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| [ Senate Amendment 001 ] |
92_SB1609enr SB1609 Enrolled LRB9213759ACcd 1 AN ACT concerning health facilities. 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 Illinois Medical District at Springfield Act. 6 Section 5. Creation of District. There is created in the 7 City of Springfield a medical center district, the Illinois 8 Medical District at Springfield, whose boundaries are 11th 9 Street on the east, North Grand Avenue on the north, Walnut 10 Street on the west, and Madison 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. Illinois Medical District at Springfield 16 Commission. 17 (a) There is created a body politic and corporate under 18 the corporate name of the Illinois Medical District at 19 Springfield Commission whose general purpose, in addition to 20 and not in limitation of those purposes and powers set forth 21 in this Act, is to: 22 (1) maintain the proper surroundings for a medical 23 center and a related technology center in order to 24 attract, stabilize, and retain within the District 25 hospitals, clinics, research facilities, educational 26 facilities, or other facilities permitted under this Act; 27 and 28 (2) provide for the orderly creation, maintenance, 29 development, and expansion of (i) health care facilities 30 and other ancillary or related facilities that the SB1609 Enrolled -2- LRB9213759ACcd 1 Commission may from time to time determine are 2 established and operated (A) for any aspect of the 3 carrying out of the Commission's purposes as set forth in 4 this Act, (B) for the study, diagnosis, and treatment of 5 human ailments and injuries, whether physical or mental, 6 or (C) to promote medical, surgical, and scientific 7 research and knowledge as permitted under this Act; and 8 (ii) medical research and high technology parks, together 9 with the necessary lands, buildings, facilities, 10 equipment, and personal property for those parks. 11 (b) The Commission has perpetual succession and the 12 power to contract and be contracted with, to sue and be sued 13 except in actions sounding in tort, to plead and be 14 impleaded, to have and use a common seal, and to alter the 15 same at pleasure. All actions sounding in tort against the 16 Commission shall be prosecuted in the Court of Claims. The 17 principal office of the Commission shall be in the City of 18 Springfield. 19 (c) The Commission shall consist of the following 20 members: 4 members appointed by the Governor, with the 21 advice and consent of the Senate; 4 members appointed by the 22 Mayor of Springfield, with the advice and consent of the 23 Springfield city council; and one member appointed by the 24 Chairperson of the County Board of Sangamon County. The 25 initial members of the Commission appointed by the Governor 26 shall be appointed for terms ending, respectively on the 27 second, third, fourth, and fifth anniversaries of their 28 appointments. The initial members appointed by the Mayor of 29 Springfield shall be appointed 2 each for terms ending, 30 respectively, on the second and third anniversaries of their 31 appointments. The initial member appointed by the 32 Chairperson of the County Board of Sangamon County shall be 33 appointed for a term ending on the fourth anniversary of the 34 appointment. Thereafter, all the members shall be appointed SB1609 Enrolled -3- LRB9213759ACcd 1 to hold office for a term of 5 years and until their 2 successors are appointed as provided in this Act. 3 (d) Any vacancy in the membership of the Commission 4 occurring by reason of the death, resignation, 5 disqualification, removal, or inability or refusal to act of 6 any of the members of the Commission shall be filled by the 7 authority that had appointed the particular member, and for 8 the unexpired term of office of that particular member. A 9 vacancy caused by the expiration of the period for which the 10 member was appointed shall be filled by a new appointment for 11 a term of 5 years from the date of the expiration of the 12 prior 5-year term notwithstanding when the appointment is 13 actually made. The Commission shall obtain, under the 14 provisions of the Personnel Code, such personnel as to the 15 Commission shall deem advisable to carry out the purposes of 16 this Act and the work of the Commission. 17 (e) The Commission shall hold regular meetings annually 18 for the election of a President, Vice-President, Secretary, 19 and Treasurer, for the adoption of a budget, and for such 20 other business as may properly come before it. The 21 Commission shall elect as the President a member of the 22 Commission appointed by the Mayor of Springfield and as the 23 Vice-President a member of the Commission appointed by the 24 Governor. The Commission shall establish the duties and 25 responsibilities of its officers by rule. The President or 26 any 3 members of the Commission may call special meetings of 27 the Commission. Each Commissioner shall take an oath of 28 office for the faithful performance of his or her duties. 29 The Commission may not transact business at a meeting of the 30 Commission unless there is present at the meeting a quorum 31 consisting of at least 5 Commissioners. Meetings may be 32 held by telephone conference or other communications 33 equipment by means of which all persons participating in the 34 meeting can communicate with each other. SB1609 Enrolled -4- LRB9213759ACcd 1 (f) The Commission shall submit to the General Assembly, 2 not later than March 1 of each odd-numbered year, a detailed 3 report covering its operations for the 2 preceding calendar 4 years and a statement of its program for the next 2 years. 5 The requirement for reporting to the General Assembly 6 shall be satisfied by filing copies of the report with the 7 Speaker, the Minority Leader, and the Clerk of the House of 8 Representatives and the President, the Minority Leader, and 9 the Secretary of the Senate and with the Legislative Research 10 Unit, as required by Section 3.1 of the General Assembly 11 Organization Act, and by filing such additional copies with 12 the State Government Report Distribution Center for the 13 General Assembly as is required under paragraph (t) of 14 Section 7 of the State Library Act. 15 (g) The Auditor General shall conduct audits of the 16 Commission in the same manner as the Auditor General conducts 17 audits of State agencies under the Illinois State Auditing 18 Act. 19 (h) Neither the Commission nor the District have any 20 power to tax. 21 (i) The Commission is a public body and subject to the 22 Open Meetings Act and the Freedom of Information Act. 23 Section 15. Grants; loans; contracts. The Commission may 24 apply for and accept grants, loans, or appropriations from 25 the State of Illinois, the federal government, any State or 26 federal agency or instrumentality, any unit of local 27 government, or any other person or entity to be used for any 28 of the purposes of the District. The Commission may enter 29 into any agreement with the State of Illinois, the federal 30 government, any State or federal instrumentality, any unit of 31 local government, or any other person or entity in relation 32 to the grants, matching grants, loans, or appropriations. 33 The Commission also may, by contractual agreement, accept and SB1609 Enrolled -5- LRB9213759ACcd 1 collect assessments or fees from entities who enter into such 2 a contractual agreement for District enhancement and 3 improvements, common area shared services, shared facilities, 4 or other activities or expenditures in furtherance of the 5 purposes of this Act. The Commission may make grants to 6 neighborhood organizations within the District for the 7 purpose of benefitting the community. 8 Section 20. Property; acquisition. The Commission is 9 authorized to acquire the fee simple title to real property 10 lying within the District and personal property required for 11 its purposes, by gift, purchase, or otherwise. Title shall be 12 taken in the corporate name of the Commission. The Commission 13 may acquire by lease any real property lying within the 14 District and personal property found by the Commission to be 15 necessary for its purposes and to which the Commission finds 16 that it need not acquire the fee simple title for carrying 17 out of those purposes. All real and personal property within 18 the District, except that owned and used for purposes 19 authorized under this Act by medical institutions or allied 20 educational institutions, hospitals, dispensaries, clinics, 21 dormitories or homes for the nurses, doctors, students, 22 instructors, or other officers or employees of those 23 institutions located in the District, or any real property 24 that is used for offices or for recreational purposes in 25 connection with those institutions, or any improved 26 residential property within a currently effective historical 27 district properly designated under a federal statute or a 28 State or local statute that has been certified by the 29 Secretary of the Interior to the Secretary of the Treasury as 30 containing criteria that will substantially achieve the 31 purpose of preserving and rehabilitating buildings of 32 historical significance to the district, may be acquired by 33 the Commission in its corporate name under the provisions for SB1609 Enrolled -6- LRB9213759ACcd 1 the exercise of the right of eminent domain under Article VII 2 of the Code of Civil Procedure. The Commission has no 3 quick-take powers, no zoning powers, and no power to 4 establish or enforce building codes. The Commission may not 5 acquire any property pursuant to this Section before a 6 comprehensive master plan has been approved under Section 70. 7 Section 25. Construction. The Commission may, in its 8 corporate capacity, construct or cause to be constructed 9 within the District, hospitals, sanitariums, clinics, 10 laboratories, or any other institution, building, or 11 structure or other ancillary or related facilities that the 12 Commission may, from time to time, determine are established 13 and operated (i) for the carrying out of any aspect of the 14 Commission's purposes as set forth in this Act, for the 15 study, diagnosis, and treatment of human ailments and 16 injuries, whether physical or mental, or to promote medical, 17 surgical, and scientific research and knowledge, for any uses 18 the Commission shall determine will support and nurture 19 facilities and uses permitted by this Act, or for such 20 nursing, extended care, or other facilities as the Commission 21 shall find useful in the study of, research in, or treatment 22 of illnesses or infirmities peculiar to aged people, after a 23 public hearing to be held by any Commissioner or other person 24 authorized by the Commission to conduct the hearing, which 25 Commissioner or other person has the power to administer 26 oaths and affirmations and take the testimony of witnesses 27 and receive such documentary evidence as shall be pertinent, 28 the record of which hearing he or she shall certify to the 29 Commission, which record shall become part of the records of 30 the Commission, notice of the time, place, and purpose of the 31 hearings to be given by a single publication notice in a 32 secular newspaper of general circulation in the City of 33 Springfield at least 10 days before the date of the hearing, SB1609 Enrolled -7- LRB9213759ACcd 1 or (ii) for such institutions as shall engage in the 2 training, education, or rehabilitation of persons who by 3 reason of illness or physical infirmity are wholly or 4 partially deprived of their powers of vision or hearing or of 5 the use of such other part or parts of their bodies as 6 prevent them from pursuing normal activities of life, for 7 office buildings for physicians or dealers in medical 8 accessories, for dormitories, homes, or residences for the 9 medical profession, including interns, nurses, students, or 10 other officers or employees of the institutions within the 11 District, for the use of relatives of patients in the 12 hospitals or other institutions within the District, for the 13 rehabilitation or establishment of residential structures 14 within a historic district properly designated under a 15 federal statute or a State or local statute that has been 16 certified by the Secretary of the Interior to the Secretary 17 of the Treasury as containing criteria that will 18 substantially achieve the purpose of preserving and 19 rehabilitating buildings of historic significance to the 20 district, or such other areas of the District as the 21 Commission shall designate, for research, development, and 22 resultant production in any of the fields of medicine, 23 chemistry, pharmaceuticals, physics, and genetically 24 engineered products, for biotechnology, information 25 technology, medical technology, or environmental technology, 26 for the research and development of engineering, or for 27 computer technology related to any of the purposes for which 28 the Commission may construct structures and improvements 29 within the District. All such structures and improvements 30 shall be erected and constructed in accordance with the 31 provisions of the Illinois Procurement Code that apply to 32 State agencies. No construction may be undertaken pursuant to 33 this Section before a comprehensive master plan has been 34 approved under Section 70. SB1609 Enrolled -8- LRB9213759ACcd 1 Section 30. Relocation assistance. The Commission shall 2 provide relocation assistance to persons and entities 3 displaced by the Commission's acquisition of property and 4 improvement of the District. Relocation assistance shall not 5 be less than provided under the federal Uniform Relocation 6 Assistance and Real Property Acquisition Policies Act of 1970 7 and the regulations under that Act, including the eligibility 8 criteria. Relocation assistance may include assistance with 9 the moving of a residential unit to a new location. The 10 Commission shall establish a single point of contact for all 11 relocation assistance under this Section. 12 Section 35. Bonds. To obtain the funds necessary for 13 financing the acquisition of land, for the acquisition, 14 construction, maintenance, and rehabilitation of facilities 15 and equipment within the District, and for the operation of 16 the District as set forth in this Act, the Commission may 17 borrow money from any public or private agency, department, 18 corporation, or person. In evidence of and as security for 19 funds borrowed, the Commission may issue revenue bonds in its 20 corporate capacity to be payable from the revenues derived 21 from the operation of the institutions or buildings owned, 22 leased, or operated by or on behalf of the Commission, but 23 the bonds shall in no event constitute an indebtedness of the 24 Commission or a claim against the property of the Commission. 25 The bonds may be issued in such denominations as may be 26 expedient, in such amounts, and at such rates of interest as 27 the Commission shall deem necessary to provide sufficient 28 funds to pay all the costs authorized under this Section. The 29 bonds shall be executed by the President of the Commission, 30 attested by the Secretary, and sealed with the Commission's 31 corporate seal. If either of those officers of the Commission 32 who shall have signed or attested any of the bonds shall have 33 ceased to be such officer before delivery of the bonds, the SB1609 Enrolled -9- LRB9213759ACcd 1 signature of the officer shall be valid and sufficient to the 2 same effect as if the officer had remained in office at the 3 time of delivery. The Commission shall furnish the State 4 Comptroller with a record of all bonds issued under this Act. 5 Section 40. Power to sell or lease. The Commission may 6 sell, convey, transfer, or lease, all at fair market value, 7 any title or interest in real property owned by it to any 8 person or persons, to be used, subject to the restrictions of 9 this Act, for the purposes stated in Section 25, or for the 10 purpose of serving persons using the facilities offered 11 within the District or for carrying out of any aspect of the 12 Commission's purposes as set forth in Section 10 of this Act, 13 subject to such restrictions as to the use of the real 14 property as the Commission shall determine will carry out the 15 purpose of this Act. To assure that the use of the real 16 property so sold or leased is in accordance with the 17 provisions of this Act, the Commission shall inquire into and 18 satisfy itself concerning the financial ability of the 19 purchaser to complete the project for which the real property 20 is sold or leased in accordance with a plan to be presented 21 by the purchaser or lessee, which plan shall be submitted, in 22 writing, to the Commission. Under the plan, the purchaser or 23 lessee shall undertake (1) to use the land for the purposes 24 designated in the plan so presented; (2) to commence and 25 complete the construction of the buildings or other 26 structures to be included in the project within such periods 27 of time as the Commission fixes as reasonable; and (3) to 28 comply with such other conditions as the Commission shall 29 determine are necessary to carry out the project. All 30 conveyances and leases authorized in this Section shall be on 31 condition that, in the event of use for other than the 32 purposes prescribed in this Act, or of nonuse for a period of 33 one year, title to the property shall revert to the SB1609 Enrolled -10- LRB9213759ACcd 1 Commission. All conveyances and leases made by the Commission 2 to any corporation or person for the use of serving the 3 residents or any person using the facilities offered within 4 the District shall be on condition that in the event of 5 violation of any of the restrictions as to the use of the 6 property as the Commission shall have determined will carry 7 out the purposes of this Act, that title to the property 8 shall revert to the Commission. If, however, the Commission 9 finds that financing necessary for the acquisition or lease 10 of any real estate or for the construction of any building or 11 improvement to be used for purposes prescribed in this Act 12 cannot be obtained if title to the land or building or 13 improvement is subject to such a reverter provision, which 14 finding shall be made by the Commission after public hearing 15 held pursuant to a single publication notice given in a 16 secular newspaper of general circulation in the City of 17 Springfield at least 10 days before the date of the hearing, 18 the notice to specify the time, place, and purpose for the 19 hearing, and upon that finding being made, the Commission may 20 cause the real property to be conveyed free of a reverter 21 provision, provided that at least 7 members of the Commission 22 vote in favor thereof. The Commission may also provide in the 23 conveyances, leases, or other documentation provisions for 24 notice of such violations or default and the cure thereof for 25 the benefit of any lender or mortgagee as the Commission 26 shall determine are appropriate. If, at a regularly scheduled 27 meeting, the Commission resolves that a parcel of real estate 28 leased by it, or in which it has sold the fee simple title or 29 any lesser estate, is not being used for the purposes 30 prescribed in this Act or has been in nonuse for a period of 31 one year, the Commission may file a law suit in the circuit 32 court of Sangamon County to enforce the terms of the sale or 33 lease. If a reverter of title to any property is ordered by 34 the court under the terms of this Act, the interest of the SB1609 Enrolled -11- LRB9213759ACcd 1 Commission shall be subject to any then existing valid 2 mortgage or trust deed in the nature of a mortgage, but if 3 the title is acquired through foreclosure of that mortgage or 4 trust deed or by deed in lieu of foreclosure of that mortgage 5 or trust deed, then the title to the property shall not 6 revert, but shall be subject to the restrictions as to use, 7 but not any penalty for nonuse, contained in this Act with 8 respect to any mortgagee in possession or its successor or 9 assigns. 10 No conveyance of real property shall be executed by the 11 Commission without the prior written approval of the 12 Governor. The Commission may not sell, convey, transfer, or 13 lease any property pursuant to this Section before a 14 comprehensive master plan has been approved under Section 70. 15 Section 45. Notice. Before holding any public hearing 16 prescribed in Section 40 of this Act, or any meeting 17 regarding the passage of any resolution to file a law suit, 18 the Commission shall give notice to the grantee or lessee, or 19 his or her legal representatives, successors, or assigns, of 20 the time and place of the proceeding. The notice shall be 21 accompanied by a statement signed by the Secretary of the 22 Commission, or by any person authorized by the Commission to 23 sign the same, setting forth any act or things done or 24 omitted to be done in violation, or claimed to be in 25 violation, of any restriction as to the use of the property, 26 whether the restriction be prescribed in any of the terms of 27 this Act or by any restriction as to the use of the property 28 determined by the Commission under the terms of this Act. The 29 notice of the time and place fixed for the proceeding shall 30 also be given to such person or persons as the Commission 31 shall deem necessary. The notice may be given by registered 32 mail, addressed to the grantee, lessee, or legal 33 representatives, successors, or assigns, at the last known SB1609 Enrolled -12- LRB9213759ACcd 1 address of the grantee, lessee, or legal representatives, 2 successors, or assigns. 3 Section 50. Rules. The Commission may adopt reasonable 4 and proper rules, in accordance with the Illinois 5 Administrative Procedure Act, relative to the exercise of its 6 powers, and proper rules to govern its proceedings, to 7 regulate the mode and manner of all hearings held by it or at 8 its direction, and to alter and amend those rules. 9 Section 55. Official documents. Copies of all official 10 documents, findings, and orders of the Commission, certified 11 by a Commissioner or by the Secretary of the Commission to be 12 true copies of the originals, under the official seal of the 13 Commission, shall be evidence in like manner as the 14 originals. 15 Section 60. Judicial review. Any party may obtain a 16 judicial review of a final order or decision of the 17 Commission in the circuit court of Sangamon County only under 18 and in accordance with the provisions of the Administrative 19 Review Law and the rules adopted under that Law. The circuit 20 court shall take judicial notice of all the rules of practice 21 and procedure of the Commission. 22 Section 65. Parks. The Commission may set apart any 23 part of the District as a park, except those areas owned, 24 operated, or used for purposes authorized under this Act by 25 organizations or institutions engaged in the delivery or 26 conduct of health care services, education, or research, and 27 may construct, control, and maintain the same or may provide 28 by contract with the Springfield Park District or the City of 29 Springfield for the construction, control, and maintenance of 30 any area within the District set apart as a park. SB1609 Enrolled -13- LRB9213759ACcd 1 Section 70. Master plan; improvement and management of 2 District. The Commission shall prepare and approve a 3 comprehensive master plan for the orderly development and 4 management of all property within the District. The master 5 plan, and any amendment to the master plan, shall not take 6 effect, however, until it has been approved by the advisory 7 council and the Springfield city council. The Commission 8 shall take the actions permitted to be taken by it under this 9 Act as it may determine are appropriate to provide conditions 10 most favorable for the special care and treatment of the sick 11 and injured and for the study of disease and for any other 12 purpose in Section 25 of this Act. In the master plan, the 13 Commission may provide for shared services and facilities 14 within the District for the accredited schools of medicine 15 and the licensed non-profit acute care hospitals within the 16 District. 17 Section 75. Advisory Council. The Commission must 18 establish an advisory council consisting of 2 19 representatives, appointed for one-year terms by the Mayor of 20 Springfield, of each recognized neighborhood organization 21 that the Mayor determines has a legitimate interest in the 22 development and improvement of the District. There is no 23 limit on the number of terms to which a person may be 24 appointed as a member. The advisory council shall review and 25 make recommendations to the Commission with respect to the 26 comprehensive master plan to be adopted by the Commission. 27 The advisory council may fulfill such other responsibilities 28 as the Commission may request in furtherance of the purposes 29 of this Act. The advisory council shall meet at the call of 30 the President of the Commission and shall conduct its affairs 31 in accordance with the rules that the Commission may adopt 32 from time to time for the governance and operation of the 33 advisory council. SB1609 Enrolled -14- LRB9213759ACcd 1 Section 80. Public hearing. The Commission shall 2 conduct a public hearing prior to either acquiring through 3 eminent domain under Section 20 of this Act real or personal 4 property within the District or approving under Section 70 of 5 this Act a comprehensive master plan. The Commission shall 6 also conduct a public hearing whenever it is otherwise 7 required by law to do so, and may conduct a public hearing 8 whenever it may elect to do so. 9 The Commission shall conduct the public hearing called by 10 it in accordance with the requirements of the law mandating 11 it, if any, or in accordance with the provisions of this 12 Section if either the law mandating it is silent as to the 13 procedures for its holding or if the Commission elects to 14 hold a public hearing in the absence of any law mandating it. 15 In the absence of any law, or of any procedures in any 16 law, mandating the holding of a public hearing, the 17 Commission may authorize a Commissioner or other person of 18 legal age to conduct a hearing. The Commissioner or other 19 authorized person has the power to administer oaths and 20 affirmations, take the testimony of witnesses, take and 21 receive the production of papers, books, records, accounts, 22 and documents, receive pertinent evidence, and certify the 23 record of the hearing. The record of the hearing shall 24 become part of the Commission's record. Notice of the time, 25 place, and purpose of the hearing shall be given by a single 26 publication notice in a secular newspaper of general 27 circulation in the City of Springfield at least 10 days 28 before the date of the hearing. 29 Section 85. Jurisdiction. This Act shall not be 30 construed to limit the jurisdiction of the City of 31 Springfield to territory outside the limits of the District 32 nor to impair any power now possessed by or hereafter granted 33 to the City of Springfield or to cities generally. Property SB1609 Enrolled -15- LRB9213759ACcd 1 owned by and exclusively used by the Commission shall be 2 exempt from taxation and shall be subject to condemnation by 3 the State and any municipal corporation or agency of the 4 State for any State or municipal purpose under the provisions 5 for the exercise of the right of eminent domain under Article 6 VII of the Code of Civil Procedure. 7 Section 90. Disposition of money; income fund. All money 8 received by the Commission from the sale or lease of any 9 property, in excess of the amount expended by the Commission 10 for authorized purposes under this Act or as may be necessary 11 to satisfy the obligation of any revenue bond issued pursuant 12 to Section 35, shall be paid into the State treasury for 13 deposit into the Illinois Medical District at Springfield 14 Income Fund. The Commission is authorized to use all money 15 received as rentals for the purposes of planning, 16 acquisition, and development of property within the District, 17 for the operation, maintenance, and improvement of property 18 of the Commission, and for all purposes and powers set forth 19 in this Act. All moneys held pursuant to this Section shall 20 be maintained in a depository approved by the State 21 Treasurer. The Auditor General shall, at least biennially, 22 audit or cause to be audited all records and accounts of the 23 Commission pertaining to the operation of the District. 24 Section 95. Attorney General. The Attorney General of 25 the State of Illinois is the legal advisor to the Commission 26 and shall prosecute or defend, as the case may be, all 27 actions brought by or against the Commission. 28 Section 900. The State Finance Act is amended by adding 29 Sections 5.595 and 6z-60 as follows: 30 (30 ILCS 105/5.595 new) SB1609 Enrolled -16- LRB9213759ACcd 1 Sec. 5.595. The Illinois Medical District at Springfield 2 Income Fund. 3 (30 ILCS 105/6z-60 new) 4 Sec. 6z-60. Illinois Medical District at Springfield 5 Income Fund. All payments received from the Illinois Medical 6 District at Springfield Commission for deposit into the 7 Illinois Medical District at Springfield Income Fund shall be 8 expended only pursuant to appropriation. Amounts in the Fund 9 may be appropriated to the Commission for use in purchasing 10 real estate. 11 Section 999. Effective date. This Act takes effect on 12 January 1, 2003.