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| [ Senate Amendment 001 ] |
92_SB1609ham001
LRB9213759JMemam01
1 AMENDMENT TO SENATE BILL 1609
2 AMENDMENT NO. . Amend Senate Bill 1609 by replacing
3 everything after the enacting clause with the following:
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:
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1 (1) maintain the proper surroundings for a medical
2 center and a related technology center in order to
3 attract, stabilize, and retain within the District
4 hospitals, clinics, research facilities, educational
5 facilities, or other facilities permitted under this Act;
6 and
7 (2) provide for the orderly creation, maintenance,
8 development, and expansion of (i) health care facilities
9 and other ancillary or related facilities that the
10 Commission may from time to time determine are
11 established and operated (A) for any aspect of the
12 carrying out of the Commission's purposes as set forth in
13 this Act, (B) for the study, diagnosis, and treatment of
14 human ailments and injuries, whether physical or mental,
15 or (C) to promote medical, surgical, and scientific
16 research and knowledge as permitted under this Act; and
17 (ii) medical research and high technology parks, together
18 with the necessary lands, buildings, facilities,
19 equipment, and personal property for those parks.
20 (b) The Commission has perpetual succession and the
21 power to contract and be contracted with, to sue and be sued
22 except in actions sounding in tort, to plead and be
23 impleaded, to have and use a common seal, and to alter the
24 same at pleasure. All actions sounding in tort against the
25 Commission shall be prosecuted in the Court of Claims. The
26 principal office of the Commission shall be in the City of
27 Springfield.
28 (c) The Commission shall consist of the following
29 members: 4 members appointed by the Governor, with the
30 advice and consent of the Senate; 4 members appointed by the
31 Mayor of Springfield, with the advice and consent of the
32 Springfield city council; and one member appointed by the
33 Chairperson of the County Board of Sangamon County. The
34 initial members of the Commission appointed by the Governor
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1 shall be appointed for terms ending, respectively on the
2 second, third, fourth, and fifth anniversaries of their
3 appointments. The initial members appointed by the Mayor of
4 Springfield shall be appointed 2 each for terms ending,
5 respectively, on the second and third anniversaries of their
6 appointments. The initial member appointed by the
7 Chairperson of the County Board of Sangamon County shall be
8 appointed for a term ending on the fourth anniversary of the
9 appointment. Thereafter, all the members shall be appointed
10 to hold office for a term of 5 years and until their
11 successors are appointed as provided in this Act.
12 (d) Any vacancy in the membership of the Commission
13 occurring by reason of the death, resignation,
14 disqualification, removal, or inability or refusal to act of
15 any of the members of the Commission shall be filled by the
16 authority that had appointed the particular member, and for
17 the unexpired term of office of that particular member. A
18 vacancy caused by the expiration of the period for which the
19 member was appointed shall be filled by a new appointment for
20 a term of 5 years from the date of the expiration of the
21 prior 5-year term notwithstanding when the appointment is
22 actually made. The Commission shall obtain, under the
23 provisions of the Personnel Code, such personnel as to the
24 Commission shall deem advisable to carry out the purposes of
25 this Act and the work of the Commission.
26 (e) The Commission shall hold regular meetings annually
27 for the election of a President, Vice-President, Secretary,
28 and Treasurer, for the adoption of a budget, and for such
29 other business as may properly come before it. The
30 Commission shall elect as the President a member of the
31 Commission appointed by the Mayor of Springfield and as the
32 Vice-President a member of the Commission appointed by the
33 Governor. The Commission shall establish the duties and
34 responsibilities of its officers by rule. The President or
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1 any 3 members of the Commission may call special meetings of
2 the Commission. Each Commissioner shall take an oath of
3 office for the faithful performance of his or her duties.
4 The Commission may not transact business at a meeting of the
5 Commission unless there is present at the meeting a quorum
6 consisting of at least 5 Commissioners. Meetings may be
7 held by telephone conference or other communications
8 equipment by means of which all persons participating in the
9 meeting can communicate with each other.
10 (f) The Commission shall submit to the General Assembly,
11 not later than March 1 of each odd-numbered year, a detailed
12 report covering its operations for the 2 preceding calendar
13 years and a statement of its program for the next 2 years.
14 The requirement for reporting to the General Assembly
15 shall be satisfied by filing copies of the report with the
16 Speaker, the Minority Leader, and the Clerk of the House of
17 Representatives and the President, the Minority Leader, and
18 the Secretary of the Senate and with the Legislative Research
19 Unit, as required by Section 3.1 of the General Assembly
20 Organization Act, and by filing such additional copies with
21 the State Government Report Distribution Center for the
22 General Assembly as is required under paragraph (t) of
23 Section 7 of the State Library Act.
24 (g) The Auditor General shall conduct audits of the
25 Commission in the same manner as the Auditor General conducts
26 audits of State agencies under the Illinois State Auditing
27 Act.
28 (h) Neither the Commission nor the District have any
29 power to tax.
30 (i) The Commission is a public body and subject to the
31 Open Meetings Act and the Freedom of Information Act.
32 Section 15. Grants; loans; contracts. The Commission may
33 apply for and accept grants, loans, or appropriations from
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1 the State of Illinois, the federal government, any State or
2 federal agency or instrumentality, any unit of local
3 government, or any other person or entity to be used for any
4 of the purposes of the District. The Commission may enter
5 into any agreement with the State of Illinois, the federal
6 government, any State or federal instrumentality, any unit of
7 local government, or any other person or entity in relation
8 to the grants, matching grants, loans, or appropriations.
9 The Commission also may, by contractual agreement, accept and
10 collect assessments or fees from entities who enter into such
11 a contractual agreement for District enhancement and
12 improvements, common area shared services, shared facilities,
13 or other activities or expenditures in furtherance of the
14 purposes of this Act. The Commission may make grants to
15 neighborhood organizations within the District for the
16 purpose of benefitting the community.
17 Section 20. Property; acquisition. The Commission is
18 authorized to acquire the fee simple title to real property
19 lying within the District and personal property required for
20 its purposes, by gift, purchase, or otherwise. Title shall be
21 taken in the corporate name of the Commission. The Commission
22 may acquire by lease any real property lying within the
23 District and personal property found by the Commission to be
24 necessary for its purposes and to which the Commission finds
25 that it need not acquire the fee simple title for carrying
26 out of those purposes. All real and personal property within
27 the District, except that owned and used for purposes
28 authorized under this Act by medical institutions or allied
29 educational institutions, hospitals, dispensaries, clinics,
30 dormitories or homes for the nurses, doctors, students,
31 instructors, or other officers or employees of those
32 institutions located in the District, or any real property
33 that is used for offices or for recreational purposes in
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1 connection with those institutions, or any improved
2 residential property within a currently effective historical
3 district properly designated under a federal statute or a
4 State or local statute that has been certified by the
5 Secretary of the Interior to the Secretary of the Treasury as
6 containing criteria that will substantially achieve the
7 purpose of preserving and rehabilitating buildings of
8 historical significance to the district, may be acquired by
9 the Commission in its corporate name under the provisions for
10 the exercise of the right of eminent domain under Article VII
11 of the Code of Civil Procedure. The Commission has no
12 quick-take powers, no zoning powers, and no power to
13 establish or enforce building codes. The Commission may not
14 acquire any property pursuant to this Section before a
15 comprehensive master plan has been approved under Section 70.
16 Section 25. Construction. The Commission may, in its
17 corporate capacity, construct or cause to be constructed
18 within the District, hospitals, sanitariums, clinics,
19 laboratories, or any other institution, building, or
20 structure or other ancillary or related facilities that the
21 Commission may, from time to time, determine are established
22 and operated (i) for the carrying out of any aspect of the
23 Commission's purposes as set forth in this Act, for the
24 study, diagnosis, and treatment of human ailments and
25 injuries, whether physical or mental, or to promote medical,
26 surgical, and scientific research and knowledge, for any uses
27 the Commission shall determine will support and nurture
28 facilities and uses permitted by this Act, or for such
29 nursing, extended care, or other facilities as the Commission
30 shall find useful in the study of, research in, or treatment
31 of illnesses or infirmities peculiar to aged people, after a
32 public hearing to be held by any Commissioner or other person
33 authorized by the Commission to conduct the hearing, which
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1 Commissioner or other person has the power to administer
2 oaths and affirmations and take the testimony of witnesses
3 and receive such documentary evidence as shall be pertinent,
4 the record of which hearing he or she shall certify to the
5 Commission, which record shall become part of the records of
6 the Commission, notice of the time, place, and purpose of the
7 hearings to be given by a single publication notice in a
8 secular newspaper of general circulation in the City of
9 Springfield at least 10 days before the date of the hearing,
10 or (ii) for such institutions as shall engage in the
11 training, education, or rehabilitation of persons who by
12 reason of illness or physical infirmity are wholly or
13 partially deprived of their powers of vision or hearing or of
14 the use of such other part or parts of their bodies as
15 prevent them from pursuing normal activities of life, for
16 office buildings for physicians or dealers in medical
17 accessories, for dormitories, homes, or residences for the
18 medical profession, including interns, nurses, students, or
19 other officers or employees of the institutions within the
20 District, for the use of relatives of patients in the
21 hospitals or other institutions within the District, for the
22 rehabilitation or establishment of residential structures
23 within a historic district properly designated under a
24 federal statute or a State or local statute that has been
25 certified by the Secretary of the Interior to the Secretary
26 of the Treasury as containing criteria that will
27 substantially achieve the purpose of preserving and
28 rehabilitating buildings of historic significance to the
29 district, or such other areas of the District as the
30 Commission shall designate, for research, development, and
31 resultant production in any of the fields of medicine,
32 chemistry, pharmaceuticals, physics, and genetically
33 engineered products, for biotechnology, information
34 technology, medical technology, or environmental technology,
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1 for the research and development of engineering, or for
2 computer technology related to any of the purposes for which
3 the Commission may construct structures and improvements
4 within the District. All such structures and improvements
5 shall be erected and constructed in accordance with the
6 provisions of the Illinois Procurement Code that apply to
7 State agencies. No construction may be undertaken pursuant to
8 this Section before a comprehensive master plan has been
9 approved under Section 70.
10 Section 30. Relocation assistance. The Commission shall
11 provide relocation assistance to persons and entities
12 displaced by the Commission's acquisition of property and
13 improvement of the District. Relocation assistance shall not
14 be less than provided under the federal Uniform Relocation
15 Assistance and Real Property Acquisition Policies Act of 1970
16 and the regulations under that Act, including the eligibility
17 criteria. Relocation assistance may include assistance with
18 the moving of a residential unit to a new location. The
19 Commission shall establish a single point of contact for all
20 relocation assistance under this Section.
21 Section 35. Bonds. To obtain the funds necessary for
22 financing the acquisition of land, for the acquisition,
23 construction, maintenance, and rehabilitation of facilities
24 and equipment within the District, and for the operation of
25 the District as set forth in this Act, the Commission may
26 borrow money from any public or private agency, department,
27 corporation, or person. In evidence of and as security for
28 funds borrowed, the Commission may issue revenue bonds in its
29 corporate capacity to be payable from the revenues derived
30 from the operation of the institutions or buildings owned,
31 leased, or operated by or on behalf of the Commission, but
32 the bonds shall in no event constitute an indebtedness of the
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1 Commission or a claim against the property of the Commission.
2 The bonds may be issued in such denominations as may be
3 expedient, in such amounts, and at such rates of interest as
4 the Commission shall deem necessary to provide sufficient
5 funds to pay all the costs authorized under this Section. The
6 bonds shall be executed by the President of the Commission,
7 attested by the Secretary, and sealed with the Commission's
8 corporate seal. If either of those officers of the Commission
9 who shall have signed or attested any of the bonds shall have
10 ceased to be such officer before delivery of the bonds, the
11 signature of the officer shall be valid and sufficient to the
12 same effect as if the officer had remained in office at the
13 time of delivery. The Commission shall furnish the State
14 Comptroller with a record of all bonds issued under this Act.
15 Section 40. Power to sell or lease. The Commission may
16 sell, convey, transfer, or lease, all at fair market value,
17 any title or interest in real property owned by it to any
18 person or persons, to be used, subject to the restrictions of
19 this Act, for the purposes stated in Section 25, or for the
20 purpose of serving persons using the facilities offered
21 within the District or for carrying out of any aspect of the
22 Commission's purposes as set forth in Section 10 of this Act,
23 subject to such restrictions as to the use of the real
24 property as the Commission shall determine will carry out the
25 purpose of this Act. To assure that the use of the real
26 property so sold or leased is in accordance with the
27 provisions of this Act, the Commission shall inquire into and
28 satisfy itself concerning the financial ability of the
29 purchaser to complete the project for which the real property
30 is sold or leased in accordance with a plan to be presented
31 by the purchaser or lessee, which plan shall be submitted, in
32 writing, to the Commission. Under the plan, the purchaser or
33 lessee shall undertake (1) to use the land for the purposes
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1 designated in the plan so presented; (2) to commence and
2 complete the construction of the buildings or other
3 structures to be included in the project within such periods
4 of time as the Commission fixes as reasonable; and (3) to
5 comply with such other conditions as the Commission shall
6 determine are necessary to carry out the project. All
7 conveyances and leases authorized in this Section shall be on
8 condition that, in the event of use for other than the
9 purposes prescribed in this Act, or of nonuse for a period of
10 one year, title to the property shall revert to the
11 Commission. All conveyances and leases made by the Commission
12 to any corporation or person for the use of serving the
13 residents or any person using the facilities offered within
14 the District shall be on condition that in the event of
15 violation of any of the restrictions as to the use of the
16 property as the Commission shall have determined will carry
17 out the purposes of this Act, that title to the property
18 shall revert to the Commission. If, however, the Commission
19 finds that financing necessary for the acquisition or lease
20 of any real estate or for the construction of any building or
21 improvement to be used for purposes prescribed in this Act
22 cannot be obtained if title to the land or building or
23 improvement is subject to such a reverter provision, which
24 finding shall be made by the Commission after public hearing
25 held pursuant to a single publication notice given in a
26 secular newspaper of general circulation in the City of
27 Springfield at least 10 days before the date of the hearing,
28 the notice to specify the time, place, and purpose for the
29 hearing, and upon that finding being made, the Commission may
30 cause the real property to be conveyed free of a reverter
31 provision, provided that at least 7 members of the Commission
32 vote in favor thereof. The Commission may also provide in the
33 conveyances, leases, or other documentation provisions for
34 notice of such violations or default and the cure thereof for
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1 the benefit of any lender or mortgagee as the Commission
2 shall determine are appropriate. If, at a regularly scheduled
3 meeting, the Commission resolves that a parcel of real estate
4 leased by it, or in which it has sold the fee simple title or
5 any lesser estate, is not being used for the purposes
6 prescribed in this Act or has been in nonuse for a period of
7 one year, the Commission may file a law suit in the circuit
8 court of Sangamon County to enforce the terms of the sale or
9 lease. If a reverter of title to any property is ordered by
10 the court under the terms of this Act, the interest of the
11 Commission shall be subject to any then existing valid
12 mortgage or trust deed in the nature of a mortgage, but if
13 the title is acquired through foreclosure of that mortgage or
14 trust deed or by deed in lieu of foreclosure of that mortgage
15 or trust deed, then the title to the property shall not
16 revert, but shall be subject to the restrictions as to use,
17 but not any penalty for nonuse, contained in this Act with
18 respect to any mortgagee in possession or its successor or
19 assigns.
20 No conveyance of real property shall be executed by the
21 Commission without the prior written approval of the
22 Governor. The Commission may not sell, convey, transfer, or
23 lease any property pursuant to this Section before a
24 comprehensive master plan has been approved under Section 70.
25 Section 45. Notice. Before holding any public hearing
26 prescribed in Section 40 of this Act, or any meeting
27 regarding the passage of any resolution to file a law suit,
28 the Commission shall give notice to the grantee or lessee, or
29 his or her legal representatives, successors, or assigns, of
30 the time and place of the proceeding. The notice shall be
31 accompanied by a statement signed by the Secretary of the
32 Commission, or by any person authorized by the Commission to
33 sign the same, setting forth any act or things done or
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1 omitted to be done in violation, or claimed to be in
2 violation, of any restriction as to the use of the property,
3 whether the restriction be prescribed in any of the terms of
4 this Act or by any restriction as to the use of the property
5 determined by the Commission under the terms of this Act. The
6 notice of the time and place fixed for the proceeding shall
7 also be given to such person or persons as the Commission
8 shall deem necessary. The notice may be given by registered
9 mail, addressed to the grantee, lessee, or legal
10 representatives, successors, or assigns, at the last known
11 address of the grantee, lessee, or legal representatives,
12 successors, or assigns.
13 Section 50. Rules. The Commission may adopt reasonable
14 and proper rules, in accordance with the Illinois
15 Administrative Procedure Act, relative to the exercise of its
16 powers, and proper rules to govern its proceedings, to
17 regulate the mode and manner of all hearings held by it or at
18 its direction, and to alter and amend those rules.
19 Section 55. Official documents. Copies of all official
20 documents, findings, and orders of the Commission, certified
21 by a Commissioner or by the Secretary of the Commission to be
22 true copies of the originals, under the official seal of the
23 Commission, shall be evidence in like manner as the
24 originals.
25 Section 60. Judicial review. Any party may obtain a
26 judicial review of a final order or decision of the
27 Commission in the circuit court of Sangamon County only under
28 and in accordance with the provisions of the Administrative
29 Review Law and the rules adopted under that Law. The circuit
30 court shall take judicial notice of all the rules of practice
31 and procedure of the Commission.
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1 Section 65. Parks. The Commission may set apart any
2 part of the District as a park, except those areas owned,
3 operated, or used for purposes authorized under this Act by
4 organizations or institutions engaged in the delivery or
5 conduct of health care services, education, or research, and
6 may construct, control, and maintain the same or may provide
7 by contract with the Springfield Park District or the City of
8 Springfield for the construction, control, and maintenance of
9 any area within the District set apart as a park.
10 Section 70. Master plan; improvement and management of
11 District. The Commission shall prepare and approve a
12 comprehensive master plan for the orderly development and
13 management of all property within the District. The master
14 plan, and any amendment to the master plan, shall not take
15 effect, however, until it has been approved by the advisory
16 council and the Springfield city council. The Commission
17 shall take the actions permitted to be taken by it under this
18 Act as it may determine are appropriate to provide conditions
19 most favorable for the special care and treatment of the sick
20 and injured and for the study of disease and for any other
21 purpose in Section 25 of this Act. In the master plan, the
22 Commission may provide for shared services and facilities
23 within the District for the accredited schools of medicine
24 and the licensed non-profit acute care hospitals within the
25 District.
26 Section 75. Advisory Council. The Commission must
27 establish an advisory council consisting of 2
28 representatives, appointed for one-year terms by the Mayor of
29 Springfield, of each recognized neighborhood organization
30 that the Mayor determines has a legitimate interest in the
31 development and improvement of the District. There is no
32 limit on the number of terms to which a person may be
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1 appointed as a member. The advisory council shall review and
2 make recommendations to the Commission with respect to the
3 comprehensive master plan to be adopted by the Commission.
4 The advisory council may fulfill such other responsibilities
5 as the Commission may request in furtherance of the purposes
6 of this Act. The advisory council shall meet at the call of
7 the President of the Commission and shall conduct its affairs
8 in accordance with the rules that the Commission may adopt
9 from time to time for the governance and operation of the
10 advisory council.
11 Section 80. Public hearing. The Commission shall
12 conduct a public hearing prior to either acquiring through
13 eminent domain under Section 20 of this Act real or personal
14 property within the District or approving under Section 70 of
15 this Act a comprehensive master plan. The Commission shall
16 also conduct a public hearing whenever it is otherwise
17 required by law to do so, and may conduct a public hearing
18 whenever it may elect to do so.
19 The Commission shall conduct the public hearing called by
20 it in accordance with the requirements of the law mandating
21 it, if any, or in accordance with the provisions of this
22 Section if either the law mandating it is silent as to the
23 procedures for its holding or if the Commission elects to
24 hold a public hearing in the absence of any law mandating it.
25 In the absence of any law, or of any procedures in any
26 law, mandating the holding of a public hearing, the
27 Commission may authorize a Commissioner or other person of
28 legal age to conduct a hearing. The Commissioner or other
29 authorized person has the power to administer oaths and
30 affirmations, take the testimony of witnesses, take and
31 receive the production of papers, books, records, accounts,
32 and documents, receive pertinent evidence, and certify the
33 record of the hearing. The record of the hearing shall
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1 become part of the Commission's record. Notice of the time,
2 place, and purpose of the hearing shall be given by a single
3 publication notice in a secular newspaper of general
4 circulation in the City of Springfield at least 10 days
5 before the date of the hearing.
6 Section 85. Jurisdiction. This Act shall not be
7 construed to limit the jurisdiction of the City of
8 Springfield to territory outside the limits of the District
9 nor to impair any power now possessed by or hereafter granted
10 to the City of Springfield or to cities generally. Property
11 owned by and exclusively used by the Commission shall be
12 exempt from taxation and shall be subject to condemnation by
13 the State and any municipal corporation or agency of the
14 State for any State or municipal purpose under the provisions
15 for the exercise of the right of eminent domain under Article
16 VII of the Code of Civil Procedure.
17 Section 90. Disposition of money; income fund. All money
18 received by the Commission from the sale or lease of any
19 property, in excess of the amount expended by the Commission
20 for authorized purposes under this Act or as may be necessary
21 to satisfy the obligation of any revenue bond issued pursuant
22 to Section 35, shall be paid into the State treasury for
23 deposit into the Illinois Medical District at Springfield
24 Income Fund. The Commission is authorized to use all money
25 received as rentals for the purposes of planning,
26 acquisition, and development of property within the District,
27 for the operation, maintenance, and improvement of property
28 of the Commission, and for all purposes and powers set forth
29 in this Act. All moneys held pursuant to this Section shall
30 be maintained in a depository approved by the State
31 Treasurer. The Auditor General shall, at least biennially,
32 audit or cause to be audited all records and accounts of the
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1 Commission pertaining to the operation of the District.
2 Section 95. Attorney General. The Attorney General of
3 the State of Illinois is the legal advisor to the Commission
4 and shall prosecute or defend, as the case may be, all
5 actions brought by or against the Commission.
6 Section 900. The State Finance Act is amended by adding
7 Sections 5.595 and 6z-60 as follows:
8 (30 ILCS 105/5.595 new)
9 Sec. 5.595. The Illinois Medical District at Springfield
10 Income Fund.
11 (30 ILCS 105/6z-60 new)
12 Sec. 6z-60. Illinois Medical District at Springfield
13 Income Fund. All payments received from the Illinois Medical
14 District at Springfield Commission for deposit into the
15 Illinois Medical District at Springfield Income Fund shall be
16 expended only pursuant to appropriation. Amounts in the Fund
17 may be appropriated to the Commission for use in purchasing
18 real estate.
19 Section 999. Effective date. This Act takes effect on
20 January 1, 2003.".