Full Text of HB1888 97th General Assembly
HB1888enr 97TH GENERAL ASSEMBLY |
| | HB1888 Enrolled | | LRB097 06055 RLJ 46128 b |
|
| 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 | | Roseland Community Medical District Act. | 6 | | Section 5. Creation of District. There is created a medical | 7 | | center district, the Roseland Community Medical District, | 8 | | whose boundaries are West 110th Street on the North from South | 9 | | Stewart Avenue on the West to South Michigan Avenue on the East | 10 | | and West 112th Street and East 112th Street on the South. The | 11 | | District is created to attract and retain academic centers of | 12 | | excellence, viable health care facilities, medical research | 13 | | facilities, emerging high technology enterprises, and other | 14 | | facilities and uses as permitted by this Act. | 15 | | Section 10. The Roseland Community Medical District | 16 | | Commission. | 17 | | (a) There is created a body politic and corporate under the | 18 | | corporate name of the Roseland Community Medical District | 19 | | Commission whose general purpose, in addition to and not in | 20 | | limitation of those purposes and powers set forth in this Act, | 21 | | is to: | 22 | | (1) maintain the proper surroundings for a medical |
| | | HB1888 Enrolled | - 2 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | center and a related technology center in order to attract, | 2 | | stabilize, and retain within the District hospitals, | 3 | | clinics, research facilities, educational facilities, or | 4 | | other facilities permitted under this Act; and | 5 | | (2) provide for the orderly creation, maintenance, | 6 | | development, and expansion of (i) health care facilities | 7 | | and other ancillary or related facilities that the | 8 | | Commission may from time to time determine are established | 9 | | and operated (A) for any aspect of the carrying out of the | 10 | | Commission's purposes as set forth in this Act, (B) for the | 11 | | study, diagnosis, and treatment of human ailments and | 12 | | injuries, whether physical or mental, or (C) to promote | 13 | | medical, surgical, and scientific research and knowledge | 14 | | as permitted under this Act; and (ii) medical research and | 15 | | high technology parks, together with the necessary lands, | 16 | | buildings, facilities, equipment, and personal property | 17 | | for those parks. | 18 | | (b) The Commission has perpetual succession and the power | 19 | | to contract and be contracted with, to sue and be sued except | 20 | | in tort actions, to plead and be impleaded, to have and use a | 21 | | common seal, and to alter the same at pleasure. All tort | 22 | | actions against the Commission shall be prosecuted in the Court | 23 | | of Claims. The principal office of the Commission shall be | 24 | | located at the Roseland Community Hospital. The Commission | 25 | | shall obtain any personnel as the Commission deems advisable to | 26 | | carry out the purposes of this Act and the work of the |
| | | HB1888 Enrolled | - 3 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | Commission. | 2 | | (c) The Commission shall consist of 9 appointed members and | 3 | | 3 ex officio members. Three members shall be appointed by the | 4 | | Governor. Three members shall be appointed by the Mayor of the | 5 | | City of Chicago. Three members shall be appointed by the | 6 | | Chairman of the County Board of Cook County. All appointed | 7 | | members shall hold office for a term of 3 years ending on | 8 | | December 31, and until their successors are appointed and have | 9 | | qualified; except that of the initial appointed members, each | 10 | | appointing authority shall designate one appointee to serve for | 11 | | a term ending December 31, 2011, one appointee to serve for a | 12 | | term ending December 31, 2012, and one appointee to serve for a | 13 | | term ending December 31, 2013.
The Director of Commerce and | 14 | | Economic Opportunity or his or her designee, the Director of | 15 | | Public Health or his or her designee, and the Secretary of | 16 | | Human Services or his or her designee shall serve as ex officio | 17 | | members.
| 18 | | (d) Any vacancy in the appointed membership of the | 19 | | Commission occurring by reason of the death, resignation, | 20 | | disqualification, removal, or inability or refusal to act of | 21 | | any of the members of the Commission shall be filled by the | 22 | | authority that appointed the particular member, and for the | 23 | | unexpired term of office of that particular member.
| 24 | | (e) The Commission shall hold regular meetings annually for | 25 | | the election of a President, Vice President, Secretary, and | 26 | | Treasurer, for the adoption of a budget, and for any other |
| | | HB1888 Enrolled | - 4 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | business as may properly come before it. The Commission shall | 2 | | establish the duties and responsibilities of its officers by | 3 | | rule. The President or any 3 members of the Commission may call | 4 | | special meetings of the Commission. Each commissioner shall | 5 | | take an oath of office for the faithful performance of his or | 6 | | her duties. The Commission may not transact business at a | 7 | | meeting of the Commission unless there is present at the | 8 | | meeting a quorum consisting of at least 7 commissioners. | 9 | | Meetings may be held by telephone conference or other | 10 | | communications equipment by means of which all persons | 11 | | participating in the meeting can communicate with each other.
| 12 | | (f) The Commission shall submit to the General Assembly, | 13 | | not later than March 1 of each odd numbered year, a detailed | 14 | | report covering its operations for the 2 preceding calendar | 15 | | years and a statement of its program for the next 2 years. | 16 | | The requirement for reporting to the General Assembly shall | 17 | | be satisfied by filing copies of the report with the Speaker, | 18 | | the Minority Leader, and the Clerk of the House of | 19 | | Representatives; the President, the Minority Leader, and the | 20 | | Secretary of the Senate; the Legislative Research Unit as | 21 | | required by Section 3.1 of the General Assembly Organization | 22 | | Act; and the State Government Report Distribution Center for | 23 | | the General Assembly as is required under paragraph (t) of | 24 | | Section 7 of the State Library Act.
| 25 | | (g) The Auditor General shall conduct audits of the | 26 | | Commission in the same manner as the Auditor General conducts |
| | | HB1888 Enrolled | - 5 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | audits of State agencies under the Illinois State Auditing Act.
| 2 | | (h) Neither the Commission nor the District have any power | 3 | | to tax.
| 4 | | (i) The Commission is a public body and subject to the Open | 5 | | Meetings Act and the Freedom of Information Act.
| 6 | | Section 15. Grants; loans; contracts. The Commission may | 7 | | apply for and accept grants, loans, or appropriations from the | 8 | | State of Illinois, the federal government, any State or federal | 9 | | agency or instrumentality, any unit of local government, or any | 10 | | other person or entity to be used for any of the purposes of | 11 | | the District. The Commission may enter into any agreement with | 12 | | the State of Illinois, the federal government, any State or | 13 | | federal instrumentality, any unit of local government, or any | 14 | | other person or entity in relation to the grants, matching | 15 | | grants, loans, or appropriations. The Commission also may, by | 16 | | contractual agreement, accept and collect assessments or fees | 17 | | from entities that enter into such a contractual agreement for | 18 | | District enhancement and improvements, common area shared | 19 | | services, shared facilities, or other activities or | 20 | | expenditures in furtherance of the purposes of this Act. The | 21 | | Commission may make grants to neighborhood organizations | 22 | | within the District for the purpose of benefitting the Medical | 23 | | District. | 24 | | Section 20. Property; acquisition. The Commission is |
| | | HB1888 Enrolled | - 6 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | authorized to acquire the fee simple title to real property | 2 | | lying within the District and personal property required for | 3 | | its purposes, by gift, purchase, or otherwise. Title shall be | 4 | | taken in the corporate name of the Commission. The Commission | 5 | | may acquire by lease any real property located within the | 6 | | District and personal property found by the Commission to be | 7 | | necessary for its purposes and to which the Commission finds | 8 | | that it need not acquire the fee simple title for carrying out | 9 | | of those purposes. All real and personal property within the | 10 | | District, except that owned and used for purposes authorized | 11 | | under this Act by medical institutions or allied educational | 12 | | institutions, hospitals, dispensaries, clinics, dormitories or | 13 | | homes for the nurses, doctors, students, instructors, or other | 14 | | officers or employees of those institutions located in the | 15 | | District, or any real property that is used for offices or for | 16 | | recreational purposes in connection with those institutions, | 17 | | or any improved residential property within a historical | 18 | | district properly designated under a federal statute or a State | 19 | | or local statute that has been certified by the Secretary of | 20 | | the Interior of the United States to the Secretary of the | 21 | | Treasury of the United States as containing criteria that will | 22 | | substantially achieve the purpose of preserving and | 23 | | rehabilitating buildings of historical significance to the | 24 | | District, may be acquired by the Commission in its corporate | 25 | | name under the provisions for the exercise of the right of | 26 | | eminent domain under the Eminent Domain Act. The Commission has |
| | | HB1888 Enrolled | - 7 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | no quick take powers, no zoning powers, and no power to | 2 | | establish or enforce building codes. The Commission may not | 3 | | acquire any property pursuant to this Section before a | 4 | | comprehensive master plan has been approved under Section 60. | 5 | | Property owned by and exclusively used by the Commission shall | 6 | | be exempt from taxation. | 7 | | Section 25. Construction. The Commission may, in its | 8 | | corporate capacity, construct or cause to be constructed within | 9 | | the District hospitals, sanitariums, clinics, laboratories, or | 10 | | any other institution, building, or structure or other | 11 | | ancillary or related facilities that the Commission may, from | 12 | | time to time, determine are established and operated (i) for | 13 | | the carrying out of any aspect of the Commission's purposes as | 14 | | set forth in this Act, for the study, diagnosis, and treatment | 15 | | of human ailments and injuries, whether physical or mental, or | 16 | | to promote medical, surgical, and scientific research and | 17 | | knowledge, for any uses the Commission shall determine will | 18 | | support and nurture facilities and uses permitted by this Act, | 19 | | or for any nursing, extended care, or other facilities as the | 20 | | Commission shall find useful in the study of, research in, or | 21 | | treatment of illnesses or infirmities peculiar to aged people, | 22 | | after a public hearing to be held by any commissioner or other | 23 | | person authorized by the Commission to conduct the hearing, the | 24 | | commissioner or other person has the power to administer oaths | 25 | | and affirmations and take the testimony of witnesses and |
| | | HB1888 Enrolled | - 8 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | receive any documentary evidence as shall be pertinent, the | 2 | | commissioner or other person shall certify to the Commission | 3 | | the record of the hearing, the record shall become part of the | 4 | | records of the Commission, notice of the time, place, and | 5 | | purpose of the hearings to be given by a single publication | 6 | | notice in a secular newspaper of general circulation in Cook | 7 | | County at least 10 days before the date of the hearing, or (ii) | 8 | | for any institutions that engage in the training, education, or | 9 | | rehabilitation of persons who by reason of illness or physical | 10 | | infirmity are wholly or partially deprived of their powers of | 11 | | vision or hearing or of the use of any other part or parts of | 12 | | their bodies as to prevent them from pursuing normal activities | 13 | | of life, for office buildings for physicians or dealers in | 14 | | medical accessories, for dormitories, homes, or residences for | 15 | | the medical profession, including interns, nurses, students, | 16 | | or other officers or employees of the institutions within the | 17 | | District, for the use of relatives of patients in the hospitals | 18 | | or other institutions within the District, for the | 19 | | rehabilitation or establishment of residential structures | 20 | | within a historic district properly designated under a federal | 21 | | statute or a State or local statute that has been certified by | 22 | | the Secretary of the Interior of the United States to the | 23 | | Secretary of the Treasury of the United States as containing | 24 | | criteria that will substantially achieve the purpose of | 25 | | preserving and rehabilitating buildings of historic | 26 | | significance to the District, or any other areas of the |
| | | HB1888 Enrolled | - 9 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | District as the Commission shall designate, for research, | 2 | | development, and resultant production in any of the fields of | 3 | | medicine, chemistry, pharmaceuticals, physics, and genetically | 4 | | engineered products, for biotechnology, information | 5 | | technology, medical technology, or environmental technology, | 6 | | for the research and development of engineering, or for | 7 | | computer technology related to any of the purposes for which | 8 | | the Commission may construct structures and improvements | 9 | | within the District. All structures and improvements shall be | 10 | | erected and constructed in accordance with the provisions of | 11 | | the Illinois Procurement Code that apply to State agencies. No | 12 | | construction may be undertaken pursuant to this Section before | 13 | | a comprehensive master plan has been approved under Section 60. | 14 | | Section 30. Relocation assistance. The Commission may | 15 | | provide relocation assistance to persons and entities | 16 | | displaced by the Commission's acquisition of property and | 17 | | improvement of the District. Relocation assistance shall not be | 18 | | less than that provided under the federal Uniform Relocation | 19 | | Assistance and Real Property Acquisition Policies Act of 1970 | 20 | | and the regulations under that Act, including the eligibility | 21 | | criteria. Relocation assistance may include assistance with | 22 | | the moving of a residential unit to a new location. The | 23 | | Commission shall establish a single point of contact for all | 24 | | relocation assistance under this Section. |
| | | HB1888 Enrolled | - 10 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | Section 35. Power to sell or lease. The Commission may | 2 | | sell, convey, transfer, or lease, all at fair market value, any | 3 | | title or interest in real property owned by it to any person or | 4 | | persons, to be used, subject to the restrictions of this Act, | 5 | | for the purposes stated in Section 25, for the purpose of | 6 | | serving persons using the facilities offered within the | 7 | | District, or for carrying out of any aspect of the Commission's | 8 | | purposes as set forth in Section 10 of this Act, subject to the | 9 | | restrictions as to the use of the real property as the | 10 | | Commission determines will carry out the purpose of this Act. | 11 | | To assure that the use of the real property sold or leased | 12 | | under this Section is in accordance with the provisions of this | 13 | | Act, the Commission shall inquire into and satisfy itself | 14 | | concerning the financial ability of the purchaser to complete | 15 | | the project for which the real property is sold or leased in | 16 | | accordance with a plan to be presented by the purchaser or | 17 | | lessee, which plan shall be submitted, in writing, to the | 18 | | Commission. Under the plan, the purchaser or lessee shall | 19 | | undertake (i) to use the land for the purposes designated in | 20 | | the presented plan; (ii) to commence and complete the | 21 | | construction of the buildings or other structures to be | 22 | | included in the project within the periods of time as the | 23 | | Commission fixes as reasonable; and (iii) to comply with any | 24 | | other conditions as the Commission shall determine are | 25 | | necessary to carry out the project. All conveyances and leases | 26 | | authorized in this Section shall be on condition that, in the |
| | | HB1888 Enrolled | - 11 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | event of use for other than the purposes prescribed in this | 2 | | Act, or of nonuse for a period of one year, title to the | 3 | | property reverts to the Commission. All conveyances and leases | 4 | | made by the Commission to any corporation or person for the use | 5 | | of serving the residents or any person using the facilities | 6 | | offered within the District shall be on condition that in the | 7 | | event of violation of any of the restrictions as to the use of | 8 | | the property as the Commission shall have determined will carry | 9 | | out the purposes of this Act, that title to the property | 10 | | reverts to the Commission. If, however, the Commission finds | 11 | | that financing necessary for the acquisition or lease of any | 12 | | real estate or for the construction of any building or | 13 | | improvement to be used for purposes prescribed in this Act | 14 | | cannot be obtained if title to the land, building, or | 15 | | improvement is subject to such a reverter provision, the | 16 | | finding shall be made by the Commission after a public hearing | 17 | | held pursuant to a single publication notice given in a secular | 18 | | newspaper of general circulation in Cook County at least 10 | 19 | | days before the date of the hearing, the notice to specify the | 20 | | time, place, and purpose for the hearing, and upon that finding | 21 | | being made, the Commission may cause the real property to be | 22 | | conveyed free of a reverter provision, provided that at least 7 | 23 | | members of the Commission vote in favor thereof. The Commission | 24 | | may also provide in the conveyances, leases, or other | 25 | | documentation provisions for notice of such violations or | 26 | | default and the cure thereof for the benefit of any lender or |
| | | HB1888 Enrolled | - 12 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | mortgagee as the Commission shall determine are appropriate. | 2 | | If, at a regularly scheduled meeting, the Commission resolves | 3 | | that a parcel of real estate leased by it, or in which it has | 4 | | sold the fee simple title or any lesser estate, is not being | 5 | | used for the purposes prescribed in this Act or has been in | 6 | | nonuse for a period of one year, the Commission may file a | 7 | | lawsuit in the circuit court of Cook County to enforce the | 8 | | terms of the sale or lease. If a reverter of title to any | 9 | | property is ordered by the court under the terms of this Act, | 10 | | the interest of the Commission shall be subject to any then | 11 | | existing valid mortgage or trust deed in the nature of a | 12 | | mortgage, but if the title is acquired through foreclosure of | 13 | | that mortgage or trust deed or by deed in lieu of foreclosure | 14 | | of that mortgage or trust deed, then the title to the property | 15 | | shall not revert, but shall be subject to the restrictions as | 16 | | to use, but not any penalty for nonuse, contained in this Act | 17 | | with respect to any mortgagee in possession or its successor or | 18 | | assigns. | 19 | | The Commission may not sell, convey, transfer, or lease any | 20 | | property pursuant to this Section before a comprehensive master | 21 | | plan has been approved under Section 60. | 22 | | Section 40. Notice. Before holding any public hearing | 23 | | prescribed in Section 35 of this Act, or any meeting regarding | 24 | | the passage of any resolution to file a lawsuit, the Commission | 25 | | shall give notice to the grantee or lessee, or his or her legal |
| | | HB1888 Enrolled | - 13 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | representatives, successors, or assigns, of the time and place | 2 | | of the proceeding. The notice shall be accompanied by a | 3 | | statement signed by the secretary of the Commission, or by any | 4 | | person authorized by the Commission to sign the same, setting | 5 | | forth any act or things done or omitted to be done in | 6 | | violation, or claimed to be in violation, of any restriction as | 7 | | to the use of the property, whether the restriction is | 8 | | prescribed in any of the terms of this Act or by any | 9 | | restriction as to the use of the property determined by the | 10 | | Commission under the terms of this Act. The notice of the time | 11 | | and place fixed for the proceeding shall also be given to any | 12 | | person or persons as the Commission shall deem necessary. The | 13 | | notice may be given by registered mail, addressed to the | 14 | | grantee, lessee, or legal representatives, successors, or | 15 | | assigns, at the last known address of the grantee, lessee, or | 16 | | legal representatives, successors, or assigns. | 17 | | Section 45. Rules. The Commission may adopt reasonable and | 18 | | proper rules, in accordance with the Illinois Administrative | 19 | | Procedure Act, relative to the exercise of its powers, and | 20 | | proper rules to govern its proceedings, to regulate the mode | 21 | | and manner of all hearings held by it or at its direction, and | 22 | | to alter and amend those rules. | 23 | | Section 50. Official documents. Copies of all official | 24 | | documents, findings, and orders of the Commission, certified by |
| | | HB1888 Enrolled | - 14 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | a commissioner or by the secretary of the Commission to be true | 2 | | copies of the originals, under the official seal of the | 3 | | Commission, shall be evidence in like manner as the originals. | 4 | | Section 55. Judicial review. Any party may obtain a | 5 | | judicial review of a final order or decision of the Commission | 6 | | in the circuit court of Cook County only under and in | 7 | | accordance with the provisions of the Administrative Review Law | 8 | | and the rules adopted under that Law. The circuit court shall | 9 | | take judicial notice of all the rules of practice and procedure | 10 | | of the Commission. | 11 | | Section 60. Master plan; improvement and management of | 12 | | District. The Commission shall prepare and approve a | 13 | | comprehensive master plan for the orderly development and | 14 | | management of all property within the District. The master | 15 | | plan, and any amendment to the master plan, shall not take | 16 | | effect, however, until it has been approved by the Board of the | 17 | | Roseland Community Medical District. The Commission shall take | 18 | | the actions permitted to be taken by it under this Act as it | 19 | | may determine are appropriate to provide conditions most | 20 | | favorable for the special care and treatment of the sick and | 21 | | injured, for the study of disease, and for any other purpose | 22 | | set forth in Section 25 of this Act. In the master plan, the | 23 | | Commission may provide for shared services and facilities | 24 | | within the District for the accredited schools of medicine and |
| | | HB1888 Enrolled | - 15 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | the licensed non-profit acute care hospitals within the | 2 | | District. | 3 | | Section 65. Public hearing. The Commission shall conduct a | 4 | | public hearing prior to either acquiring through eminent domain | 5 | | under Section 20 of this Act real or personal property within | 6 | | the District or approving under Section 60 of this Act a | 7 | | comprehensive master plan. The Commission shall also conduct a | 8 | | public hearing whenever it is otherwise required by law to do | 9 | | so, and may conduct a public hearing whenever it may elect to | 10 | | do so. | 11 | | The Commission shall conduct the public hearing called by | 12 | | it in accordance with the requirements of the law mandating it, | 13 | | if any, or in accordance with the provisions of this Section if | 14 | | either the law mandating it is silent as to the procedures for | 15 | | its holding or if the Commission elects to hold a public | 16 | | hearing in the absence of any law mandating it. | 17 | | In the absence of any law, or of any procedures in any law, | 18 | | mandating the holding of a public hearing, the Commission may | 19 | | authorize a commissioner or other person of legal age to | 20 | | conduct a hearing. The commissioner or other authorized person | 21 | | has the power to: (i) administer oaths and affirmations, (ii) | 22 | | take the testimony of witnesses, (iii) take and receive the | 23 | | production of papers, books, records, accounts, and documents, | 24 | | (iv) receive pertinent evidence, and (v) certify the record of | 25 | | the hearing. The record of the hearing shall become part of the |
| | | HB1888 Enrolled | - 16 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | Commission's record. Notice of the time, place, and purpose of | 2 | | the hearing shall be given by a single publication notice in a | 3 | | secular newspaper of general circulation within Cook County at | 4 | | least 10 days before the date of the hearing. | 5 | | Section 70. Disposition of money; income fund. All money | 6 | | received by the Commission from the sale or lease of any | 7 | | property, in excess of the amount expended by the Commission | 8 | | for authorized purposes under this Act shall be paid into the | 9 | | State treasury for deposit into the Roseland Community Medical | 10 | | District Income Fund. The Commission is authorized to use all | 11 | | money received as rentals for the purposes of planning, | 12 | | acquisition, and development of property within the District, | 13 | | for the operation, maintenance, and improvement of property of | 14 | | the Commission, and for all purposes and powers set forth in | 15 | | this Act. All moneys held pursuant to this Section shall be | 16 | | maintained in a depository approved by the State Treasurer. The | 17 | | Auditor General shall, at least biennially, audit or cause to | 18 | | be audited all records and accounts of the Commission | 19 | | pertaining to the operation of the District. | 20 | | Section 75. Attorney General. The Attorney General of the | 21 | | State
of Illinois is the legal advisor to the Commission and | 22 | | shall prosecute or defend, as the case may be, all actions | 23 | | brought by or against the Commission.
|
| | | HB1888 Enrolled | - 17 - | LRB097 06055 RLJ 46128 b |
|
| 1 | | Section 90. The Eminent Domain Act is amended by adding | 2 | | Section 15-5-46 as follows: | 3 | | (735 ILCS 30/15-5-46 new) | 4 | | Sec. 15-5-46. Eminent domain powers in new Acts. The | 5 | | following provisions of law may include express grants of the | 6 | | power to acquire property by condemnation or eminent domain: | 7 | | Roseland Community Medical District Act; medical | 8 | | district; for general purposes. | 9 | | Section 100. The State Finance Act is amended by adding | 10 | | Section 5.786 as follows: | 11 | | (30 ILCS 105/5.786 new) | 12 | | Sec. 5.786. The Roseland Community Medical District Income | 13 | | Fund.
| 14 | | Section 999. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|