| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||||
5 | Calumet City Community Medical District Act. | |||||||||||||||||||||||||||||
6 | Section 5. Creation of District; purpose. The Calumet | |||||||||||||||||||||||||||||
7 | City Community Medical District is created with boundaries | |||||||||||||||||||||||||||||
8 | coterminous with the boundaries of Calumet City. The District | |||||||||||||||||||||||||||||
9 | is created to
attract and retain academic centers of | |||||||||||||||||||||||||||||
10 | excellence, viable health
care facilities, medical research | |||||||||||||||||||||||||||||
11 | facilities, emerging high-technology enterprises, and other
| |||||||||||||||||||||||||||||
12 | facilities and uses as permitted by this Act.
| |||||||||||||||||||||||||||||
13 | Section 10. The Calumet City Community Medical District
| |||||||||||||||||||||||||||||
14 | Commission. | |||||||||||||||||||||||||||||
15 | (a) The Calumet City Community Medical District
Commission | |||||||||||||||||||||||||||||
16 | is created. The District's general purpose, in addition to | |||||||||||||||||||||||||||||
17 | those other purposes and powers set forth in this Act,
is to:
| |||||||||||||||||||||||||||||
18 | (1) maintain the proper surroundings for a medical
| |||||||||||||||||||||||||||||
19 | center and a related technology center in order to | |||||||||||||||||||||||||||||
20 | attract,
stabilize, and retain within the District | |||||||||||||||||||||||||||||
21 | hospitals, clinics,
research facilities, educational | |||||||||||||||||||||||||||||
22 | facilities, or other
facilities permitted under this Act; |
| |||||||
| |||||||
1 | and
| ||||||
2 | (2) provide for the orderly creation, maintenance,
| ||||||
3 | development, and expansion of (i) health care facilities
| ||||||
4 | and other ancillary or related facilities that the
| ||||||
5 | Commission determines are established
and operated (A) for | ||||||
6 | any aspect of the carrying out of the
Commission's | ||||||
7 | purposes as set forth in this Act, (B) for the
study, | ||||||
8 | diagnosis, and treatment of human ailments and
injuries, | ||||||
9 | whether physical or mental, or (C) to promote
medical, | ||||||
10 | surgical, and scientific research and knowledge as
| ||||||
11 | permitted under this Act, and (ii) medical research and
| ||||||
12 | high-technology parks, together with the necessary lands,
| ||||||
13 | buildings, facilities, equipment, and personal property
| ||||||
14 | for those parks.
| ||||||
15 | (b) The Commission has perpetual succession and the power
| ||||||
16 | to contract and be contracted with, to sue and, except in tort | ||||||
17 | actions, to be sued, to plead and be impleaded, to have and use | ||||||
18 | a
common seal, and to alter the common seal. All tort
actions | ||||||
19 | against the Commission shall be prosecuted in the Court
of | ||||||
20 | Claims. The principal office of the Commission shall be
| ||||||
21 | located at a hospital operated within the District. The
| ||||||
22 | Commission may hire or contract with any personnel as the | ||||||
23 | Commission deems
advisable to carry out the purposes of this | ||||||
24 | Act and the work
of the Commission.
| ||||||
25 | (c) The Commission shall consist of 9 appointed | ||||||
26 | commissioners and
3 ex officio commissioners. Of the |
| |||||||
| |||||||
1 | commissioners appointed, 3 shall be appointed by the
Governor, | ||||||
2 | 3 shall be appointed by the Mayor of Calumet City, and 3 shall | ||||||
3 | be appointed, with the advice and consent of the Cook County | ||||||
4 | Board of Commissioners, by the
President of the Cook County | ||||||
5 | Board of Commissioners. All appointed
commissioners shall hold | ||||||
6 | office for a 3-year term ending on
December 31 until their | ||||||
7 | successors are appointed and have
qualified; except that, of | ||||||
8 | the initial appointed commissioners, the Governor, Mayor, and | ||||||
9 | county commissioner shall each appoint one appointee for a | ||||||
10 | term ending December 31, 2025, shall each appoint one | ||||||
11 | appointee for a term ending December 31, 2026, and shall each | ||||||
12 | appoint one appointee for a term ending December 31, 2027. The | ||||||
13 | Director of Commerce and
Economic Opportunity or his or her | ||||||
14 | designee, the Director of
Public Health or his or her | ||||||
15 | designee, and the Secretary of
Human Services or his or her | ||||||
16 | designee shall serve as ex officio
commissioners. | ||||||
17 | (d) Any vacancy in the office of an appointed commissioner | ||||||
18 | occurring by reason of the death, resignation,
| ||||||
19 | disqualification, removal, or inability or refusal to act by | ||||||
20 | the commissioner shall be filled by the
authority that | ||||||
21 | appointed the commissioner for the
unexpired term of office of | ||||||
22 | that commissioner.
| ||||||
23 | (e) The Commission shall hold regular meetings annually | ||||||
24 | for
the election of a president, vice president, secretary, | ||||||
25 | and
treasurer, for the adoption of a budget, and for any other
| ||||||
26 | business that may properly come before it. The Commission |
| |||||||
| |||||||
1 | shall
establish the duties and responsibilities of its | ||||||
2 | officers by
rule. The president or any 3 commissioners of the | ||||||
3 | Commission may call
special meetings of the Commission. Each | ||||||
4 | commissioner shall
take an oath of office for the faithful | ||||||
5 | performance of his or
her duties. The Commission may not | ||||||
6 | transact business at a
meeting of the Commission unless there | ||||||
7 | is present at the
meeting a quorum consisting of at least 7 | ||||||
8 | commissioners.
Meetings may be held by telephone conference or | ||||||
9 | other
communications equipment by means of which all persons
| ||||||
10 | participating in the meeting can communicate with each other.
| ||||||
11 | (f) The Commission shall submit to the General Assembly,
| ||||||
12 | not later than March 1 of each even numbered year, a detailed
| ||||||
13 | report covering its operations for the 2 preceding calendar
| ||||||
14 | years and a statement of its program for the next 2 years. | ||||||
15 | (g) Neither the Commission nor the District have any power
| ||||||
16 | to tax.
| ||||||
17 | (h) The Commission is a public body and is subject to the | ||||||
18 | Open
Meetings Act and the Freedom of Information Act.
| ||||||
19 | Section 15. Grants; loans; appropriations; contracts. The | ||||||
20 | Commission may
apply for and accept grants, loans, or | ||||||
21 | appropriations from the
State of Illinois, the federal | ||||||
22 | government, a state or federal
agency or instrumentality, a | ||||||
23 | unit of local government, or any
other person or entity to be | ||||||
24 | used for any of the purposes of
the District. The Commission | ||||||
25 | may enter into any agreement with
the State of Illinois, the |
| |||||||
| |||||||
1 | federal government, a state or
federal instrumentality, a unit | ||||||
2 | of local government, or any
other person or entity in relation | ||||||
3 | to the grants, matching
grants, loans, or appropriations. | ||||||
4 | The Commission may, by
contract, accept and collect from | ||||||
5 | entities that enter into the contract assessments or fees for
| ||||||
6 | District enhancements and improvements, common area shared
| ||||||
7 | services, shared facilities, or other activities or
| ||||||
8 | expenditures in furtherance of the purposes of this Act. | ||||||
9 | The
Commission may make grants to neighborhood | ||||||
10 | organizations
within the District for the purpose of | ||||||
11 | benefiting the District.
| ||||||
12 | Section 20. Property; acquisition. The Commission may | ||||||
13 | acquire the fee simple title to real property
lying within the | ||||||
14 | District and personal property required for
its purposes, by | ||||||
15 | gift, purchase, or otherwise. Title shall be
taken in the | ||||||
16 | corporate name of the Commission. The Commission
may lease any | ||||||
17 | real property located within the
District and personal | ||||||
18 | property found by the Commission to be
necessary for its | ||||||
19 | purposes and to which the Commission finds
that it need not | ||||||
20 | acquire the fee simple title for carrying out
those purposes. | ||||||
21 | The Commission may acquire in its corporate
name, under | ||||||
22 | the provisions for the exercise of the right of
eminent domain | ||||||
23 | under the Eminent Domain Act, all real and personal property | ||||||
24 | within the
District, except for (i) property owned and used | ||||||
25 | for purposes authorized
under this Act by medical institutions |
| |||||||
| |||||||
1 | or allied educational
institutions, hospitals, dispensaries, | ||||||
2 | clinics, dormitories or
homes for the nurses, doctors, | ||||||
3 | students, instructors, or other
officers or employees of those | ||||||
4 | institutions located in the
District, (ii) real property that | ||||||
5 | is used for offices or for
recreational purposes in connection | ||||||
6 | with the institutions listed in (i),
or (iii) any improved | ||||||
7 | residential property within a historical
district properly | ||||||
8 | designated under a federal statute or a State
or local statute | ||||||
9 | that has been certified by the Secretary of
the Interior of the | ||||||
10 | United States to the Secretary of the
Treasury of the United | ||||||
11 | States as containing criteria that will
substantially achieve | ||||||
12 | the purpose of preserving and
rehabilitating buildings of | ||||||
13 | historical significance to the
District. | ||||||
14 | The Commission has
no quick-take powers, no zoning powers, | ||||||
15 | and no power to
establish or enforce building codes. The | ||||||
16 | Commission may not
acquire any property pursuant to this | ||||||
17 | Section before a
comprehensive master plan has been approved | ||||||
18 | under Section 60.
Property owned by and exclusively used by | ||||||
19 | the Commission is exempt from taxation.
| ||||||
20 | Section 25. Construction and improvements. | ||||||
21 | (a) The Commission may, within the District and in its
| ||||||
22 | corporate capacity, construct or make improvements to, or | ||||||
23 | cause to be constructed or improved, a hospital, sanitarium, | ||||||
24 | clinic, laboratory, or
any other institution, building, | ||||||
25 | structure, or ancillary or related facility that the |
| |||||||
| |||||||
1 | Commission determines should be established and operated for | ||||||
2 | any one or more of the following purposes: | ||||||
3 | (1) carrying out of any aspect of the Commission's | ||||||
4 | purposes as
set forth in this Act; | ||||||
5 | (2) studying, diagnosing, and treating human ailments | ||||||
6 | and injuries, whether physical or mental, or
promoting | ||||||
7 | medical, surgical, and scientific research and
knowledge; | ||||||
8 | (3) supporting and nurturing facilities and uses | ||||||
9 | permitted by this Act; | ||||||
10 | (4) providing a nursing facility, extended care | ||||||
11 | facility, or other facilities that the
Commission finds | ||||||
12 | useful in the study of, research in, or
treatment of | ||||||
13 | illnesses or infirmities specific to the elderly;
| ||||||
14 | (5) providing institutions that engage in the | ||||||
15 | training, education, or
rehabilitation of persons with a | ||||||
16 | disability, as that term is defined in Section 10 of the | ||||||
17 | Disabilities Services Act of 2003; | ||||||
18 | (6) providing office buildings for physicians or | ||||||
19 | dealers in
medical accessories; | ||||||
20 | (7) providing dormitories, homes, or residences for
| ||||||
21 | the medical profession, including interns, nurses, | ||||||
22 | students,
or other officers or employees of the | ||||||
23 | institutions within the
District, or for the use of | ||||||
24 | relatives of patients in the hospitals
or other | ||||||
25 | institutions within the District; | ||||||
26 | (8) rehabilitating or establishing of residential |
| |||||||
| |||||||
1 | structures
within a historic district properly designated | ||||||
2 | under a federal
statute or a State or local statute that | ||||||
3 | has been certified by
the Secretary of the Interior of the | ||||||
4 | United States to the
Secretary of the Treasury of the | ||||||
5 | United States as containing
criteria that will | ||||||
6 | substantially achieve the purpose of
preserving and | ||||||
7 | rehabilitating buildings of historic
significance to the | ||||||
8 | District, or any other areas of the
District as the | ||||||
9 | Commission may designate; | ||||||
10 | (9) facilitating research,
development, and | ||||||
11 | production, in any of the fields of
medicine, chemistry, | ||||||
12 | pharmaceuticals, or physics, of genetically
engineered | ||||||
13 | products; | ||||||
14 | (10) providing biotechnology, information
technology, | ||||||
15 | medical technology, or environmental technology; and
| ||||||
16 | (11) researching and developing engineering or | ||||||
17 | computer technology related to the medical field. | ||||||
18 | The Commission may construct or improve, or cause to be | ||||||
19 | constructed or improved, these institutions, buildings, | ||||||
20 | structures, or ancillary or related facilities after a public | ||||||
21 | hearing is held by any commissioner or other
person authorized | ||||||
22 | by the Commission to conduct the hearing. | ||||||
23 | (b)
The Illinois Procurement Code applies to any | ||||||
24 | construction or improvements undertaken pursuant to this | ||||||
25 | Section, and the Commission shall conduct all procurements in | ||||||
26 | a manner that is consistent with that Code. Construction or |
| |||||||
| |||||||
1 | improvement may not be undertaken pursuant to this Section | ||||||
2 | before
a comprehensive master plan has been approved by the | ||||||
3 | Commission under Section 60.
| ||||||
4 | Section 30. Relocation assistance. The Commission may
| ||||||
5 | provide relocation assistance to persons and entities
| ||||||
6 | displaced by the Commission's acquisition of property and
| ||||||
7 | improvement of the District. Relocation assistance shall not | ||||||
8 | be
less than would be provided by the federal government to a | ||||||
9 | displaced person under the federal Uniform Relocation
| ||||||
10 | Assistance and Real Property Acquisition Policies Act of 1970
| ||||||
11 | and the regulations promulgated under that Act. As used in | ||||||
12 | this Section, "displaced person" has the meaning ascribed to | ||||||
13 | that term in 42 U.S.C. 4601. Relocation assistance may include | ||||||
14 | assistance with
the moving of a residential unit to a new | ||||||
15 | location. The
Commission shall identify an individual to serve | ||||||
16 | as a single point of contact for information about
relocation | ||||||
17 | assistance provided under this Section.
| ||||||
18 | Section 35. Disposition of Property. | ||||||
19 | (a) The Commission may
sell, convey, or lease, all at fair | ||||||
20 | market value, any
title or interest in real property owned by | ||||||
21 | it to any person or
persons to be used, subject to the | ||||||
22 | restrictions of this Act,
for the purposes stated in this Act, | ||||||
23 | for the purpose of
serving persons using the facilities | ||||||
24 | offered within the
District, or for carrying out of any aspect |
| |||||||
| |||||||
1 | of the Commission's
purposes under Section 10, subject to the
| ||||||
2 | restrictions on the use of the real property as the
Commission | ||||||
3 | determines will carry out the purpose of this Act.
To ensure | ||||||
4 | that real property sold, conveyed, or leased
under this | ||||||
5 | subsection is used in accordance with this
Act, the Commission | ||||||
6 | shall inquire into and satisfy itself
concerning the financial | ||||||
7 | ability of the purchaser, conveyee, or lessee to complete
the | ||||||
8 | project for which the real property is sold, conveyed, or | ||||||
9 | leased in
accordance with a written plan to be submitted by the | ||||||
10 | purchaser, conveyee, or
lessee to the
Commission. Under the | ||||||
11 | plan, the purchaser, conveyee, or lessee shall
promise (i) to | ||||||
12 | use the land for the purposes designated in
the presented | ||||||
13 | plan, (ii) to commence and complete the
construction of the | ||||||
14 | buildings or other structures to be
included in the project | ||||||
15 | within the periods of time that the
Commission determines, and | ||||||
16 | (iii) to comply with any
other conditions that the Commission | ||||||
17 | determines are
necessary to carry out the project. | ||||||
18 | All sales, conveyances, and leases
authorized in this | ||||||
19 | subsection shall be made on the condition that, if used other | ||||||
20 | than for the purposes prescribed in this
Act, or unused for a | ||||||
21 | period of at least one year, title to the
property reverts to | ||||||
22 | the Commission. All sales, conveyances, and leases
made by the | ||||||
23 | Commission to any person for use
by residents or any other | ||||||
24 | person shall be on the condition that if the resident or other | ||||||
25 | person violates any of the restrictions as to the use of
the | ||||||
26 | property as the Commission has determined will carry
out the |
| |||||||
| |||||||
1 | purposes of this Act, then title to the property
reverts to the | ||||||
2 | Commission. If, however, the Commission finds
that financing | ||||||
3 | necessary for the acquisition or lease of any
real estate or | ||||||
4 | for the construction of any building or
improvement to be used | ||||||
5 | for purposes prescribed in this Act
cannot be obtained if | ||||||
6 | title to the land, building, or
improvement is subject to such | ||||||
7 | a reverter provision, the
finding shall be made by the | ||||||
8 | Commission after a public hearing is
held. Upon the finding
| ||||||
9 | being made, the Commission may cause the real property to be
| ||||||
10 | conveyed free of a reverter provision if at least 7
| ||||||
11 | commissioners vote in favor of the sale, conveyance, or lease | ||||||
12 | without the reverter provision. The Commission
may also | ||||||
13 | include, in the sales agreement, conveyance, lease agreement, | ||||||
14 | or other
documentation, provisions for notice of the | ||||||
15 | violations or
default and how to cure violations or default | ||||||
16 | for the benefit of any lender or
mortgagee as the Commission | ||||||
17 | may determine is appropriate.
| ||||||
18 | If, at a regularly scheduled meeting, the Commission | ||||||
19 | resolves
that a parcel of real estate conveyed or leased by it, | ||||||
20 | or in which it has
sold the fee simple title or any lesser | ||||||
21 | estate, is not being
used for the purposes prescribed in this | ||||||
22 | Act or has been unused for a period of at least one year, the | ||||||
23 | Commission may file a
lawsuit in the Cook County Circuit Court | ||||||
24 | to enforce the
terms of the sale, conveyance, or lease. If a | ||||||
25 | reverter of title to any
property is ordered by the court under | ||||||
26 | the terms of this Act,
the interest of the Commission shall be |
| |||||||
| |||||||
1 | subject to any then
existing, valid mortgage or trust deed in | ||||||
2 | the nature of a
mortgage, but if the title is acquired through | ||||||
3 | foreclosure of
that mortgage or trust deed or by deed in lieu | ||||||
4 | of foreclosure of
that mortgage or trust deed, then the title | ||||||
5 | to the property
shall not revert, but shall be subject to the | ||||||
6 | restrictions as
to use, but not any penalty for nonuse, | ||||||
7 | contained in this Act
with respect to any mortgagee in | ||||||
8 | possession or its successor or
assigns. | ||||||
9 | (b) If, at a regularly scheduled meeting, the Commission | ||||||
10 | resolves that a parcel of real estate that is owned by the | ||||||
11 | Commission is no longer needed for District purposes, the | ||||||
12 | Commission may authorize the sale or public auction of the | ||||||
13 | parcel. The resolution shall direct the sale to be conducted | ||||||
14 | by (i) the staff of the Commission, (ii) listing with local | ||||||
15 | licensed real estate agencies, in which case the terms of the | ||||||
16 | agent's compensation shall be included in the resolution, | ||||||
17 | (iii) or public auction. The resolution shall be published at | ||||||
18 | the first opportunity following its passage in a newspaper | ||||||
19 | published in the District or, if none, then in a newspaper | ||||||
20 | published in the county where the District is located. The | ||||||
21 | resolution shall also contain pertinent information concerning | ||||||
22 | the size, use, and zoning of the parcel and the terms of sale. | ||||||
23 | (c) The Commission may not sell, convey, or lease any
| ||||||
24 | property pursuant to this Section before a comprehensive | ||||||
25 | master
plan has been approved under Section 60.
|
| |||||||
| |||||||
1 | Section 40. Notice. Before holding a public hearing
| ||||||
2 | required under Section 35 or a meeting regarding
the passage | ||||||
3 | of a resolution to file a lawsuit, the Commission
shall give | ||||||
4 | notice to the grantee or lessee, or his or her legal
| ||||||
5 | representatives, successors, or assigns, of the time and place
| ||||||
6 | of the proceeding. The notice shall be accompanied by a
| ||||||
7 | statement signed by the secretary of the Commission, or by any
| ||||||
8 | person authorized by the Commission to sign the statement, | ||||||
9 | setting
forth any act or things done or omitted to be done in
| ||||||
10 | violation, or claimed to be in violation, of any restriction | ||||||
11 | on the use of the property, whether the restriction is
| ||||||
12 | prescribed in any of the terms of this Act or by any
| ||||||
13 | restriction on the use of the property determined by the
| ||||||
14 | Commission under the terms of this Act. The notice of the time
| ||||||
15 | and place fixed for the proceeding shall also be given to any
| ||||||
16 | person as the Commission deems necessary. The
notice may be | ||||||
17 | given by registered mail, addressed to the
grantee, lessee, or | ||||||
18 | legal representatives, successors, or
assigns, at the last | ||||||
19 | known address of the grantee, lessee, or
legal | ||||||
20 | representatives, successors, or assigns.
| ||||||
21 | Section 45. Rules. The Commission may adopt rules, | ||||||
22 | pursuant to the Illinois Administrative
Procedure Act, | ||||||
23 | regarding the exercise of its powers, governing its | ||||||
24 | proceedings, and regulating all hearings held by it or at its | ||||||
25 | direction, and
it may also amend those rules.
|
| |||||||
| |||||||
1 | Section 50. Certified copies of documents. Copies of all | ||||||
2 | official
documents, findings, and orders of the Commission, | ||||||
3 | certified by
a commissioner or by the secretary of the | ||||||
4 | Commission to be true
copies of the originals, under the | ||||||
5 | official seal of the
Commission, shall be evidence as if those | ||||||
6 | copies were the originals.
| ||||||
7 | Section 55. Judicial review. A party may obtain a
judicial | ||||||
8 | review of a final order or decision of the Commission
in the | ||||||
9 | Cook County Circuit Court only in
accordance with the | ||||||
10 | provisions of the Administrative Review Law
and the rules | ||||||
11 | adopted under that Law. The Cook County Circuit Court shall
| ||||||
12 | take judicial notice of all the rules of practice and | ||||||
13 | procedure
of the Commission.
| ||||||
14 | Section 60. Master plan; improvement and management of
| ||||||
15 | District. The Commission shall prepare and approve a
| ||||||
16 | comprehensive master plan under Section 60 for the orderly | ||||||
17 | development and
management of all property within the | ||||||
18 | District. The master
plan, and any amendment to the master | ||||||
19 | plan, shall not take
effect, however, until it has been | ||||||
20 | approved by the Commission. The Commission shall
take the | ||||||
21 | actions permitted to be taken by it under this Act as
it may | ||||||
22 | determine are appropriate to provide conditions most
favorable | ||||||
23 | for the special care and treatment of the sick and
injured, for |
| |||||||
| |||||||
1 | the study of disease, and for any other purpose
set forth in | ||||||
2 | this Act. In the master plan, the
Commission may provide for | ||||||
3 | shared services and facilities
within the District for the | ||||||
4 | accredited schools of medicine and
the licensed nonprofit | ||||||
5 | acute care hospitals within the
District.
| ||||||
6 | Section 65. Public hearings. The Commission shall conduct | ||||||
7 | a
public hearing before taking any of the actions described in | ||||||
8 | Section 25, making specified reverter-related findings under | ||||||
9 | Section 35, or approving a
comprehensive master plan under | ||||||
10 | Section 60. The Commission shall also conduct a
public hearing | ||||||
11 | whenever it is otherwise required by law to do
so and may | ||||||
12 | conduct a public hearing whenever it may elect to
do so. If | ||||||
13 | there is no law governing a specific type of public hearing, | ||||||
14 | the Commission shall conduct that public hearing pursuant to | ||||||
15 | the Open Meetings Act and this Section. | ||||||
16 | The Commission may
authorize a commissioner or other | ||||||
17 | person of legal age to
conduct a hearing not otherwise | ||||||
18 | required by law. The commissioner or other authorized person
| ||||||
19 | may (i) administer oaths and affirmations, (ii)
take the | ||||||
20 | testimony of witnesses, (iii) take and receive the
production | ||||||
21 | of papers, books, records, accounts, and documents,
(iv) | ||||||
22 | receive pertinent evidence, and (v) certify the record of
the | ||||||
23 | hearing. The record of the hearing shall become part of the
| ||||||
24 | Commission's record. Notice of the time, place, and purpose of
| ||||||
25 | the hearing shall be given by a single publication notice in a
|
| |||||||
| |||||||
1 | secular newspaper of general circulation within Cook County at
| ||||||
2 | least 10 days before the date of the hearing.
| ||||||
3 | Section 70. Disposition of money; income fund; rental | ||||||
4 | moneys; audits. | ||||||
5 | (a) Money
received by the Commission from the sale, | ||||||
6 | conveyance, or lease of any
property, in excess of the amount | ||||||
7 | expended by the Commission
for authorized purposes under this | ||||||
8 | Act, shall be deposited into the
Calumet City Community
| ||||||
9 | Medical District Income Fund, a special fund that is created | ||||||
10 | in the State treasury, and may be expended as provided in this | ||||||
11 | Section and this Act. | ||||||
12 | (b) The Commission may
use all money deposited into the
| ||||||
13 | Calumet City Community
Medical District Income Fund from | ||||||
14 | rentals for the purposes of planning,
acquisition, and | ||||||
15 | development of property within the District,
for the | ||||||
16 | operation, maintenance, and improvement of property of
the | ||||||
17 | Commission, and for all purposes and powers set forth in
this | ||||||
18 | Act. | ||||||
19 | (c) The Auditor General shall conduct audits of the
| ||||||
20 | Commission in the same manner as the Auditor General conducts
| ||||||
21 | audits of State agencies under the Illinois State Auditing | ||||||
22 | Act. The
Auditor General shall, at least biennially, audit or | ||||||
23 | cause to
be audited all records and accounts of the Commission
| ||||||
24 | pertaining to the operation of the District.
|
| |||||||
| |||||||
1 | Section 75. Attorney General. The Attorney General is the | ||||||
2 | legal advisor to the Commission and
shall prosecute or defend, | ||||||
3 | as the case may be, all actions
brought by or against the | ||||||
4 | Commission. | ||||||
5 | Section 80. Extraterritorial authority. The Commission may | ||||||
6 | contract with the State, a unit of local government, the | ||||||
7 | federal government or any subdivision of the federal | ||||||
8 | government, the State of Indiana or any subdivision of the | ||||||
9 | State of Indiana, or any individual, corporation, or other | ||||||
10 | person to ensure service of all persons inside and near | ||||||
11 | Calumet City who may use the services of the District or to | ||||||
12 | coordinate services with the communities surrounding Calumet | ||||||
13 | City. The Commission must consider the benefit to the District | ||||||
14 | and the financial contribution and responsibilities of the | ||||||
15 | parties that will be contracting with the District before | ||||||
16 | deciding to enter into a contract under this Section. | ||||||
17 | Section 900. The Court of Claims Act is amended by | ||||||
18 | changing Sections 8, 22-1, and 22-2 as follows:
| ||||||
19 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| ||||||
20 | Sec. 8. Court of Claims jurisdiction; deliberation | ||||||
21 | periods. The court shall have exclusive
jurisdiction to hear | ||||||
22 | and determine the following matters:
| ||||||
23 | (a) All claims against the State founded upon any law |
| |||||||
| |||||||
1 | of the State of
Illinois or upon any regulation adopted | ||||||
2 | thereunder by an executive or
administrative officer or | ||||||
3 | agency; provided, however, the court shall not have
| ||||||
4 | jurisdiction (i) to hear or determine claims arising under
| ||||||
5 | the Workers' Compensation Act or the Workers' Occupational | ||||||
6 | Diseases Act, or
claims for expenses in civil litigation, | ||||||
7 | or (ii) to review administrative
decisions for which a | ||||||
8 | statute provides that review shall be in the circuit or
| ||||||
9 | appellate court.
| ||||||
10 | (b) All claims against the State founded upon any | ||||||
11 | contract entered
into with the State of Illinois.
| ||||||
12 | (c) All claims against the State for time unjustly | ||||||
13 | served in prisons
of this State when
the person
imprisoned | ||||||
14 | received
a pardon from
the Governor stating that such | ||||||
15 | pardon is issued on the ground of
innocence of the crime | ||||||
16 | for which he or she was
imprisoned or he or she received a | ||||||
17 | certificate of innocence from the Circuit Court as | ||||||
18 | provided in Section 2-702 of the Code of Civil Procedure; | ||||||
19 | provided, the amount of the award is at the discretion of | ||||||
20 | the court; and provided, the
court shall make no award in | ||||||
21 | excess of the following amounts: for
imprisonment of 5 | ||||||
22 | years or less, not more than $85,350; for imprisonment
of | ||||||
23 | 14 years or less but over 5 years, not more than $170,000; | ||||||
24 | for
imprisonment of over 14 years, not more than $199,150; | ||||||
25 | and provided
further, the court shall fix attorney's fees | ||||||
26 | not to exceed 25% of the award
granted. On or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly,
the court shall
annually adjust the maximum | ||||||
3 | awards authorized by this subsection (c) to reflect
the | ||||||
4 | increase, if any, in the Consumer Price Index For All | ||||||
5 | Urban Consumers for
the previous calendar year, as | ||||||
6 | determined by the United States Department of
Labor, | ||||||
7 | except that no annual increment may exceed 5%. For the | ||||||
8 | annual adjustments, if the Consumer Price Index
decreases | ||||||
9 | during a calendar year, there shall be no adjustment for | ||||||
10 | that
calendar year. The transmission by the Prisoner | ||||||
11 | Review Board or the clerk of the circuit court of the | ||||||
12 | information described in Section 11(b) to the clerk of the | ||||||
13 | Court of Claims is conclusive evidence of the validity of | ||||||
14 | the claim. The changes made by this amendatory Act of the | ||||||
15 | 95th General Assembly apply to all
claims pending on or | ||||||
16 | filed on or after the effective date.
| ||||||
17 | (d) All claims against the State for damages in cases | ||||||
18 | sounding in tort, if
a like cause of action would lie | ||||||
19 | against a private person or corporation in a
civil suit, | ||||||
20 | and all like claims sounding in tort against the Illinois | ||||||
21 | Medical District Center
Commission, the Mid-Illinois | ||||||
22 | Medical District Commission, the Mid-America Medical | ||||||
23 | District Commission, the Roseland Community Medical | ||||||
24 | District Commission, the Calumet City Community Medical | ||||||
25 | District
Commission, the Board of Trustees of the | ||||||
26 | University of Illinois, the Board of
Trustees of Southern |
| |||||||
| |||||||
1 | Illinois University, the Board of Trustees of Chicago
| ||||||
2 | State University, the Board of Trustees of Eastern | ||||||
3 | Illinois University, the
Board of Trustees of Governors | ||||||
4 | State University, the Board of Trustees of
Illinois State | ||||||
5 | University, the Board of Trustees of Northeastern Illinois
| ||||||
6 | University, the Board of Trustees of Northern Illinois | ||||||
7 | University, the Board
of Trustees of Western Illinois | ||||||
8 | University, or the Board of Trustees of the
Illinois | ||||||
9 | Mathematics and Science Academy; provided, that an award | ||||||
10 | for damages
in a case sounding in tort, other than certain | ||||||
11 | cases involving the operation
of a State vehicle described | ||||||
12 | in this paragraph, shall not exceed the sum of $2,000,000
| ||||||
13 | to or for the benefit of
any claimant. The $2,000,000 | ||||||
14 | limit prescribed by this Section does not
apply to an | ||||||
15 | award of damages in any case sounding in tort arising out | ||||||
16 | of
the operation by a State employee of a vehicle owned, | ||||||
17 | leased or
controlled by the State. The defense that the | ||||||
18 | State , or the Illinois Medical District Center Commission , | ||||||
19 | the Mid-Illinois Medical District Commission, the | ||||||
20 | Mid-America Medical District Commission, the Roseland | ||||||
21 | Community Medical District Commission, the Calumet City | ||||||
22 | Community Medical District
Commission, or the Board of | ||||||
23 | Trustees of the University of Illinois, the
Board of | ||||||
24 | Trustees of Southern Illinois University, the Board of | ||||||
25 | Trustees of
Chicago State University, the Board of | ||||||
26 | Trustees of Eastern Illinois University,
the Board of |
| |||||||
| |||||||
1 | Trustees of Governors State University, the Board of | ||||||
2 | Trustees of
Illinois State University, the Board of | ||||||
3 | Trustees of Northeastern Illinois
University, the Board of | ||||||
4 | Trustees of Northern Illinois University, the Board of
| ||||||
5 | Trustees of Western Illinois University, or the Board of | ||||||
6 | Trustees of the
Illinois Mathematics and Science Academy | ||||||
7 | is not liable for the negligence of
its officers, agents, | ||||||
8 | and employees in the course of their employment is not
| ||||||
9 | applicable to the hearing and determination of such | ||||||
10 | claims. The changes to this Section made by this | ||||||
11 | amendatory Act of the 100th General Assembly apply only to | ||||||
12 | claims filed on or after July 1, 2015. | ||||||
13 | The court shall
annually adjust the maximum awards | ||||||
14 | authorized by this subsection to reflect
the increase, if | ||||||
15 | any, in the Consumer Price Index For All Urban Consumers | ||||||
16 | for
the previous calendar year, as determined by the | ||||||
17 | United States Department of
Labor. The Comptroller shall | ||||||
18 | make the new amount resulting from each annual adjustment | ||||||
19 | available to the public via the Comptroller's official | ||||||
20 | website by January 31 of every year.
| ||||||
21 | (e) All claims for recoupment made by the State of | ||||||
22 | Illinois against
any claimant.
| ||||||
23 | (f) All claims pursuant to the Line of Duty | ||||||
24 | Compensation
Act. A claim under that Act must be heard and | ||||||
25 | determined within one year after the application for that | ||||||
26 | claim is filed with the Court as provided in that Act.
|
| |||||||
| |||||||
1 | (g) All claims filed pursuant to the Crime Victims | ||||||
2 | Compensation Act.
| ||||||
3 | (h) All claims pursuant to the Illinois National | ||||||
4 | Guardsman's Compensation
Act. A claim under that Act must | ||||||
5 | be heard and determined within one year after the | ||||||
6 | application for that claim is filed with the Court as | ||||||
7 | provided in that Act.
| ||||||
8 | (i) All claims authorized by subsection (a) of Section | ||||||
9 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
10 | expenses incurred by a party in a
contested case on the | ||||||
11 | administrative level.
| ||||||
12 | (Source: P.A. 100-1124, eff. 11-27-18 .)
| ||||||
13 | (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
| ||||||
14 | Sec. 22-1.
Within 1 year from the date that such an injury | ||||||
15 | was received or
such a cause of action accrued, any person who | ||||||
16 | is about to commence any
action in the Court of Claims against | ||||||
17 | the State of Illinois, the Illinois Medical District Center | ||||||
18 | Commission, the Mid-Illinois Medical District Commission, the | ||||||
19 | Mid-America Medical District Commission, the Roseland | ||||||
20 | Community Medical District Commission, the Calumet City | ||||||
21 | Community Medical District
Commission, the Board of Trustees | ||||||
22 | of the University of Illinois,
the Board of Trustees of | ||||||
23 | Southern Illinois University,
the Board of Trustees of Chicago | ||||||
24 | State University, the Board of Trustees of
Eastern Illinois | ||||||
25 | University, the Board of Trustees of Governors State
|
| |||||||
| |||||||
1 | University, the Board of Trustees of Illinois State | ||||||
2 | University, the Board of
Trustees of Northeastern Illinois | ||||||
3 | University, the Board of Trustees of Northern
Illinois | ||||||
4 | University, the Board of Trustees of Western Illinois | ||||||
5 | University, or
the Board of Trustees of the Illinois
| ||||||
6 | Mathematics and Science Academy, for damages on account of any | ||||||
7 | injury to
his person shall file in the office of the Attorney | ||||||
8 | General and also in
the office of the Clerk of the Court of | ||||||
9 | Claims, either by himself, his
agent, or attorney, giving the | ||||||
10 | name of the person to whom the cause of
action has accrued, the | ||||||
11 | name and residence of the person injured, the
date and about | ||||||
12 | the hour of the accident, the place or location where the
| ||||||
13 | accident occurred, a brief description of how the accident | ||||||
14 | occurred, and
the name and address of the attending physician, | ||||||
15 | if any, except as
otherwise provided by the Crime Victims | ||||||
16 | Compensation Act.
| ||||||
17 | In actions for death by wrongful act, neglect or default, | ||||||
18 | the
executor of the estate, or in the event there is no will, | ||||||
19 | the
administrator or other personal representative of the | ||||||
20 | decedent, shall
file within 1 year of the date of death or the | ||||||
21 | date that the
executor or administrator is qualified, | ||||||
22 | whichever occurs later, in the
office of the Attorney General | ||||||
23 | and also in the office of the Clerk of
the Court of Claims, | ||||||
24 | giving the name of the person to whom the cause of
action has | ||||||
25 | accrued, the name and last residence of the decedent, the
date | ||||||
26 | of the accident causing death, the date of the decedent's |
| |||||||
| |||||||
1 | demise,
the place or location where the accident causing the | ||||||
2 | death occurred, the
date and about the hour of the accident, a | ||||||
3 | brief description of how the
accident occurred, and the names | ||||||
4 | and addresses of the attending
physician and treating hospital | ||||||
5 | if any, except as otherwise provided by
the Crime Victims | ||||||
6 | Compensation Act.
| ||||||
7 | A claimant is not required to file the notice required by | ||||||
8 | this Section if
he
or she files his or her claim within one | ||||||
9 | year of its accrual.
| ||||||
10 | (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
| ||||||
11 | (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
| ||||||
12 | Sec. 22-2.
If the notice provided for by Section 22-1 is | ||||||
13 | not filed as
provided
in that Section, any such action | ||||||
14 | commenced against the State of
Illinois, the Illinois Medical | ||||||
15 | District Center Commission, the Mid-Illinois Medical District | ||||||
16 | Commission, the Mid-America Medical District Commission, the | ||||||
17 | Roseland Community Medical District Commission, the Calumet | ||||||
18 | City Community Medical District
Commission, the Board of | ||||||
19 | Trustees of the
University of Illinois, the Board of Trustees | ||||||
20 | of Southern Illinois
University,
the Board of Trustees of | ||||||
21 | Chicago State University, the Board of Trustees of
Eastern | ||||||
22 | Illinois University, the Board of Trustees of Governors State
| ||||||
23 | University, the Board of Trustees of Illinois State | ||||||
24 | University, the Board of
Trustees of Northeastern Illinois | ||||||
25 | University, the Board of Trustees of Northern
Illinois |
| |||||||
| |||||||
1 | University, the Board of Trustees of Western Illinois | ||||||
2 | University, or
the Board
of Trustees of the Illinois | ||||||
3 | Mathematics and Science Academy, shall be
dismissed and the | ||||||
4 | person to whom any such cause of action accrued for
any | ||||||
5 | personal injury shall be forever barred from further action in | ||||||
6 | the
Court of Claims for such personal injury, except as | ||||||
7 | otherwise provided
by the Crime Victims Compensation Act.
| ||||||
8 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
9 | Section 905. The Eminent Domain Act is amended by changing | ||||||
10 | Section 15-5-49 as follows: | ||||||
11 | (735 ILCS 30/15-5-49 new) | ||||||
12 | Sec. 15-5-49. Eminent domain powers in new Acts. The
| ||||||
13 | following provisions of law may include express grants of the
| ||||||
14 | power to acquire property by condemnation or eminent domain: | ||||||
15 | Calumet City Community Medical District Act; medical district; | ||||||
16 | for general purposes. | ||||||
17 | Section 910. The State Finance Act is amended by adding | ||||||
18 | Section 5.990 as follows: | ||||||
19 | (30 ILCS 105/5.990 new) | ||||||
20 | Sec. 5.990. The Calumet City Community Medical District | ||||||
21 | Income Fund.
| ||||||
22 | Section 999. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|