain such additional funds as | ||||||
11 | are necessary to pay
enforceable contractual obligations | ||||||
12 | existing as of June 30 and which will
be paid not later than | ||||||
13 | September 30 of that year. All monies retained for
the payment | ||||||
14 | of these obligations and not paid out by September 30, shall be
| ||||||
15 | remitted in full to the State Treasury, without deduction or | ||||||
16 | offset of
any kind, not later than October 10 of the same year.
| ||||||
17 | All monies held pursuant to this Section shall be maintained in | ||||||
18 | a
depository approved by the State Treasurer. The Commission | ||||||
19 | shall enter into an intergovernmental agreement with the The | ||||||
20 | Auditor General , who shall, at
least biennially, audit or cause | ||||||
21 | to be audited all records and accounts of
the Commission | ||||||
22 | pertaining to the operation of the District. The Auditor | ||||||
23 | General shall provide the Commission and the General Assembly | ||||||
24 | with the audits and shall post a copy on his or her website. | ||||||
25 | The Auditor General shall submit a bill to the Commission for | ||||||
26 | costs associated with the review and the audit required under |
| |||||||
| |||||||
1 | this Section, and the Commission shall reimburse the Auditor | ||||||
2 | General for such costs in a timely manner.
| ||||||
3 | (Source: P.A. 89-356, eff. 8-17-95.)
| ||||||
4 | (70 ILCS 915/5b rep.)
| ||||||
5 | Section 10. The Illinois Medical District Act is amended by | ||||||
6 | repealing Section 5b. | ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|