Full Text of SB0688 103rd General Assembly
SB0688ham001 103RD GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 4/27/2023
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| 1 | | AMENDMENT TO SENATE BILL 688
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 688 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Alexander/Pulaski Development and Medical Authority Act. | 6 | | Section 5. Purpose. The purposes of this Act are: | 7 | | (1) to facilitate and promote the redevelopment of | 8 | | vacant and underutilized commercial, industrial, and | 9 | | residential real property located throughout the City of | 10 | | Cairo and its surrounding areas, and to enhance the | 11 | | economic benefits generated by the former uses of the | 12 | | property with development that will attract new | 13 | | residences, senior and student housing, and commercial and | 14 | | industrial businesses, as well as to create new | 15 | | opportunities for economic development, sustainable | 16 | | initiatives, and affordable housing and employment for |
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| 1 | | residents in the community; and | 2 | | (2) to attract and retain academic centers of | 3 | | excellence, viable health
care facilities, medical | 4 | | research facilities, emerging high-technology | 5 | | enterprises, and other
facilities and uses as permitted by | 6 | | this Act. | 7 | | Section 10. Definitions. As used in this Act: | 8 | | "Authority" means the Alexander/Pulaski Development and | 9 | | Medical Authority
created by this Act. | 10 | | "Board" means the Board of Directors of the Authority. | 11 | | "Costs" means: the cost of purchase and construction of | 12 | | all lands and related improvements, together with the | 13 | | equipment and other property, rights, easements, and | 14 | | franchises acquired that are deemed necessary for the | 15 | | construction; the costs of environmental and other property | 16 | | and project related suits, studies, and analyses and | 17 | | subsequent clean-up activities necessary to qualify the area | 18 | | as needing no further remediation or pipe replacement or new | 19 | | installation; financing and title insurance and deed recording | 20 | | charges, delinquent property taxes; trust or interest costs | 21 | | with respect to revenue bonds, notes, and other evidences of | 22 | | indebtedness of the Authority prior to and during construction | 23 | | and for a period of 60 months after construction; engineering | 24 | | and legal expenses; the costs of plans, tax deed acquisition, | 25 | | land bank creation and acquisition, or deacquisition or |
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| 1 | | disposition of all real estate placed therein, credit | 2 | | enhancement vehicles, easements, specifications, surveys, and | 3 | | estimates of costs and other expenses necessary or incident to | 4 | | determining the feasibility or practicability of any project, | 5 | | together with such other expenses as may be reasonable or | 6 | | necessary or incident to the financing, insuring, acquisition, | 7 | | disposition, redevelopment, and construction of a specific | 8 | | project and the placing of the project in operation. | 9 | | "Financial aid" means the expenditure of Authority
funds | 10 | | or funds provided by the Authority through the issuance of its | 11 | | revenue bonds, notes, or other evidence of indebtedness, or | 12 | | grants from private or public entities for the development, | 13 | | construction, acquisition, or improvement of a project. | 14 | | "Governmental agency" means any federal, State, or local | 15 | | governmental body and any agency or instrumentality of the | 16 | | federal, State, or local governmental body, corporate or | 17 | | otherwise. | 18 | | "Lease agreement" means an agreement under which a
project | 19 | | acquired by the Authority by purchase, gift, or lease, or | 20 | | other valuable consideration is leased to any person or | 21 | | governmental agency that will use or cause the project to be | 22 | | used as a project upon terms providing for lease rental | 23 | | payments at least sufficient to pay, when due, the lessee's | 24 | | pro rata share of all principal and interest and premium, if | 25 | | any, on any revenue bonds, notes, or other evidences of | 26 | | indebtedness of the Authority issued with respect to the |
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| 1 | | project, providing for the maintenance, insurance, and | 2 | | operation of the project on terms satisfactory to the | 3 | | Authority, and providing for disposition of the project upon | 4 | | termination of the lease term, including purchase options or | 5 | | abandonment of the premises, with such other terms as may be | 6 | | deemed desirable by the Authority. | 7 | | "Loan agreement" means any agreement by which the
| 8 | | Authority agrees to loan the proceeds of its revenue bonds, | 9 | | notes, or other evidences of indebtedness issued with respect | 10 | | to a project to any person or governmental agency that will use | 11 | | or cause the project to be used as a project upon terms | 12 | | providing for loan repayment installments at least sufficient | 13 | | to pay, when due, the borrower's pro rata share of all | 14 | | principal of and interest and premium, if any, on any revenue | 15 | | bonds, notes, or other evidences of indebtedness of the | 16 | | Authority issued with respect to the project, providing for | 17 | | maintenance, insurance, and operation of the project on terms | 18 | | satisfactory to the Authority, and providing for other matters | 19 | | as may be deemed advisable by the Authority. | 20 | | "Person" includes, without limitation, an individual,
| 21 | | corporation, partnership, unincorporated association, and any | 22 | | other legal entity, including a trustee, receiver, assignee, | 23 | | or personal representative of the entity. | 24 | | "Project" means an industrial, commercial,
commercial | 25 | | mixed use, environmental justice, land conservancy, | 26 | | residential, or freight-oriented project or any combination |
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| 1 | | thereof if all uses fall within one of those categories, | 2 | | including, but not limited to, one or more buildings and other | 3 | | structures, improvements, machinery, and equipment, whether on | 4 | | the same site or adjacent to any land or lakes, buildings, | 5 | | machinery, or equipment comprising an addition to or | 6 | | renovation, rehabilitation, or improvement of any existing | 7 | | capital project. "Project" includes all site improvements, | 8 | | signage, access roads, lighting, curb cuts, and new | 9 | | construction involving infrastructure, including, but not | 10 | | limited to, roads, traffic management lights and directional | 11 | | signage, sidewalks, sewers, landscaping, and all appurtenances | 12 | | and facilities incidental thereto, such as utilities, access | 13 | | roads, railroad sidings, truck docking, and similar | 14 | | facilities, parking facilities, or related equipment and other | 15 | | improvements necessary or convenient thereto, solid waste and | 16 | | wastewater treatment and disposal sites and other pollution | 17 | | control facilities, resource or waste reduction, recovery, | 18 | | treatment, and disposal facilities, open spaces, | 19 | | conservancies, preserves, streets, highways. | 20 | | "Revenue bond" or "bond" means any bond issued by the
| 21 | | Authority under the supervision of the Illinois Finance | 22 | | Authority, the principal and interest of which are payable | 23 | | solely from revenues or income derived from any project or | 24 | | activity of the Authority. | 25 | | "Terminal" means a public place, station, or depot
for | 26 | | receiving and delivering passengers, baggage, mail, freight, |
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| 1 | | or express matter, and any combination thereof, in connection | 2 | | with the transportation of persons and property on land. | 3 | | "Terminal facilities" means all land, buildings,
| 4 | | structures, improvements, equipment, and appliances useful in | 5 | | the operation of public warehouse, storage, and transportation | 6 | | facilities and industrial, manufacturing, or commercial | 7 | | activities for the accommodation of or in connection with | 8 | | commerce by land. | 9 | | Section 15. Creation of Authority; Board members; | 10 | | officers. | 11 | | (a) The Alexander/Pulaski Development and Medical | 12 | | Authority is created as a political subdivision, body politic, | 13 | | and municipal corporation. | 14 | | (b) The jurisdiction of the Authority is created within | 15 | | Alexander County and Pulaski County as follows: | 16 | | (1) South boundary: the Mississippi River. | 17 | | (2) East boundary: the Ohio River. | 18 | | (3) North boundary: Modglin Road in Pulaski County in | 19 | | a line directly west to Illinois Route 127 and Modglin | 20 | | Road in a line directly east to the county line. | 21 | | (4) West boundary: Interstate 57 from the Mississippi | 22 | | River to Illinois Route 3, and then Illinois Route 3 to | 23 | | Olive Branch Road, and then Illinois Route 127 to the | 24 | | north boundary line. | 25 | | (c) The governing and administrative powers of the |
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| 1 | | Authority shall be vested in its Board of Directors consisting | 2 | | of 12 appointed members and
3 ex officio members. Of the | 3 | | members appointed, 3 shall be appointed by the
Governor, 3 | 4 | | shall be appointed by the Mayor of Cairo, 3 shall be appointed | 5 | | by the Alexander County Board Chairperson, and 3 shall be | 6 | | appointed by the Pulaski County Board Chairperson. All | 7 | | appointed
members shall hold office for a 3-year term ending | 8 | | on
December 31 until their successors are appointed and have
| 9 | | qualified; except that, of the initial appointed members, the | 10 | | Governor, Mayor, and county chairpersons shall each appoint | 11 | | one appointee for a term ending December 31, 2025, shall each | 12 | | appoint one appointee for a term ending December 31, 2026, and | 13 | | shall each appoint one appointee for a term ending December | 14 | | 31, 2027. The Director of Commerce and
Economic Opportunity or | 15 | | his or her designee, the Director of
Public Health or his or | 16 | | her designee, and the Secretary of
Human Services or his or her | 17 | | designee shall serve as ex officio
members. All persons | 18 | | appointed as members of the Board shall have recognized | 19 | | ability and experience in one or more of the following areas: | 20 | | economic development; finance; banking; industrial | 21 | | development; business management; real estate; community | 22 | | development; organized labor; civic, community, or | 23 | | neighborhood organization; or medical center, medical | 24 | | research, or
high-technology park organization or management. | 25 | | Vacancies shall be filled for the remainder of the term by | 26 | | the Mayor, Alexander County Board Chairperson, Pulaski County |
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| 1 | | Board Chairperson, or Governor depending upon which person or | 2 | | board made the appointment of the individual that left the | 3 | | Board. Each member appointed to the Board shall serve until | 4 | | his or her successor is appointed and accepted by majority | 5 | | vote of the members left after the vacancy occurs or the term | 6 | | expires and shall meet the professional background | 7 | | requirements under this subsection. | 8 | | (d) The Authority shall hold regular meetings annually for
| 9 | | the election of a Chairperson, Vice-Chairperson, Secretary, | 10 | | and
Treasurer, for the adoption of a budget, and for any other
| 11 | | business that may properly come before it. The Authority shall
| 12 | | establish the duties and responsibilities of its officers by
| 13 | | rule. The Chairperson or any 3 members of the Board may call
| 14 | | special meetings of the Authority. Each member shall
take an | 15 | | oath of office for the faithful performance of his or
her | 16 | | duties. Meetings may be held by telephone conference or other
| 17 | | communications equipment by means of which all persons
| 18 | | participating in the meeting can communicate with each other. | 19 | | (e) The appointing authority may remove any member of the | 20 | | Board that the authority appointed in case of incompetency, | 21 | | neglect of duty, or malfeasance in office. | 22 | | (f) Members of the Board shall serve without compensation | 23 | | for their services as members, but the Board may vote to | 24 | | compensate its members, and they also may be reimbursed for | 25 | | all necessary expenses incurred in connection with the | 26 | | performance of their duties as members. |
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| 1 | | (g) The Board may appoint an Executive Director, Associate | 2 | | Executive Director, General Counsel, Finance Director, and | 3 | | Chief Engineer who shall have a background and, when | 4 | | necessary, licensed credentials or certifications or academic | 5 | | degrees in administration, planning, real estate, economic | 6 | | development, finance, or law. The Executive Director shall | 7 | | hold office at the discretion of the Board, but a contract may | 8 | | be executed for a period of time of service as negotiated. The | 9 | | Executive Director shall be the chief administrative and | 10 | | operational officer of the Authority, shall direct and | 11 | | supervise its administrative affairs and general management, | 12 | | shall perform such other duties as may be prescribed from time | 13 | | to time by the Board, and shall receive compensation fixed by | 14 | | the Board. The Executive Director shall attend all meetings of | 15 | | the Board; however, no action of the Board or the Authority | 16 | | shall be invalid on account of the absence of the Executive | 17 | | Director from a meeting. The Board may engage the services of | 18 | | such other agents and employees, including planners, | 19 | | attorneys, appraisers, engineers, accountants, credit | 20 | | analysts, and other consultants, and may prescribe their | 21 | | duties and fix their compensation. | 22 | | (h) The Board shall meet on the call of its Chairperson or | 23 | | upon written, telephonic, or email notice of 3 members of the | 24 | | Board. | 25 | | (i) All official acts of the Authority shall require a | 26 | | quorum of 9 members and an affirmative vote of at least 7 of |
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| 1 | | the members of the Board present and voting at a meeting of the | 2 | | Board. | 3 | | (j) The Authority shall submit to the General Assembly,
| 4 | | not later than March 1 of each even numbered year, a detailed
| 5 | | report covering its operations for the 2 preceding calendar
| 6 | | years and a statement of its program for the next 2 years. | 7 | | (k) Neither the Authority nor the District has any power
| 8 | | to tax.
| 9 | | Section 20. Responsibilities of the Authority. | 10 | | (a) It is the duty of the Authority to promote development | 11 | | within its territorial jurisdiction. The Authority shall use | 12 | | the powers conferred on it by this Act to assist in the | 13 | | planning, development, acquisition, construction, and | 14 | | marketing of residential, industrial, commercial, or | 15 | | freight-oriented projects within its territorial jurisdiction. | 16 | | (b) The Authority may undertake
joint planning for | 17 | | property within its territorial jurisdiction that identifies | 18 | | and addresses its development, transportation, transit, | 19 | | zoning, workforce, and environmental priorities and | 20 | | objectives. | 21 | | (c) The Authority may assemble
and prepare parcels for | 22 | | development. | 23 | | (d) The Authority may oversee
environmental studies and | 24 | | remediation necessary to identify and remove any hazards or | 25 | | toxins that impede development. |
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| 1 | | (e) The Authority may develop,
construct, and improve, | 2 | | either under its own direction or through collaboration with | 3 | | any approved applicant, or to acquire through purchase or | 4 | | otherwise any project, using for that purpose the proceeds | 5 | | derived from its sale of revenue bonds, notes, or other | 6 | | evidence of indebtedness or governmental loans or grants, and | 7 | | to hold title in the name of the Authority to those projects. | 8 | | (f) The Authority may market the
Cairo development to | 9 | | prospective developers and businesses. | 10 | | (g) The Authority shall make its best effort to annex
| 11 | | parcels of unincorporated property that are subject to the | 12 | | jurisdiction of the Authority contiguous to the City of Cairo. | 13 | | (h) The Authority shall maintain relations with local
| 14 | | residents, industries, businesses, nonprofit organizations, | 15 | | elected and appointed officials, and other government and | 16 | | private entities as well as any other interested parties in | 17 | | the course of achieving its objectives and exercising its | 18 | | powers. | 19 | | Section 25. Powers. The Authority possesses all powers of | 20 | | a body corporate necessary and convenient to accomplish the | 21 | | purpose of this Act, including, without limitation, the | 22 | | following: | 23 | | (1) to enter into loans, contracts, agreements, and
| 24 | | mortgages in any matter connected with any of its | 25 | | corporate purposes and to invest its funds; |
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| 1 | | (2) to sue and be sued; | 2 | | (3) to employ agents and employees necessary to carry
| 3 | | out its purposes; | 4 | | (4) to have, use, and alter a common seal; | 5 | | (5) to adopt all needful ordinances, resolutions,
| 6 | | bylaws, rules, and regulations for the conduct of its | 7 | | business and affairs and for the management and use of the | 8 | | projects developed, constructed, acquired, and improved in | 9 | | furtherance of its purposes; | 10 | | (6) to designate the fiscal year for the Authority; | 11 | | (7) to accept and expend appropriations; | 12 | | (8) to have and exercise all powers and be subject to
| 13 | | all duties usually incident to boards of directors of | 14 | | corporations; | 15 | | (9) to acquire, own, lease, sell, or otherwise
dispose | 16 | | of interests in and to real property and improvements | 17 | | situated thereon and in personal property from any person, | 18 | | the State of Illinois, any municipal corporation, any unit | 19 | | of local government, the government of the United States, | 20 | | any agency or instrumentality of the United States, any | 21 | | body politic, or any county, whether the property is | 22 | | improved for the purposes of any prospective project or | 23 | | unimproved, useful, and necessary to fulfill the purposes | 24 | | of the Authority; | 25 | | (10) to acquire title to any project with respect to
| 26 | | which it exercises its authority; |
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| 1 | | (11) to engage in any activity or operation, including
| 2 | | brownfield remediation, which is incidental to and in | 3 | | furtherance of efficient operation to accomplish the | 4 | | Authority's primary purpose and be reasonable and | 5 | | necessary for the efficient function of the authority; | 6 | | (12) to acquire, own, construct, lease, operate, and
| 7 | | maintain, within its corporate limits, terminals and | 8 | | terminal facilities and to fix and collect just, | 9 | | reasonable, and nondiscriminatory charges for the use of | 10 | | those facilities; | 11 | | (13) to collect fees and charges in connection with
| 12 | | its loans, commitments, and services; | 13 | | (14) to use the charges and fees collected as
| 14 | | authorized under paragraphs (12) and (13) to defray the | 15 | | reasonable expenses of the Authority and to pay the | 16 | | principal and interest of any revenue bonds issued by the | 17 | | Authority; | 18 | | (15) to borrow money and issue revenue bonds, notes,
| 19 | | or other evidences of indebtedness under the supervision | 20 | | of the Illinois Finance Authority, as set forth under | 21 | | Section 825-13.1 of the Illinois Finance Authority Act; | 22 | | (16) to apply for and accept grants, loans, or
| 23 | | appropriations from the federal government, the State of | 24 | | Illinois, including the Illinois Environmental Protection | 25 | | Agency, a state or federal
agency or instrumentality, a | 26 | | unit of local government, or any
other person or entity to |
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| 1 | | be used for any of the purposes of
the District; | 2 | | (17) to accept donations, contributions, capital
| 3 | | grants or gifts from individuals, associations, and | 4 | | private corporations in aid of any purposes of this Act | 5 | | and to enter into agreements in connection therewith; | 6 | | (18) to enter into intergovernmental agreements with
| 7 | | the State of Illinois, any other state or local government | 8 | | of another state, the Illinois Finance Authority, the | 9 | | United States government, any agency or instrumentality of | 10 | | the United States, any unit of local government located | 11 | | within the territory of the Authority, or any other unit | 12 | | of government to the extent allowed by Section 10 of | 13 | | Article VII of the Illinois Constitution and the | 14 | | Intergovernmental Cooperation Act; | 15 | | (19) to petition any federal, state, municipal, or
| 16 | | local authority, and any unit of local government having | 17 | | jurisdiction in the premises for the adoption and | 18 | | execution of any physical improvement, change in method or | 19 | | system of handling freight, warehousing, docking, | 20 | | lightering, and transfer of freight which, in the opinion | 21 | | of the Authority, is designed to improve the handling of | 22 | | commerce in and through its territorial jurisdiction or | 23 | | improve terminal or transportation facilities therein; | 24 | | (20) to enter into agreements with businesses, form
| 25 | | public-private partnership entities and appropriate funds | 26 | | to such entities as needed to achieve the purpose of this |
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| 1 | | Act; | 2 | | (21) to share employees with other units of
| 3 | | government, including agencies of the United States, | 4 | | agencies of the State of Illinois, and agencies or | 5 | | personnel of any unit of local government; | 6 | | (22) to maintain the proper surroundings for a medical
| 7 | | center and a related technology center in order to | 8 | | attract,
stabilize, and retain within the District | 9 | | hospitals, clinics,
research facilities, educational | 10 | | facilities, or other
facilities permitted under this Act;
| 11 | | (23) to provide for the orderly creation, maintenance,
| 12 | | development, and expansion of (i) health care facilities
| 13 | | and other ancillary or related facilities that the
| 14 | | Authority determines are established
and operated (A) for | 15 | | any aspect of the carrying out of the
Authority's purposes | 16 | | as set forth in this Act, (B) for the
study, diagnosis, and | 17 | | treatment of human ailments and
injuries, whether physical | 18 | | or mental, or (C) to promote
medical, surgical, and | 19 | | scientific research and knowledge as
permitted under this | 20 | | Act, and (ii) medical research and
high-technology parks, | 21 | | together with the necessary lands,
buildings, facilities, | 22 | | equipment, and personal property
for those parks;
and | 23 | | (24) to make grants to neighborhood organizations
| 24 | | within the District for the purpose of benefiting the | 25 | | District. |
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| 1 | | Section 30. Eminent domain; tax-exempt property. | 2 | | (a) The Authority may acquire in its corporate
name, under | 3 | | the provisions for the exercise of the right of
eminent domain | 4 | | under the Eminent Domain Act, all real and personal property | 5 | | within the
District, except for (i) property owned and used | 6 | | for purposes authorized
under this Act by medical institutions | 7 | | or allied educational
institutions, hospitals, dispensaries, | 8 | | clinics, dormitories or
homes for the nurses, doctors, | 9 | | students, instructors, or other
officers or employees of those | 10 | | institutions located in the
District, (ii) real property that | 11 | | is used for offices or for
recreational purposes in connection | 12 | | with the institutions listed in (i),
or (iii) any improved | 13 | | residential property within a historical
district properly | 14 | | designated under a federal statute or a State
or local statute | 15 | | that has been certified by the Secretary of
the Interior of the | 16 | | United States to the Secretary of the
Treasury of the United | 17 | | States as containing criteria that will
substantially achieve | 18 | | the purpose of preserving and
rehabilitating buildings of | 19 | | historical significance to the
District. | 20 | | The Authority has
no quick-take powers, no zoning powers, | 21 | | and no power to
establish or enforce building codes. The | 22 | | Authority may not
acquire any property pursuant to this | 23 | | Section before a
comprehensive master plan has been approved | 24 | | under Section 95. | 25 | | (b) Property owned by and exclusively used by the | 26 | | Authority is exempt from taxation.
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| 1 | | Section 35. Limitations. If any of the Authority's powers | 2 | | are exercised within the jurisdictional limits of any | 3 | | municipality, then all of the ordinances of that municipality | 4 | | remain in full force and effect and are controlling. | 5 | | The Authority shall not issue any revenue bonds relating | 6 | | to the financing of a project located within the planning and | 7 | | subdivision control jurisdiction of any municipality or county | 8 | | unless: (1) notice, including a description of the proposed | 9 | | project and the financing therefor, is submitted to the | 10 | | corporate authorities of the municipality or, in the case of a | 11 | | proposed project in an unincorporated area, to the county | 12 | | board; and (2) the corporate authorities do not or, in the case | 13 | | of an unincorporated area, the county board does not, adopt a | 14 | | resolution disapproving the project within 45 days after | 15 | | receipt of the notice. | 16 | | Section 40. Revenue Bonds. | 17 | | (a) The Authority has the continuing power to issue | 18 | | revenue bonds, notes, or other evidences of indebtedness in an | 19 | | aggregate amount not to exceed $200,000,000 for the purpose of | 20 | | developing, constructing, acquiring, or improving projects, | 21 | | including those established by business entities locating or | 22 | | expanding property within the territorial jurisdiction of the | 23 | | Authority, for entering into venture capital agreements with | 24 | | businesses locating or expanding within the territorial |
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| 1 | | jurisdiction of the Authority, for acquiring and improving any | 2 | | property necessary and useful in connection therewith. The | 3 | | bonds must be issued under the supervision of the Illinois | 4 | | Finance Authority, as set forth under Section 825-13.1 of the | 5 | | Illinois Finance Authority Act. For the purpose of evidencing | 6 | | the obligations of the Authority to repay any money borrowed, | 7 | | the Authority may, pursuant to resolution, from time to time | 8 | | issue and dispose of its interest bearing revenue bonds, | 9 | | notes, or other evidences of indebtedness and may also from | 10 | | time to time issue and dispose of such bonds, notes, or other | 11 | | evidences of indebtedness to refund, at maturity, at a | 12 | | redemption date, or in advance of either, any revenue bonds, | 13 | | notes, or other evidences of indebtedness pursuant to | 14 | | redemption provisions or at any time before maturity. All such | 15 | | revenue bonds, notes, or other evidence of indebtedness shall | 16 | | be payable solely from the revenues or income to be derived | 17 | | from loans made with respect to projects, from the leasing or | 18 | | sale of the projects, or from any other funds available to the | 19 | | Authority for such purposes, including, when provided by | 20 | | ordinance of the Authority, authorizing the issuance of | 21 | | revenue bonds or notes. The revenue bonds, notes, or other | 22 | | evidences of indebtedness may bear such date or dates, may | 23 | | mature at such time or times not exceeding 40 years from their | 24 | | respective dates, may bear interest at such rate or rates not | 25 | | exceeding the maximum rate permitted by the Bond Authorization | 26 | | Act, may be in such form, may carry such registration |
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| 1 | | privileges, may be executed in such manner, may be payable at | 2 | | such place or places, may be made subject to redemption in such | 3 | | manner and upon such terms, with or without premium as is | 4 | | stated on the face thereof, may be authenticated in such | 5 | | manner, and may contain such terms and covenants as may be | 6 | | provided by an applicable resolution. | 7 | | (b) The holder or holders of any revenue bonds, notes, or | 8 | | other evidences of indebtedness issued by the Authority may | 9 | | bring suits at law or proceedings in equity to compel the | 10 | | performance and observance by any corporation or person or by | 11 | | the Authority or any of its agents or employees of any contract | 12 | | or covenant made with the holders of such revenue bonds, | 13 | | notes, or other evidences of indebtedness, to compel such | 14 | | corporation, person, the Authority, and any of its agents or | 15 | | employees to perform any duties required to be performed for | 16 | | the benefit of the holders of any such revenue bonds, notes, or | 17 | | other evidences of indebtedness by the provision of the | 18 | | resolution authorizing their issuance and to enjoin such | 19 | | corporation, person, the Authority, and any of its agents or | 20 | | employees from taking any action in conflict with any such | 21 | | contract or covenant. | 22 | | (c) If the Authority fails to pay the principal of or | 23 | | interest on any of the revenue bonds or premium, if any, as the | 24 | | same become due, a civil action to compel payment may be | 25 | | instituted in the appropriate circuit court by the holder or | 26 | | holders of the revenue bonds on which such default of payment |
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| 1 | | exists or by an indenture trustee acting on behalf of such | 2 | | holders. Delivery of a summons and a copy of the complaint to | 3 | | the Chairperson of the Board shall constitute sufficient | 4 | | service to give the circuit court jurisdiction of the subject | 5 | | matter of such a suit and jurisdiction over the Authority and | 6 | | its officers named as defendants for the purpose of compelling | 7 | | such payment. Any case, controversy, or cause of action | 8 | | concerning the validity of this Act relates to the revenue of | 9 | | the State of Illinois. | 10 | | (d) Notwithstanding the form and tenor of any such revenue | 11 | | bonds, notes, or other evidences of indebtedness and in the | 12 | | absence of any express recital on the face of any such revenue | 13 | | bond, note, or other evidence of indebtedness that it is | 14 | | nonnegotiable, all such revenue bonds, notes, and other | 15 | | evidences of indebtedness shall be negotiable instruments. | 16 | | Pending the preparation and execution of any such revenue | 17 | | bonds, notes, or other evidences of indebtedness, temporary | 18 | | revenue bonds, notes, or evidences of indebtedness may be | 19 | | issued as provided by ordinance. | 20 | | (e) To secure the payment of any or all of such revenue | 21 | | bonds, notes, or other evidences of indebtedness, the revenues | 22 | | to be received by the Authority from a lease agreement or loan | 23 | | agreement shall be pledged, and, for the purpose of setting | 24 | | forth the covenants and undertakings of the Authority in | 25 | | connection with the issuance thereof and the issuance of any | 26 | | additional revenue bonds, notes, or other evidences of |
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| 1 | | indebtedness payable from such revenues, income, or other | 2 | | funds to be derived from projects, the Authority may execute | 3 | | and deliver a mortgage or trust agreement. A remedy for any | 4 | | breach or default of the terms of any such mortgage or trust | 5 | | agreement by the Authority may be by mandamus proceedings in | 6 | | the appropriate circuit court to compel the performance and | 7 | | compliance therewith, but the trust agreement may prescribe by | 8 | | whom or on whose behalf the action may be instituted. | 9 | | (f) The revenue bonds or notes shall be secured as | 10 | | provided in the authorizing ordinance which may, | 11 | | notwithstanding any other provision of this Act, include in | 12 | | addition to any other security a specific pledge or assignment | 13 | | of and lien on or security interest in any or all revenues or | 14 | | money of the Authority from whatever source which may by law be | 15 | | used for debt service purposes and a specific pledge or | 16 | | assignment of and lien on or security interest in any funds or | 17 | | accounts established or provided for by ordinance of the | 18 | | Authority authorizing the issuance of such revenue bonds or | 19 | | notes. | 20 | | (g) The State of Illinois pledges to and agrees with the | 21 | | holders of the revenue bonds and notes of the Authority issued | 22 | | pursuant to this Section that the State will not limit or alter | 23 | | the rights and powers vested in the Authority by this Act to | 24 | | impair the terms of any contract made by the Authority with | 25 | | such holders or in any way impair the rights and remedies of | 26 | | such holders until such revenue bonds and notes, together with |
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| 1 | | interest thereon, with interest on any unpaid installments of | 2 | | interest, and all costs and expenses in connection with any | 3 | | action or proceedings by or on behalf of such holders, are | 4 | | fully met and discharged. The Authority is authorized to | 5 | | include these pledges and agreements of the State in any | 6 | | contract with the holders of revenue bonds or notes issued | 7 | | pursuant to this Section. | 8 | | (h) Under no circumstances shall any bonds issued by the | 9 | | Authority or any other obligation of the Authority be or | 10 | | become an indebtedness or obligation of the State of Illinois | 11 | | or of any other political subdivision of or municipality | 12 | | within the State, nor shall any such bond or obligation be or | 13 | | become an indebtedness of the Authority within the purview of | 14 | | any constitutional limitation or provision, and it shall be | 15 | | plainly stated on the face of each bond that it does not | 16 | | constitute such an indebtedness or obligation but is payable | 17 | | solely from the revenues or income as aforesaid. | 18 | | (i) For the purpose of financing a project pursuant to | 19 | | this Act, the Authority shall be authorized to apply for an | 20 | | allocation of tax-exempt bond financing authorization provided | 21 | | by Section 11143 of the Safe, Accountable, Flexible, Efficient | 22 | | Transportation Equity Act: A Legacy for Users (SAFETEA-LU), | 23 | | Public Law 109-59, as well as financing available under any | 24 | | other federal law or program. | 25 | | Section 45. Designation of depository. The Authority shall |
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| 1 | | biennially designate a national or State bank or banks as | 2 | | depositories of its money. Those depositories shall be | 3 | | designated only within the State and upon condition that bonds | 4 | | approved as to form and surety by the Authority and at least | 5 | | equal in amount to the maximum sum expected to be on deposit at | 6 | | any one time shall be first given by the depositories to the | 7 | | Authority, those bonds to be conditioned for the safekeeping | 8 | | and prompt repayment of the deposits. When any of the funds of | 9 | | the Authority shall be deposited by the treasurer in any such | 10 | | depository, the treasurer and the sureties on his official | 11 | | bond shall, to that extent, be exempt from liability for the | 12 | | loss of the deposited funds by reason of the failure, | 13 | | bankruptcy, or any other act or default of the depository. | 14 | | However, the Authority may accept assignments of collateral by | 15 | | any depository of its funds to secure the deposits to the same | 16 | | extent and conditioned in the same manner as assignments of | 17 | | collateral are permitted by law to secure deposits of the | 18 | | funds of any city. | 19 | | Section 50. Reports; Inspector General. The Authority | 20 | | shall, annually, submit a report of its finances to the | 21 | | Auditor General. The Authority shall annually submit a report | 22 | | of its activities to the Governor and to the General Assembly. | 23 | | The Authority may also create an office of the Inspector | 24 | | General to provide oversight and compliance with any of its | 25 | | regulatory policies. |
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| 1 | | Section 55. Dissolution of the Authority. The Authority is | 2 | | dissolved upon the last to occur of the following: (1) the | 3 | | expiration of the 15-year period that begins on the effective | 4 | | date of this Act; or (2) one year after the date that all | 5 | | revenue bonds, notes, and other evidence of indebtedness of | 6 | | the Authority have been fully paid and discharged or otherwise | 7 | | provided for. Upon the dissolution of the Authority, all of | 8 | | its rights and property shall pass to and be vested in the | 9 | | State of Illinois. | 10 | | Section 60. Medical construction and improvements. | 11 | | (a) The Authority may, within the District and in its
| 12 | | corporate capacity, construct or make improvements to, or | 13 | | cause to be constructed or improved, a hospital, sanitarium, | 14 | | clinic, laboratory, or
any other institution, building, | 15 | | structure, or ancillary or related facility that the Authority | 16 | | determines should be established and operated for any one or | 17 | | more of the following purposes: | 18 | | (1) carrying out of any aspect of the Authority's | 19 | | purposes and powers as
set forth in paragraph (2) of | 20 | | Section 5 and paragraphs (22) and (23) of Section 25; | 21 | | (2) studying, diagnosing, and treating human ailments | 22 | | and injuries, whether physical or mental, or
promoting | 23 | | medical, surgical, and scientific research and
knowledge; | 24 | | (3) supporting and nurturing facilities and uses |
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| 1 | | permitted by this Act; | 2 | | (4) providing a nursing facility, extended care | 3 | | facility, or other facilities that the
Authority finds | 4 | | useful in the study of, research in, or
treatment of | 5 | | illnesses or infirmities specific to the elderly;
| 6 | | (5) providing institutions that engage in the | 7 | | training, education, or
rehabilitation of persons with a | 8 | | disability, as that term is defined in Section 10 of the | 9 | | Disabilities Services Act of 2003; | 10 | | (6) providing office buildings for physicians or | 11 | | dealers in
medical accessories; | 12 | | (7) providing dormitories, homes, or residences for
| 13 | | the medical profession, including interns, nurses, | 14 | | students,
or other officers or employees of the | 15 | | institutions within the
District, or for the use of | 16 | | relatives of patients in the hospitals
or other | 17 | | institutions within the District; | 18 | | (8) rehabilitating or establishing of residential | 19 | | structures
within a historic district properly designated | 20 | | under a federal
statute or a State or local statute that | 21 | | has been certified by
the Secretary of the Interior of the | 22 | | United States to the
Secretary of the Treasury of the | 23 | | United States as containing
criteria that will | 24 | | substantially achieve the purpose of
preserving and | 25 | | rehabilitating buildings of historic
significance to the | 26 | | District, or any other areas of the
District as the |
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| 1 | | Authority may designate; | 2 | | (9) facilitating research,
development, and | 3 | | production, in any of the fields of
medicine, chemistry, | 4 | | pharmaceuticals, or physics, of genetically
engineered | 5 | | products; | 6 | | (10) providing biotechnology, information
technology, | 7 | | medical technology, or environmental technology; and
| 8 | | (11) researching and developing engineering or | 9 | | computer technology related to the medical field. | 10 | | The Authority may construct or improve, or cause to be | 11 | | constructed or improved, these institutions, buildings, | 12 | | structures, or ancillary or related facilities after a public | 13 | | hearing is held by any Board member or other
person authorized | 14 | | by the Authority to conduct the hearing. | 15 | | (b)
The Illinois Procurement Code applies to any | 16 | | construction or improvements undertaken pursuant to this | 17 | | Section, and the Authority shall conduct all procurements in a | 18 | | manner that is consistent with that Code. Construction or | 19 | | improvement may not be undertaken pursuant to this Section | 20 | | before
a comprehensive master plan has been approved by the | 21 | | Authority under Section 95.
| 22 | | Section 65. Relocation assistance. The Authority may
| 23 | | provide relocation assistance to persons and entities
| 24 | | displaced by the Authority's acquisition of property and
| 25 | | improvement of the District. Relocation assistance shall not |
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| 1 | | be
less than would be provided by the federal government to a | 2 | | displaced person under the federal Uniform Relocation
| 3 | | Assistance and Real Property Acquisition Policies Act of 1970
| 4 | | and the regulations promulgated under that Act. Relocation | 5 | | assistance may include assistance with
the moving of a | 6 | | residential unit to a new location. The
Authority shall | 7 | | identify an individual to serve as a single point of contact | 8 | | for information about
relocation assistance provided under | 9 | | this Section.
| 10 | | As used in this Section, "displaced person" has the | 11 | | meaning ascribed to that term in 42 U.S.C. 4601. | 12 | | Section 70. Disposition of property. | 13 | | (a) The Authority may
sell, convey, or lease, all at fair | 14 | | market value, any
title or interest in real property owned by | 15 | | it to any person or
persons to be used, subject to the | 16 | | restrictions of this Act,
for the purposes stated in this Act, | 17 | | for the purpose of
serving persons using the facilities | 18 | | offered within the
District, or for carrying out of any aspect | 19 | | of the Authority's
purposes under this Act, subject to the
| 20 | | restrictions on the use of the real property as the
Authority | 21 | | determines will carry out the purpose of this Act.
To ensure | 22 | | that real property sold, conveyed, or leased
under this | 23 | | subsection is used in accordance with this Act, the Authority | 24 | | shall inquire into and satisfy itself
concerning the financial | 25 | | ability of the purchaser, conveyee, or lessee to complete
the |
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| 1 | | project for which the real property is sold, conveyed, or | 2 | | leased in
accordance with a written plan to be submitted by the | 3 | | purchaser, conveyee, or
lessee to the
Authority. Under the | 4 | | plan, the purchaser, conveyee, or lessee shall
promise (i) to | 5 | | use the land for the purposes designated in
the presented | 6 | | plan, (ii) to commence and complete the
construction of the | 7 | | buildings or other structures to be
included in the project | 8 | | within the periods of time that the
Authority determines, and | 9 | | (iii) to comply with any
other conditions that the Authority | 10 | | determines are
necessary to carry out the project. | 11 | | All sales, conveyances, and leases
authorized in this | 12 | | subsection shall be made on the condition that, if used other | 13 | | than for the purposes prescribed in this
Act, or unused for a | 14 | | period of at least one year, title to the
property reverts to | 15 | | the Authority. All sales, conveyances, and leases
made by the | 16 | | Authority to any person for use
by residents or any other | 17 | | person shall be on the condition that if the resident or other | 18 | | person violates any of the restrictions as to the use of
the | 19 | | property as the Authority has determined will carry
out the | 20 | | purposes of this Act, then title to the property
reverts to the | 21 | | Authority. If, however, the Authority finds
that financing | 22 | | necessary for the acquisition or lease of any
real estate or | 23 | | for the construction of any building or
improvement to be used | 24 | | for purposes prescribed in this Act
cannot be obtained if | 25 | | title to the land, building, or
improvement is subject to such | 26 | | a reverter provision, the
finding shall be made by the |
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| 1 | | Authority after a public hearing is
held. Upon the finding
| 2 | | being made, the Authority may cause the real property to be
| 3 | | conveyed free of a reverter provision if at least 9
Board | 4 | | members vote in favor of the sale, conveyance, or lease | 5 | | without the reverter provision. The Authority
may also | 6 | | include, in the sales agreement, conveyance, lease agreement, | 7 | | or other
documentation, provisions for notice of the | 8 | | violations or
default and how to cure violations or default | 9 | | for the benefit of any lender or
mortgagee as the Authority may | 10 | | determine is appropriate.
| 11 | | If, at a regularly scheduled meeting, the Authority | 12 | | resolves
that a parcel of real estate conveyed or leased by it, | 13 | | or in which it has
sold the fee simple title or any lesser | 14 | | estate, is not being
used for the purposes prescribed in this | 15 | | Act or has been unused for a period of at least one year, the | 16 | | Authority may file a
lawsuit in the circuit court of either | 17 | | Alexander or Pulaski counties to enforce the
terms of the | 18 | | sale, conveyance, or lease. If a reverter of title to any
| 19 | | property is ordered by the court under the terms of this Act,
| 20 | | the interest of the Authority shall be subject to any then
| 21 | | existing, valid mortgage or trust deed in the nature of a
| 22 | | mortgage, but if the title is acquired through foreclosure of
| 23 | | that mortgage or trust deed or by deed in lieu of foreclosure | 24 | | of
that mortgage or trust deed, then the title to the property
| 25 | | shall not revert, but shall be subject to the restrictions as
| 26 | | to use, but not any penalty for nonuse, contained in this Act
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| 1 | | with respect to any mortgagee in possession or its successor | 2 | | or
assigns. | 3 | | (b) If, at a regularly scheduled meeting, the Authority | 4 | | resolves that a parcel of real estate that is owned by the | 5 | | Authority is no longer needed for District purposes, the | 6 | | Authority may authorize the sale or public auction of the | 7 | | parcel. The resolution shall direct the sale to be conducted | 8 | | by (i) the staff of the Authority, (ii) listing with local | 9 | | licensed real estate agencies, in which case the terms of the | 10 | | agent's compensation shall be included in the resolution, | 11 | | (iii) or public auction. The resolution shall be published at | 12 | | the first opportunity following its passage in a newspaper | 13 | | published in the District or, if none, then in a newspaper | 14 | | published in the county where the District is located. The | 15 | | resolution shall also contain pertinent information concerning | 16 | | the size, use, and zoning of the parcel and the terms of sale. | 17 | | (c) The Authority may not sell, convey, or lease any
| 18 | | property pursuant to this Section before a comprehensive | 19 | | master
plan has been approved under Section 95.
| 20 | | Section 75. Notice. Before holding a public hearing
| 21 | | required under Section 100 or a meeting regarding
the passage | 22 | | of a resolution to file a lawsuit, the Authority
shall give | 23 | | notice to the grantee or lessee, or his or her legal
| 24 | | representatives, successors, or assigns, of the time and place
| 25 | | of the proceeding. The notice shall be accompanied by a
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| 1 | | statement signed by the secretary of the Authority, or by any
| 2 | | person authorized by the Authority to sign the statement, | 3 | | setting
forth any act or things done or omitted to be done in
| 4 | | violation, or claimed to be in violation, of any restriction | 5 | | on the use of the property, whether the restriction is
| 6 | | prescribed in any of the terms of this Act or by any
| 7 | | restriction on the use of the property determined by the
| 8 | | Authority under the terms of this Act. The notice of the time
| 9 | | and place fixed for the proceeding shall also be given to any
| 10 | | person as the Authority deems necessary. The
notice may be | 11 | | given by registered mail, addressed to the
grantee, lessee, or | 12 | | legal representatives, successors, or
assigns, at the last | 13 | | known address of the grantee, lessee, or
legal | 14 | | representatives, successors, or assigns.
| 15 | | Section 80. Rules. The Authority may adopt rules, pursuant | 16 | | to the Illinois Administrative
Procedure Act, regarding the | 17 | | exercise of its powers, governing its proceedings, and | 18 | | regulating all hearings held by it or at its direction, and
it | 19 | | may also amend those rules.
| 20 | | Section 85. Official documents. Copies of all official
| 21 | | documents, findings, and orders of the Authority, certified by
| 22 | | a Board member or by the secretary of the Authority to be true
| 23 | | copies of the originals, under the official seal of the
| 24 | | Authority, shall be evidence as if those copies were the |
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| 1 | | originals.
| 2 | | Section 90. Judicial review. A party may obtain a
judicial | 3 | | review of a final order or decision of the Authority
in the | 4 | | circuit court of either Alexander or Pulaski counties only in
| 5 | | accordance with the provisions of the Administrative Review | 6 | | Law
and the rules adopted under that Law. The circuit court | 7 | | shall
take judicial notice of all the rules of practice and | 8 | | procedure
of the Authority.
| 9 | | Section 95. Master plan; improvement and management of
the | 10 | | District. The Authority shall prepare and approve a
| 11 | | comprehensive master plan for the purposes described in | 12 | | paragraph (2) of Section 5 and paragraphs (22) and (23) of | 13 | | Section 25 for the orderly development and
management of all | 14 | | property within the District relating to those purposes. The | 15 | | master
plan, and any amendment to the master plan, shall not | 16 | | take
effect, however, until it has been approved by the | 17 | | Authority. The Authority shall
take the actions permitted to | 18 | | be taken by it under this Act as
it may determine are | 19 | | appropriate to provide conditions most
favorable for the | 20 | | special care and treatment of the sick and
injured, for the | 21 | | study of disease, and for any other purpose
set forth in this | 22 | | Act. In the master plan, the
Authority may provide for shared | 23 | | services and facilities
within the District for the accredited | 24 | | schools of medicine and
the licensed nonprofit acute care |
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| 1 | | hospitals within the
District.
| 2 | | Section 100. Public hearings. The Authority shall conduct | 3 | | a
public hearing before taking any of the actions described in | 4 | | Section 60, making specified reverter-related findings under | 5 | | Section 70, or approving a
comprehensive master plan under | 6 | | Section 95. The Authority shall also conduct a
public hearing | 7 | | whenever it is otherwise required by law to do
so and may | 8 | | conduct a public hearing whenever it may elect to
do so. If | 9 | | there is no law governing a specific type of public hearing, | 10 | | the Authority shall conduct that public hearing pursuant to | 11 | | the Open Meetings Act and this Section. | 12 | | The Authority may
authorize a Board member or other person | 13 | | of legal age to
conduct a hearing not otherwise required by | 14 | | law. The Board member or other authorized person
may (i) | 15 | | administer oaths and affirmations, (ii)
take the testimony of | 16 | | witnesses, (iii) take and receive the
production of papers, | 17 | | books, records, accounts, and documents,
(iv) receive | 18 | | pertinent evidence, and (v) certify the record of
the hearing. | 19 | | The record of the hearing shall become part of the
Authority's | 20 | | record. Notice of the time, place, and purpose of
the hearing | 21 | | shall be given by a single publication notice in a
secular | 22 | | newspaper or newspapers of general circulation within | 23 | | Alexander and Pulaski counties at
least 10 days before the | 24 | | date of the hearing.
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| 1 | | Section 105. Disposition of money; income fund; rental | 2 | | moneys; audits. | 3 | | (a) Money
received by the Authority from the sale, | 4 | | conveyance, or lease of any
property, in excess of the amount | 5 | | expended by the Authority
for authorized purposes under this | 6 | | Act, shall be deposited into the
Alexander/Pulaski Development | 7 | | and Medical District Income Fund, a special fund that is | 8 | | created in the State treasury, and may be expended as provided | 9 | | in this Section and this Act. | 10 | | (b) The Authority may
use all money deposited into the
| 11 | | Alexander/Pulaski Development and Medical District Income Fund | 12 | | from rentals for the purposes of planning,
acquisition, and | 13 | | development of property within the District,
for the | 14 | | operation, maintenance, and improvement of property of
the | 15 | | Authority, and for all purposes and powers set forth in
this | 16 | | Act. | 17 | | (c) The Auditor General shall conduct audits of the
| 18 | | Authority in the same manner as the Auditor General conducts
| 19 | | audits of State agencies under the Illinois State Auditing | 20 | | Act. The
Auditor General shall, at least biennially, audit or | 21 | | cause to
be audited all records and accounts of the Authority
| 22 | | pertaining to the operation of the District.
| 23 | | Section 110. Attorney General. The Attorney General is the | 24 | | legal advisor to the Authority and
shall prosecute or defend, | 25 | | as the case may be, all actions
brought by or against the |
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| 1 | | Authority. | 2 | | Section 900. The Illinois Finance Authority Act is amended | 3 | | by adding Section 825-13.1 as follows | 4 | | (20 ILCS 3501/825-13.1 new) | 5 | | Sec. 825-13.1. Supervision of the Alexander/Pulaski | 6 | | Development and Medical Authority bond issuances. | 7 | | (a) All bond issuances of the Alexander/Pulaski | 8 | | Development and Medical Authority are subject to supervision, | 9 | | management, control, and approval of the Illinois Finance | 10 | | Authority. | 11 | | (b) All bonds issued by the Alexander/Pulaski Development | 12 | | and Medical Authority under the supervision of the Illinois | 13 | | Finance Authority are subject to the terms and conditions that | 14 | | are set forth in the Alexander/Pulaski Development and Medical | 15 | | Authority Act. | 16 | | (c) The bonds issued by the Alexander/Pulaski Development | 17 | | and Medical Authority under the supervision of the Illinois | 18 | | Finance Authority are not debts of the Illinois Finance | 19 | | Authority or of the State. | 20 | | Section 905. The Illinois State Auditing Act is amended by | 21 | | changing Section 3-1 as follows:
| 22 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
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| 1 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | 2 | | General has
jurisdiction over all State agencies to make post | 3 | | audits and investigations
authorized by or under this Act or | 4 | | the Constitution.
| 5 | | The Auditor General has jurisdiction over local government | 6 | | agencies
and private agencies only:
| 7 | | (a) to make such post audits authorized by or under | 8 | | this Act as are
necessary and incidental to a post audit of | 9 | | a State agency or of a
program administered by a State | 10 | | agency involving public funds of the
State, but this | 11 | | jurisdiction does not include any authority to review
| 12 | | local governmental agencies in the obligation, receipt, | 13 | | expenditure or
use of public funds of the State that are | 14 | | granted without limitation or
condition imposed by law, | 15 | | other than the general limitation that such
funds be used | 16 | | for public purposes;
| 17 | | (b) to make investigations authorized by or under this | 18 | | Act or the
Constitution; and
| 19 | | (c) to make audits of the records of local government | 20 | | agencies to verify
actual costs of state-mandated programs | 21 | | when directed to do so by the
Legislative Audit Commission | 22 | | at the request of the State Board of Appeals
under the | 23 | | State Mandates Act.
| 24 | | In addition to the foregoing, the Auditor General may | 25 | | conduct an
audit of the Metropolitan Pier and Exposition | 26 | | Authority, the
Regional Transportation Authority, the Suburban |
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| 1 | | Bus Division, the Commuter
Rail Division and the Chicago | 2 | | Transit Authority and any other subsidized
carrier when | 3 | | authorized by the Legislative Audit Commission. Such audit
may | 4 | | be a financial, management or program audit, or any | 5 | | combination thereof.
| 6 | | The audit shall determine whether they are operating in | 7 | | accordance with
all applicable laws and regulations. Subject | 8 | | to the limitations of this
Act, the Legislative Audit | 9 | | Commission may by resolution specify additional
determinations | 10 | | to be included in the scope of the audit.
| 11 | | In addition to the foregoing, the Auditor General must | 12 | | also conduct a
financial audit of
the Illinois Sports | 13 | | Facilities Authority's expenditures of public funds in
| 14 | | connection with the reconstruction, renovation, remodeling, | 15 | | extension, or
improvement of all or substantially all of any | 16 | | existing "facility", as that
term is defined in the Illinois | 17 | | Sports Facilities Authority Act.
| 18 | | The Auditor General may also conduct an audit, when | 19 | | authorized by
the Legislative Audit Commission, of any | 20 | | hospital which receives 10% or
more of its gross revenues from | 21 | | payments from the State of Illinois,
Department of Healthcare | 22 | | and Family Services (formerly Department of Public Aid), | 23 | | Medical Assistance Program.
| 24 | | The Auditor General is authorized to conduct financial and | 25 | | compliance
audits of the Illinois Distance Learning Foundation | 26 | | and the Illinois
Conservation Foundation.
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| 1 | | As soon as practical after the effective date of this | 2 | | amendatory Act of
1995, the Auditor General shall conduct a | 3 | | compliance and management audit of
the City of
Chicago and any | 4 | | other entity with regard to the operation of Chicago O'Hare
| 5 | | International Airport, Chicago Midway Airport and Merrill C. | 6 | | Meigs Field. The
audit shall include, but not be limited to, an | 7 | | examination of revenues,
expenses, and transfers of funds; | 8 | | purchasing and contracting policies and
practices; staffing | 9 | | levels; and hiring practices and procedures. When
completed, | 10 | | the audit required by this paragraph shall be distributed in
| 11 | | accordance with Section 3-14.
| 12 | | The Auditor General shall conduct a financial and | 13 | | compliance and program
audit of distributions from the | 14 | | Municipal Economic Development Fund
during the immediately | 15 | | preceding calendar year pursuant to Section 8-403.1 of
the | 16 | | Public Utilities Act at no cost to the city, village, or | 17 | | incorporated town
that received the distributions.
| 18 | | The Auditor General must conduct an audit of the Health | 19 | | Facilities and Services Review Board pursuant to Section 19.5 | 20 | | of the Illinois Health Facilities Planning
Act.
| 21 | | The Auditor General of the State of Illinois shall | 22 | | annually conduct or
cause to be conducted a financial and | 23 | | compliance audit of the books and records
of any county water | 24 | | commission organized pursuant to the Water Commission Act
of | 25 | | 1985 and shall file a copy of the report of that audit with the | 26 | | Governor and
the Legislative Audit Commission. The filed audit |
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| 1 | | shall be open to the public
for inspection. The cost of the | 2 | | audit shall be charged to the county water
commission in | 3 | | accordance with Section 6z-27 of the State Finance Act. The
| 4 | | county water commission shall make available to the Auditor | 5 | | General its books
and records and any other documentation, | 6 | | whether in the possession of its
trustees or other parties, | 7 | | necessary to conduct the audit required. These
audit | 8 | | requirements apply only through July 1, 2007.
| 9 | | The Auditor General must conduct audits of the Rend Lake | 10 | | Conservancy
District as provided in Section 25.5 of the River | 11 | | Conservancy Districts Act.
| 12 | | The Auditor General must conduct financial audits of the | 13 | | Southeastern Illinois Economic Development Authority as | 14 | | provided in Section 70 of the Southeastern Illinois Economic | 15 | | Development Authority Act.
| 16 | | The Auditor General shall conduct a compliance audit in | 17 | | accordance with subsections (d) and (f) of Section 30 of the | 18 | | Innovation Development and Economy Act. | 19 | | The Auditor General must conduct audits as provided in the | 20 | | Alexander/Pulaski Development and Medical Authority Act. | 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | 22 | | 96-939, eff. 6-24-10.)
| 23 | | Section 910. The Court of Claims Act is amended by | 24 | | changing Sections 8, 22-1, and 22-2 as follows:
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| 1 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 2 | | Sec. 8. Court of Claims jurisdiction; deliberation | 3 | | periods. The court shall have exclusive
jurisdiction to hear | 4 | | and determine the following matters:
| 5 | | (a) All claims against the State founded upon any law | 6 | | of the State of
Illinois or upon any regulation adopted | 7 | | thereunder by an executive or
administrative officer or | 8 | | agency; provided, however, the court shall not have
| 9 | | jurisdiction (i) to hear or determine claims arising under
| 10 | | the Workers' Compensation Act or the Workers' Occupational | 11 | | Diseases Act, or
claims for expenses in civil litigation, | 12 | | or (ii) to review administrative
decisions for which a | 13 | | statute provides that review shall be in the circuit or
| 14 | | appellate court.
| 15 | | (b) All claims against the State founded upon any | 16 | | contract entered
into with the State of Illinois.
| 17 | | (c) All claims against the State for time unjustly | 18 | | served in prisons
of this State when
the person
imprisoned | 19 | | received
a pardon from
the Governor stating that such | 20 | | pardon is issued on the ground of
innocence of the crime | 21 | | for which he or she was
imprisoned or he or she received a | 22 | | certificate of innocence from the Circuit Court as | 23 | | provided in Section 2-702 of the Code of Civil Procedure; | 24 | | provided, the amount of the award is at the discretion of | 25 | | the court; and provided, the
court shall make no award in | 26 | | excess of the following amounts: for
imprisonment of 5 |
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| 1 | | years or less, not more than $85,350; for imprisonment
of | 2 | | 14 years or less but over 5 years, not more than $170,000; | 3 | | for
imprisonment of over 14 years, not more than $199,150; | 4 | | and provided
further, the court shall fix attorney's fees | 5 | | not to exceed 25% of the award
granted. On or after the | 6 | | effective date of this amendatory Act of the 95th General | 7 | | Assembly,
the court shall
annually adjust the maximum | 8 | | awards authorized by this subsection (c) to reflect
the | 9 | | increase, if any, in the Consumer Price Index For All | 10 | | Urban Consumers for
the previous calendar year, as | 11 | | determined by the United States Department of
Labor, | 12 | | except that no annual increment may exceed 5%. For the | 13 | | annual adjustments, if the Consumer Price Index
decreases | 14 | | during a calendar year, there shall be no adjustment for | 15 | | that
calendar year. The transmission by the Prisoner | 16 | | Review Board or the clerk of the circuit court of the | 17 | | information described in Section 11(b) to the clerk of the | 18 | | Court of Claims is conclusive evidence of the validity of | 19 | | the claim. The changes made by this amendatory Act of the | 20 | | 95th General Assembly apply to all
claims pending on or | 21 | | filed on or after the effective date.
| 22 | | (d) All claims against the State for damages in cases | 23 | | sounding in tort, if
a like cause of action would lie | 24 | | against a private person or corporation in a
civil suit, | 25 | | and all like claims sounding in tort against the Illinois | 26 | | Medical District Center
Commission, the Mid-Illinois |
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| 1 | | Medical District Commission, the Mid-America Medical | 2 | | District Commission, the Roseland Community Medical | 3 | | District Commission, the Alexander/Pulaski Development and | 4 | | Medical District
Authority, the Board of Trustees of the | 5 | | University of Illinois, the Board of
Trustees of Southern | 6 | | Illinois University, the Board of Trustees of Chicago
| 7 | | State University, the Board of Trustees of Eastern | 8 | | Illinois University, the
Board of Trustees of Governors | 9 | | State University, the Board of Trustees of
Illinois State | 10 | | University, the Board of Trustees of Northeastern Illinois
| 11 | | University, the Board of Trustees of Northern Illinois | 12 | | University, the Board
of Trustees of Western Illinois | 13 | | University, or the Board of Trustees of the
Illinois | 14 | | Mathematics and Science Academy; provided, that an award | 15 | | for damages
in a case sounding in tort, other than certain | 16 | | cases involving the operation
of a State vehicle described | 17 | | in this paragraph, shall not exceed the sum of $2,000,000
| 18 | | to or for the benefit of
any claimant. The $2,000,000 | 19 | | limit prescribed by this Section does not
apply to an | 20 | | award of damages in any case sounding in tort arising out | 21 | | of
the operation by a State employee of a vehicle owned, | 22 | | leased or
controlled by the State. The defense that the | 23 | | State , or the Illinois Medical District Center Commission , | 24 | | the Mid-Illinois Medical District Commission, the | 25 | | Mid-America Medical District Commission, the Roseland | 26 | | Community Medical District Commission, the |
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| 1 | | Alexander/Pulaski Development and Medical District
| 2 | | Authority, or the Board of Trustees of the University of | 3 | | Illinois, the
Board of Trustees of Southern Illinois | 4 | | University, the Board of Trustees of
Chicago State | 5 | | University, the Board of Trustees of Eastern Illinois | 6 | | University,
the Board of Trustees of Governors State | 7 | | University, the Board of Trustees of
Illinois State | 8 | | University, the Board of Trustees of Northeastern Illinois
| 9 | | University, the Board of Trustees of Northern Illinois | 10 | | University, the Board of
Trustees of Western Illinois | 11 | | University, or the Board of Trustees of the
Illinois | 12 | | Mathematics and Science Academy is not liable for the | 13 | | negligence of
its officers, agents, and employees in the | 14 | | course of their employment is not
applicable to the | 15 | | hearing and determination of such claims. The changes to | 16 | | this Section made by this amendatory Act of the 100th | 17 | | General Assembly apply only to claims filed on or after | 18 | | July 1, 2015. | 19 | | The court shall
annually adjust the maximum awards | 20 | | authorized by this subsection to reflect
the increase, if | 21 | | any, in the Consumer Price Index For All Urban Consumers | 22 | | for
the previous calendar year, as determined by the | 23 | | United States Department of
Labor. The Comptroller shall | 24 | | make the new amount resulting from each annual adjustment | 25 | | available to the public via the Comptroller's official | 26 | | website by January 31 of every year.
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| 1 | | (e) All claims for recoupment made by the State of | 2 | | Illinois against
any claimant.
| 3 | | (f) All claims pursuant to the Line of Duty | 4 | | Compensation
Act. A claim under that Act must be heard and | 5 | | determined within one year after the application for that | 6 | | claim is filed with the Court as provided in that Act.
| 7 | | (g) All claims filed pursuant to the Crime Victims | 8 | | Compensation Act.
| 9 | | (h) All claims pursuant to the Illinois National | 10 | | Guardsman's Compensation
Act. A claim under that Act must | 11 | | be heard and determined within one year after the | 12 | | application for that claim is filed with the Court as | 13 | | provided in that Act.
| 14 | | (i) All claims authorized by subsection (a) of Section | 15 | | 10-55 of the Illinois
Administrative Procedure Act for the | 16 | | expenses incurred by a party in a
contested case on the | 17 | | administrative level.
| 18 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
| 19 | | (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
| 20 | | Sec. 22-1.
Within 1 year from the date that such an injury | 21 | | was received or
such a cause of action accrued, any person who | 22 | | is about to commence any
action in the Court of Claims against | 23 | | the State of Illinois, the Illinois Medical District Center | 24 | | Commission, the Mid-Illinois Medical District Commission, the | 25 | | Mid-America Medical District Commission, the Roseland |
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| 1 | | Community Medical District Commission, the Alexander/Pulaski | 2 | | Development and Medical District
Authority, the Board of | 3 | | Trustees of the University of Illinois,
the Board of Trustees | 4 | | of Southern Illinois University,
the Board of Trustees of | 5 | | Chicago State University, the Board of Trustees of
Eastern | 6 | | Illinois University, the Board of Trustees of Governors State
| 7 | | University, the Board of Trustees of Illinois State | 8 | | University, the Board of
Trustees of Northeastern Illinois | 9 | | University, the Board of Trustees of Northern
Illinois | 10 | | University, the Board of Trustees of Western Illinois | 11 | | University, or
the Board of Trustees of the Illinois
| 12 | | Mathematics and Science Academy, for damages on account of any | 13 | | injury to
his person shall file in the office of the Attorney | 14 | | General and also in
the office of the Clerk of the Court of | 15 | | Claims, either by himself, his
agent, or attorney, giving the | 16 | | name of the person to whom the cause of
action has accrued, the | 17 | | name and residence of the person injured, the
date and about | 18 | | the hour of the accident, the place or location where the
| 19 | | accident occurred, a brief description of how the accident | 20 | | occurred, and
the name and address of the attending physician, | 21 | | if any, except as
otherwise provided by the Crime Victims | 22 | | Compensation Act.
| 23 | | In actions for death by wrongful act, neglect or default, | 24 | | the
executor of the estate, or in the event there is no will, | 25 | | the
administrator or other personal representative of the | 26 | | decedent, shall
file within 1 year of the date of death or the |
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| 1 | | date that the
executor or administrator is qualified, | 2 | | whichever occurs later, in the
office of the Attorney General | 3 | | and also in the office of the Clerk of
the Court of Claims, | 4 | | giving the name of the person to whom the cause of
action has | 5 | | accrued, the name and last residence of the decedent, the
date | 6 | | of the accident causing death, the date of the decedent's | 7 | | demise,
the place or location where the accident causing the | 8 | | death occurred, the
date and about the hour of the accident, a | 9 | | brief description of how the
accident occurred, and the names | 10 | | and addresses of the attending
physician and treating hospital | 11 | | if any, except as otherwise provided by
the Crime Victims | 12 | | Compensation Act.
| 13 | | A claimant is not required to file the notice required by | 14 | | this Section if
he
or she files his or her claim within one | 15 | | year of its accrual.
| 16 | | (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
| 17 | | (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
| 18 | | Sec. 22-2.
If the notice provided for by Section 22-1 is | 19 | | not filed as
provided
in that Section, any such action | 20 | | commenced against the State of
Illinois, the Illinois Medical | 21 | | District Center Commission, the Mid-Illinois Medical District | 22 | | Commission, the Mid-America Medical District Commission, the | 23 | | Roseland Community Medical District Commission, the | 24 | | Alexander/Pulaski Development and Medical District
Authority, | 25 | | the Board of Trustees of the
University of Illinois, the Board |
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| 1 | | of Trustees of Southern Illinois
University,
the Board of | 2 | | Trustees of Chicago State University, the Board of Trustees of
| 3 | | Eastern Illinois University, the Board of Trustees of | 4 | | Governors State
University, the Board of Trustees of Illinois | 5 | | State University, the Board of
Trustees of Northeastern | 6 | | Illinois University, the Board of Trustees of Northern
| 7 | | Illinois University, the Board of Trustees of Western Illinois | 8 | | University, or
the Board
of Trustees of the Illinois | 9 | | Mathematics and Science Academy, shall be
dismissed and the | 10 | | person to whom any such cause of action accrued for
any | 11 | | personal injury shall be forever barred from further action in | 12 | | the
Court of Claims for such personal injury, except as | 13 | | otherwise provided
by the Crime Victims Compensation Act.
| 14 | | (Source: P.A. 89-4, eff. 1-1-96.)
| 15 | | Section 915. The Eminent Domain Act is amended by changing | 16 | | Section 15-5-49 as follows: | 17 | | (735 ILCS 30/15-5-49 new) | 18 | | Sec. 15-5-49. Eminent domain powers in new Acts. The
| 19 | | following provisions of law may include express grants of the
| 20 | | power to acquire property by condemnation or eminent domain: | 21 | | Alexander/Pulaski Development and Medical District Act; | 22 | | medical district; for general purposes. | 23 | | Section 920. The State Finance Act is amended by adding |
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| 1 | | Section 5.990 as follows: | 2 | | (30 ILCS 105/5.990 new) | 3 | | Sec. 5.990. The Alexander/Pulaski Development and Medical | 4 | | District Income Fund.
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.".
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