SB2222ham001 93RD GENERAL ASSEMBLY

Rep. Wyvetter H. Younge

Filed: 05/11/04

09300SB2222ham001 LRB093 15876 BDD 50855 a

AMENDMENT TO SENATE BILL 2222

AMENDMENT NO. ______. Amend Senate Bill 2222 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Mid-America Medical District Act.

Section 5. Creation of District. There is created in the City of East Saint Louis the Mid-America Medical District, hereinafter called the District, whose boundaries are Martin Luther King Drive on the Northeast, 10th Street up to Trendley Avenue on the Southeast, Trendley Avenue and the confluence of I-64, I-70, and I-55 on the Southwest and West, and a line north of Collinsville, parallel to Collinsville, so as to include both sides of Collinsville on the Northwest, excluding any part of the City Hall complex and any property belonging to the federal government. The District is created 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. Mid-America Medical District Commission.

(a) There is hereby created a body politic and corporate under the corporate name of Mid-America Medical District Commission, hereinafter called the Commission, whose general purpose in addition to and not in limitation of those purposes and powers set forth in other Sections of this Act is to:

(1) maintain the proper surroundings for a medical center and a related technology center in order to attract, stabilize, and retain therein hospitals, clinics, research facilities, educational facilities, or other facilities permitted under this Act;

(2) provide for the orderly expansion of (i) various county and local governmental facilities as permitted under this Act, (ii) other ancillary or related facilities that the Commission may from time to time determine are established and operated for any aspect of the carrying out of the Commission's purposes as set forth in this Act, or are established and operated for the study, diagnosis, treatment, and prevention of human ailments and injuries, whether physical or mental, or to promote medical, surgical, and scientific research and knowledge as permitted under this Act, (iii) medical research and high technology parks, together with the necessary land, buildings, facilities, equipment, and personal property therefore, and (iv) facilities devoted to the research and advancement of health care related issues and policies.

(b) The Commission shall have perpetual succession, power to contract and be contracted with, to sue and be sued except in actions sounding in tort, to plead and be impleaded, to have and use a common seal, and to alter that seal at its pleasure. All actions sounding in tort against the Commission shall be prosecuted in the Court of Claims.

The principal office of the Commission shall be in the City of East Saint Louis, and the Commission may establish other offices within the State of Illinois at any places that the Commission deems advisable. The Commission shall consist of 9 members, 4 of whom shall be appointed by the Governor, 2 by the Mayor of East Saint Louis, and 3 by the Chairman of the County Board of St. Clair County. All members shall hold office for a term of 3 years and until their successors are appointed as provided in this Act; provided, that as soon as possible after the effective date of this Act, the Governor shall appoint 4 members for terms expiring, respectively, on December 31, 2005, 2006, 2007, and 2008, the St. Clair County Board Chairman shall appoint 3 members for terms expiring, respectively, on December 31, 2005, 2006, and 2007, and the Mayor of East Saint Louis, with the advice and consent of the City Council, shall appoint 2 members for terms expiring, respectively, on December 31, 2005, and 2006. Any vacancy in the membership of the Commission occurring by reason of the death, resignation, disqualification, removal or inability or refusal to act of any of the members of the Commission shall be filled by the person who had appointed the particular member, and for the unexpired term of office of that particular member. A vacancy caused by the expiration of the period for which the member was appointed shall be filled by a new appointment for a term of 3 years from the date of expiration of the prior 3 year term notwithstanding when that appointment is actually made.

The Commission shall obtain, pursuant to the provisions of the Personnel Code, any personnel that the Commission deems advisable to carry out the purposes of this Act and the work of the Commission. The Commission may appoint a General Attorney and define the duties of that General Attorney.

The Commission shall hold regular meetings annually for the election of a president, vice-presidents, a secretary, and a treasurer, and for the adoption of a budget. Special meetings may be called by the President or by any 2 members. Each member shall take an oath of office for the faithful performance of his or her duties. Five members of the Commission shall constitute a quorum for the transaction of business. The Commission shall submit, to the General Assembly, the Saint Clair County Board, and the East Saint Louis City Council, not later than March 1 of each odd-numbered year, a detailed report covering its operations for the 2 preceding calendar years and a statement of its program for the next 2 years. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader, and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate, and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act, and by filing any additional copies with the State Government Report Distribution Center for the General Assembly that is required under paragraph (t) of Section 7 of the State Library Act.

The requirement for reporting to Saint Clair County shall be satisfied by filing copies of the report with the Chairman of the Saint Clair County Board. The requirement of reporting to the East Saint Louis City Council shall be satisfied by filing copies of the report with the City Clerk.

Section 15. Grants, loans, and contracts. The Commission may apply for and accept grants, loans, or appropriations from the State of Illinois, the federal government, any State or federal agency or instrumentality, or any other person or entity to be used for any of the purposes of the District and may enter into any agreement with the State of Illinois, the federal government, any State or federal instrumentality, or any person or entity in relation to the grants, matching grants, loans, or appropriations. The Commission also may, by contractual agreement, accept and collect assessments or fees for District enhancements and improvements, common area shared services, shared facilities, or other activities or expenditures in furtherance of the purposes of this Act.

Section 20. Property; acquisition. The Commission is authorized to acquire the fee simple title to real property lying within the District and personal property required for its purposes, by gift, purchase, or otherwise, and title thereto shall be taken in the corporate name of the Commission. The Commission may acquire by lease any real and personal property found by the Commission to be necessary for its purposes and to which the Commission finds that it need not acquire the fee simple title for carrying out of its purposes.

Section 25. Authority to construct or acquire. The Commission may, in its corporate capacity, construct or cause or permit to be constructed in the District, hospitals, sanitariums, clinics, laboratories, or any other institution, building or structure or other ancillary or related facilities that the Commission may, from time to time, determine are established and operated for the carrying out of any aspect of the Commission's purpose as set forth in this Act or are established and operated for the study, diagnosis, and treatment of human ailments and injuries, whether physical or mental, or to promote medical, surgical, and scientific research and knowledge, or for any uses the Commission shall determine will support and nurture facilities, and uses permitted by this Act, or for such nursing, extended care, or other facilities as the Commission shall find useful in the study of, research in, or treatment of illnesses or infirmities peculiar to aged people, after a public hearing to be held by any Commissioner or other person authorized by the Commission to conduct the same, at which Commissioner or other person shall have the power to administer oaths and affirmations and take the testimony of witnesses and receive any documentary evidence as shall be pertinent, the record of which hearing he or she shall certify to the Commission, which record shall become part of the records of the Commission, notice of the time, place, and purpose of the hearings to be given by a single publication notice in a secular newspaper of general circulation in St. Clair County at least 10 days prior to the date of such hearing, or for such institutions as shall engage in the training, education, or rehabilitation of persons who by reason of illness or physical infirmity are wholly or partially deprived of their powers of vision or hearing or of the use of such other part or parts of their bodies as prevent them from pursuing normal activities of life, or office buildings for physicians or dealers in medical accessories, or dormitories, homes or residences for the medical profession, including interns, nurses, students or other officers or employees of the institutions within the District, or for the use of relatives of patients in the hospitals or other institutions within the District, or for the rehabilitation or establishment of residential structures within a currently effective historic district properly designated under a federal statute or a State or local statute that has been certified by the Secretary of the Interior to the Secretary of the Treasury as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the District, or such other areas of the District as the Commission shall designate, for research, development and resultant production, in any of the fields of medicine, chemistry, pharmaceuticals, physics, and genetically engineered products, for biotechnology, information technology, medical technology, or environmental technology, or for the research and development of engineering or for computer technology related to any of the purposes for which the Commission may construct structures and improvements within the District. All such structures and improvements shall be erected and constructed in accordance with the Illinois Purchasing Act, to the same extent as if the Commission were a Code Department. The Commission shall administer and exercise ultimate authority with respect to the development and operation of a technology park, and any extensions or expansion thereof. In addition, the Commission may create a development area within the area of the District. Within any district development area the Commission may cause to be acquired or constructed commercial and other types of development, public and private, if the Commission determines that the commercial developments are ancillary to and necessary for the support of facilities within the District and any other purposes of the District, after a public hearing held by a commissioner or the person authorized by the Commission to conduct the hearing. The Commissioner or other authorized persons shall have the power to administer oaths and affirmations, take the testimony of witnesses, receive pertinent evidence, and certify the record of the hearing to the Commission. The record of the hearing shall become part of the Commissions records. Notice of the time, place, and purpose of the hearing shall be given by a single publication notice in a secular newspaper of general circulation in St. Clair County at least 10 days before the date of the hearing. Additionally, the Commission may sell, lease, develop, operate, and manage for any person, firm, partnership, or corporation, either public or private, all or any part of the land, buildings, facilities, equipment, or other property included in the District development area and any medical research and high technology park or the designated commercial development area upon the terms and conditions the Commission may deem advisable, and may enter into any contract or agreement with any person, firm, partnership, or corporation, either public or private, or any combination of the foregoing, as may be necessary or suitable for the creation, marketing, development, construction, reconstruction, rehabilitation, financing, operation and maintenance, and management of the District development area and any technology park or designated commercial development area; and may sell or lease to any person, firm, partnership, or corporation, either public or private, any part or all of the land, building, facilities, equipment, or other property of the park or the designated commercial development area upon the rentals, terms, and conditions as the Commission may deem advisable; and may finance all or part of the cost of the Commission's development and operation of the District development area as well as any park or the designated commercial development area, including the creation, marketing, development, purchase, lease, construction, reconstruction, rehabilitation, improvement, remodeling, addition to, extension, and maintenance of all or part of the high technology park or the designated commercial development area, and all equipment and furnishings, by legislative appropriations, government grants, contracts, private gifts, loans, bonds, receipts from the sale or lease of land for the operation of the District and any high technology park or the designated commercial development area, rentals, and similar receipts or other sources of revenue legally available for these purposes. The Commission also may defray the expenses of the operation of the District development area and technology park, improvements to the District development area and technology park, provision of shared services, common facilities and common area expenses, benefiting owners and occupants of property within the District development area and the technology park by general assessment, special assessment, or the imposition of service or user fees. As to the entities eligible to be members of the advisory District Member Council, such assessments or impositions may be undertaken only with District Member Council consent as provided in Section 75.

Section 30. Relocation assistance; mandatory acquisition of gift or voluntary purchase. The Commission may provide relocation assistance to persons and entities displaced by the Commission's acquisition of property and improvement of the District. The Commission is also authorized to acquire private real property by gift or voluntary purchase without the District if the Commission finds that the acquisition by gift or voluntary purchase is reasonably necessary to further and carry out the purposes of this Act.

Section 35. Borrowing money. To obtain the funds necessary for financing the acquisition of land, the acquisition of construction of any building, and for the operation of the District set forth in this Act, the Commission may borrow money from any public or private agency, department, corporation, or person. The Commission shall have no authority to issue bonds. The debts of the Commission shall not be the debts of the State of Illinois.

Section 40. Powers of the Department of Central Management Services concerning the District. The Department of Central Management Services shall exercise the same powers in regard to the Commission as it exercises for Code Departments under Section 405-15 of the Department of Central Management Services Law (20 ILCS 405/).

Section 45. Transfer of real property. The Commission may sell, convey, transfer, or lease any title or interest in real estate owned by it to any person or persons to be used, subject to the restrictions of this Act, for the purposes stated in Section 25, or for the purpose of serving persons using the facilities offered within the District or for carrying out of any aspect of the Commission's purpose as set forth in Section 10 of this Act, subject to any restrictions as to the use thereof that the Commission determines will carry out the purpose of this Act. To assure that the use of the real property so sold or leased is in accordance with the provisions of this Act, the Commission shall inquire into and satisfy itself concerning the financial ability of the purchaser to complete the project for which the real estate is sold or leased in accordance with a plan to be presented by the purchaser or lessee, which must be submitted, in writing, to the Commission. The purchaser or lessee shall under the plan undertake: (i) to use the land for the purposes designated in the plan so presented; (ii) to commence and complete the construction of the buildings or other structures to be included in the project within such periods of time as the Commission fixes as reasonable; and (iii) to comply with such other conditions as the Commission shall determine are necessary to carry out the project. Any real property sold by the Commission pursuant to the provisions of this Act shall be sold at its use value, which may be more or less than its acquisition cost and which represents the value at which the Commission determines, after a hearing by the Commission or by such person as the Commission designates to hold the hearing, the real property should be made available for sale or rental in order that it may be developed for the accomplishment of the purposes of this Act. In determining the use value of the real property, the Commission shall take into consideration whether or not said property is to be used by a wholly or partially tax supported body created under the laws of the State of Illinois, by any department of the State government or any political subdivision of the State, by a charitable institution, or by a private person or institution operating for profit; and the Commission shall also consider the contribution that the project will make toward the development of the District and the furtherance of the purposes of this Act in determining the use price, provided, however, that the Commission may convey the fee simple title to land acquired by it, without the payment of any consideration, to the State of Illinois, any political subdivision thereof, or to any body politic and corporate or public corporation created under the laws of the State of Illinois for the carrying out of any function of the State. At any hearing for the purpose of the Commission's making these determinations, an investigation must be made and any witnesses and documentary evidence examined that will have bearing on the use value of the property to be sold or leased. The Commission shall designate a Commissioner or other person of legal age to conduct the hearing, and the Commissioner or other person so designated by the Commission shall give reasonable notice to the interested parties of the time, place, and purpose for the holding of the hearing. The Commissioner or other person designated by the Commission to hold the hearing shall have the power to administer oaths and affirmations and shall cause to be taken the testimony of witnesses and the production of papers, books, records, accounts and documents; and the person so designated to hold the hearing shall certify to the Commission the record of the proceedings held before him or her in connection with the hearing. The record of proceedings shall become a part of the records of the Commission. All conveyances and leases authorized in this Section shall be on condition that, in the event of use for other than the purposes prescribed in this Act, or of nonuse for a period of one year, title to the property shall revert to the Commission. All conveyances and leases made by the Commission to any corporation or person for use of serving the residents or any person using the facilities offered within the District shall be on condition that in the event of violation of any of the restrictions as to the use thereof as the Commission shall have determined will carry out the purposes of this Act, that title to such property shall revert to the Commission. However, if the Commission 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 or building or improvement is subject to this reverter provision, which finding shall be made by the Commission after public hearing held pursuant to a single publication notice given in a secular newspaper of general circulation in Saint Clair County at least 10 days prior to the date of the hearing, such notice to specify the time, place and purpose for such hearing, and upon such finding being made, the Commission may cause the real property to be conveyed free of the reverter provision, provided that at least 6 members of the Commission vote in favor thereof. The Commission may also provide in the conveyances, leases, or other documentation provisions for notice of such violations or default and the cure thereof for the benefit of any lender or mortgagee as the Commission shall determine are appropriate. If, at a regularly scheduled meeting, the Commission resolves that a parcel of real estate 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 in nonuse for a period of one year, the Commission may file a lawsuit in the circuit court of the county in which the property is located to enforce the terms of the sale or lease. In the event a reverter of title to any property is ordered by the court pursuant to the terms of this Act, the interest of the Commission shall be subject to any then existing valid mortgage or trust deed in the nature of a mortgage, but in case the title is acquired through foreclosure of the mortgage or trust deed or by deed in lieu of foreclosure of the 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.

No conveyance of real property shall be executed by the Commission without the prior written approval of the Governor. Commission property leased or occupied by others for purposes permitted under this Act or Commission property held for redevelopment shall not constitute "property" for the purposes of the State Property Control Act.

Section 50. Notice of hearing for property transfer. Prior to the holding of any public hearing prescribed in Section 45 of this Act, or any meeting regarding the passage of any resolution to file a lawsuit, the Commission 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 Commission, or by any person authorized by the Commission to sign the same, setting forth any act or things done or omitted to be done in violation, or claimed to be in violation, of any restriction as to the use of the property, whether the restriction be prescribed in any of the terms of this Act or by any restriction as to the use of the property determined by the Commission pursuant to the terms of this Act. This notice of the time and place fixed for the proceeding shall also be given to any person or persons as the Commission shall deem necessary. The notice may be given by registered mail, addressed to the grantee, lessee, or to his or her legal representatives, successors or assigns, at the last known address of the grantee, lessee, or his or her legal representatives, successors, or assigns.

Section 55. Rules and regulations. The Commission may adopt reasonable and proper rules and regulations relative to the exercise of its powers, and proper rules to govern its proceedings, and to regulate the mode and manner of all hearings held by it or at its direction, and to alter and amend same.

Section 60. Copies of documents as evidence. Copies of all official documents, findings, and orders of the Commission, certified by a Commissioner or by the Secretary of the Commission to be true copies of the originals thereof, under the official seal of the commission, shall be evidence in like manner as the originals.

Section 65. Judicial review. Any party may obtain a judicial review of final orders or decision of the Commission in the circuit court of the county in which the property involved in such proceeding is situated, or if such property is situated in more than one county, then of any one of such counties, only under and in accordance with the provisions of the Administrative Review Law, and all existing and future amendments and modifications thereof, and the rules now or hereafter adopted pursuant thereto. The circuit court shall take judicial notice of all the rules of practice and procedure of the Commission.

Section 70. Public park. The Commission may set apart any part of the District as a park and may construct, control, and maintain the same or may provide by contract with the City of East Saint Louis, Saint Clair County, the State of Illinois, or the United States, for the construction, control and maintenance of any area within the District set apart as a park.

Section 75. Master plan; improvement and management of District; building regulations; zoning. The Commission shall prepare a comprehensive master plan for the orderly development of all property within the District. The Commission shall so improve and manage the District as to provide conditions most favorable for the special care and treatment of the sick and injured and for the study of disease and for any other purpose in Section 25 of this Act. The Commission shall, by ordinance, classify, regulate and restrict the location and construction of all buildings within the District, shall regulate the height and size of the buildings, determine the area of open space within and around the buildings, fix standards of construction, control and regulate additions to or alterations of existing buildings and prohibit the use of buildings and structures incompatible with the character of the District, to the end that adequate light, air, quietness, and safety from fire and from the communication of diseases and other dangers may be secured. Provided, that the power herein conferred shall not be so exercised as to deprive any owner of any existing property of its use or maintenance for the purpose to which it is now lawfully devoted nor to limit the expansion, design, location, maintenance, use, or occupancy of real property to be used by any governmental body, agency, or instrumentality in any manner set forth in this Section, provided that the property is devoted to any use or purpose permitted under this Act. Further provided, the power herein conferred shall not be exercised to restrict the use for any State or county purpose of any buildings existing within the District at the time of enactment and either owned, operated, or managed on behalf of the county or by the Department of Central Management Services or for which the Department of Central Management Services shall be otherwise responsible as provided by law.

The Commission shall request the City Council of the City of East Saint Louis to recommend appropriate zoning regulations for the District that co-ordinate with the zoning of the surrounding sections of the City of East Saint Louis. If, at the end of 60 days following this request, an ordinance has not been submitted to the Commission, the Commission may prepare a zoning ordinance either with or without the advice of the City Council. When the zoning ordinance is ready for adoption, the Commission shall cause notice of a public hearing to be posted in at least 4 conspicuous places within the District, at least 10 days before the date of the hearing. It shall also publish notice of the hearing in some newspaper of general circulation in Saint Clair County for 3 consecutive days. The hearing shall be held not earlier than 10 days after the date of the last publication. Both types of notice shall contain the time and place of the hearing and the place where copies of the proposed ordinance may be examined. The hearing shall be held at the time and place specified and shall be adjourned from time to time until all interested parties have had an opportunity to be heard. The Commission shall invite the City Council and City Manager to attend the hearing and shall ask for suggestions of the City Council and Manager as to the modification of the proposed ordinance. After the adoption of the zoning ordinance or any other proper ordinance of the Commission, it may institute any appropriate action to prevent or abate any unlawful act within the District. Any government body, agency, or instrumentality owning or occupying property within the District may consent to be bound in whole or in part by the provisions of the master plan or development ordinance adopted by the Commission. The Commission must establish an advisory council of 2 representatives of each of the major District members owning or occupying facilities within the District, with major members to be determined by regulations of the Commission. Council members shall be appointed by and serve at the pleasure of their respective governing boards. The council may assist the Commission in the fulfillment of its statutory purposes and responsibilities and the maintenance of the District. At the Commission's request, the council may review and make recommendations to the Commission with respect to the comprehensive master plan to be adopted by the Commission or any plan of development or occupancy of its facilities within the District presented to the Commission by any governmental body, agency, or instrumentality. The Commission may upon a unanimous request of the council provide for shared services and facilities within the District for members of the council. The Commission may provide, contract, and construct facilities and charge and collect fees necessary to supply these shared services and facilities so approved. The Commission may utilize any powers specified within this Act regardless of geographic boundary for or in support of a specific project, activity, or development if that request is made by a unanimous recommendation of all of the members of the member council.

Section 80. Jurisdiction and power of City of East St. Louis; tax exemption for Commission property; condemnation of Commission property. This Act shall not be construed to limit the jurisdiction of the City of East Saint Louis to territory outside the limits of the District nor to impair any power now possessed by or hereafter granted to the City of East Saint Louis or to cities generally except that those are expressly granted to the Commission by Section 75 of this Act.

The property of the Commission shall be exempt from taxation, and shall be subject to condemnation by the State and any municipal corporation or agency of the State for any State or municipal purpose under the provisions for the exercise of the right of eminent domain under Article VII of the Code of Civil Procedure, as amended.

Section 85. Disposition of moneys; income fund. All money received by the Commission from the sale or lease of any property, in excess of any amount expended by the Commission for authorized purposes under this Act or as may be necessary to satisfy the obligation of any revenue bond issued pursuant to Section 35, shall be paid into the State Treasury for deposit into the Mid-America Medical District Income Fund provided, however, that the Commission is authorized to use all money received as rentals for the purposes of planning, acquisition, and development of property within the District and operation, maintenance and improvement of property of the Commission and for all purposes and powers set forth in this Act. Upon enactment, not later than July 10 of each year, the Commission shall transmit to the State Treasurer for deposit into the Fund all moneys on hand at June 30 in excess of $500,000 without deduction or offset of any kind, except that the Commission may retain such additional funds as are necessary to pay enforceable contractual obligations existing as of June 30 and that will be paid not later than September 30 of that year. All moneys retained for the payment of these obligations and not paid out by September 30, shall be remitted in full to the State Treasury, without deduction or offset of any kind, not later than October 10 of the same year. All money held pursuant to this Section shall be maintained in a depository approved by the State Treasurer. The Auditor General shall, at least biennially, audit or cause to be audited all records and accounts of the Commission pertaining to the operation of the District.

Section 90. Severability. If any provision of this Act is held invalid, that provision shall be deemed to be excised from this Act and the invalidity of that provision shall not affect any of the other provisions of this Act. If the application of any provision of this Act to any person or circumstance is held invalid, it shall not affect the application of such provision to persons or circumstances other than those as to which it is held invalid.

Section 905. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Mid-America Medical District Income Fund.".