Public Act 097-0259
 
HB1888 EnrolledLRB097 06055 RLJ 46128 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Roseland Community Medical District Act.
 
    Section 5. Creation of District. There is created a medical 
center district, the Roseland Community Medical District, 
whose boundaries are West 110th Street on the North from South 
Stewart Avenue on the West to South Michigan Avenue on the East 
and West 112th Street and East 112th Street on the South. The 
District is created to attract and retain academic centers of 
excellence, viable health care facilities, medical research 
facilities, emerging high technology enterprises, and other 
facilities and uses as permitted by this Act.
 
    Section 10. The Roseland Community Medical District 
Commission. 
    (a) There is created a body politic and corporate under the 
corporate name of the Roseland Community Medical District 
Commission whose general purpose, in addition to and not in 
limitation of those purposes and powers set forth in this Act, 
is to:
        (1) maintain the proper surroundings for a medical 
    center and a related technology center in order to attract, 
    stabilize, and retain within the District hospitals, 
    clinics, research facilities, educational facilities, or 
    other facilities permitted under this Act; and
        (2) provide for the orderly creation, maintenance, 
    development, and expansion of (i) health care facilities 
    and other ancillary or related facilities that the 
    Commission may from time to time determine are established 
    and operated (A) for any aspect of the carrying out of the 
    Commission's purposes as set forth in this Act, (B) for the 
    study, diagnosis, and treatment of human ailments and 
    injuries, whether physical or mental, or (C) to promote 
    medical, surgical, and scientific research and knowledge 
    as permitted under this Act; and (ii) medical research and 
    high technology parks, together with the necessary lands, 
    buildings, facilities, equipment, and personal property 
    for those parks.
    (b) The Commission has perpetual succession and the power 
to contract and be contracted with, to sue and be sued except 
in tort actions, to plead and be impleaded, to have and use a 
common seal, and to alter the same at pleasure. All tort 
actions against the Commission shall be prosecuted in the Court 
of Claims. The principal office of the Commission shall be 
located at the Roseland Community Hospital. The Commission 
shall obtain any personnel as the Commission deems advisable to 
carry out the purposes of this Act and the work of the 
Commission.
    (c) The Commission shall consist of 9 appointed members and 
3 ex officio members. Three members shall be appointed by the 
Governor. Three members shall be appointed by the Mayor of the 
City of Chicago. Three members shall be appointed by the 
Chairman of the County Board of Cook County. All appointed 
members shall hold office for a term of 3 years ending on 
December 31, and until their successors are appointed and have 
qualified; except that of the initial appointed members, each 
appointing authority shall designate one appointee to serve for 
a term ending December 31, 2011, one appointee to serve for a 
term ending December 31, 2012, and one appointee to serve for a 
term ending December 31, 2013.
    The Director of Commerce and 
Economic Opportunity or his or her designee, the Director of 
Public Health or his or her designee, and the Secretary of 
Human Services or his or her designee shall serve as ex officio 
members.
    
    (d) Any vacancy in the appointed membership of the 
Commission occurring by reason of the death, resignation, 
disqualification, removal, or inability or refusal to act of 
any of the members of the Commission shall be filled by the 
authority that appointed the particular member, and for the 
unexpired term of office of that particular member.
    
    (e) The Commission shall hold regular meetings annually for 
the election of a President, Vice President, Secretary, and 
Treasurer, for the adoption of a budget, and for any other 
business as may properly come before it. The Commission shall 
establish the duties and responsibilities of its officers by 
rule. The President or any 3 members of the Commission may call 
special meetings of the Commission. Each commissioner shall 
take an oath of office for the faithful performance of his or 
her duties. The Commission may not transact business at a 
meeting of the Commission unless there is present at the 
meeting a quorum consisting of at least 7 commissioners. 
Meetings may be held by telephone conference or other 
communications equipment by means of which all persons 
participating in the meeting can communicate with each other.
    
    (f) The Commission shall submit to the General Assembly, 
not later than March 1 of each odd numbered year, a detailed 
report covering its operations for the 2 preceding calendar 
years and a statement of its program for the next 2 years.
    The requirement for reporting to the General Assembly shall 
be satisfied by filing copies of the report with the Speaker, 
the Minority Leader, and the Clerk of the House of 
Representatives; the President, the Minority Leader, and the 
Secretary of the Senate; the Legislative Research Unit as 
required by Section 3.1 of the General Assembly Organization 
Act; and the State Government Report Distribution Center for 
the General Assembly as is required under paragraph (t) of 
Section 7 of the State Library Act.
   
    (g) The Auditor General shall conduct audits of the 
Commission in the same manner as the Auditor General conducts 
audits of State agencies under the Illinois State Auditing Act.
    
    (h) Neither the Commission nor the District have any power 
to tax.
    
    (i) The Commission is a public body and subject to the Open 
Meetings Act and the Freedom of Information Act.

 
    Section 15. Grants; loans; contracts. The Commission may 
apply for and accept grants, loans, or appropriations from the 
State of Illinois, the federal government, any State or federal 
agency or instrumentality, any unit of local government, or any 
other person or entity to be used for any of the purposes of 
the District. The Commission may enter into any agreement with 
the State of Illinois, the federal government, any State or 
federal instrumentality, any unit of local government, or any 
other person or entity in relation to the grants, matching 
grants, loans, or appropriations. The Commission also may, by 
contractual agreement, accept and collect assessments or fees 
from entities that enter into such a contractual agreement for 
District enhancement and improvements, common area shared 
services, shared facilities, or other activities or 
expenditures in furtherance of the purposes of this Act. The 
Commission may make grants to neighborhood organizations 
within the District for the purpose of benefitting the Medical 
District.
 
    Section 20. Property; acquisition. The Commission is 
authorized to acquire the fee simple title to real property 
lying within the District and personal property required for 
its purposes, by gift, purchase, or otherwise. Title shall be 
taken in the corporate name of the Commission. The Commission 
may acquire by lease any real property located within the 
District and personal property found by the Commission to be 
necessary for its purposes and to which the Commission finds 
that it need not acquire the fee simple title for carrying out 
of those purposes. All real and personal property within the 
District, except that owned and used for purposes authorized 
under this Act by medical institutions or allied educational 
institutions, hospitals, dispensaries, clinics, dormitories or 
homes for the nurses, doctors, students, instructors, or other 
officers or employees of those institutions located in the 
District, or any real property that is used for offices or for 
recreational purposes in connection with those institutions, 
or any improved residential property within a historical 
district properly designated under a federal statute or a State 
or local statute that has been certified by the Secretary of 
the Interior of the United States to the Secretary of the 
Treasury of the United States as containing criteria that will 
substantially achieve the purpose of preserving and 
rehabilitating buildings of historical significance to the 
District, may be acquired by the Commission in its corporate 
name under the provisions for the exercise of the right of 
eminent domain under the Eminent Domain Act. The Commission has 
no quick take powers, no zoning powers, and no power to 
establish or enforce building codes. The Commission may not 
acquire any property pursuant to this Section before a 
comprehensive master plan has been approved under Section 60. 
Property owned by and exclusively used by the Commission shall 
be exempt from taxation.
 
    Section 25. Construction. The Commission may, in its 
corporate capacity, construct or cause to be constructed within 
the District hospitals, sanitariums, clinics, laboratories, or 
any other institution, building, or structure or other 
ancillary or related facilities that the Commission may, from 
time to time, determine are established and operated (i) for 
the carrying out of any aspect of the Commission's purposes as 
set forth in this Act, for the study, diagnosis, and treatment 
of human ailments and injuries, whether physical or mental, or 
to promote medical, surgical, and scientific research and 
knowledge, for any uses the Commission shall determine will 
support and nurture facilities and uses permitted by this Act, 
or for any nursing, extended care, or other facilities as the 
Commission shall find useful in the study of, research in, or 
treatment of illnesses or infirmities peculiar to aged people, 
after a public hearing to be held by any commissioner or other 
person authorized by the Commission to conduct the hearing, the 
commissioner or other person has the power to administer oaths 
and affirmations and take the testimony of witnesses and 
receive any documentary evidence as shall be pertinent, the 
commissioner or other person shall certify to the Commission 
the record of the hearing, the record shall become part of the 
records of the Commission, notice of the time, place, and 
purpose of the hearings to be given by a single publication 
notice in a secular newspaper of general circulation in Cook 
County at least 10 days before the date of the hearing, or (ii) 
for any institutions that engage in the training, education, or 
rehabilitation of persons who by reason of illness or physical 
infirmity are wholly or partially deprived of their powers of 
vision or hearing or of the use of any other part or parts of 
their bodies as to prevent them from pursuing normal activities 
of life, for office buildings for physicians or dealers in 
medical accessories, for dormitories, homes, or residences for 
the medical profession, including interns, nurses, students, 
or other officers or employees of the institutions within the 
District, for the use of relatives of patients in the hospitals 
or other institutions within the District, for the 
rehabilitation or establishment of residential structures 
within a historic district properly designated under a federal 
statute or a State or local statute that has been certified by 
the Secretary of the Interior of the United States to the 
Secretary of the Treasury of the United States as containing 
criteria that will substantially achieve the purpose of 
preserving and rehabilitating buildings of historic 
significance to the District, or any other areas of the 
District as the Commission shall designate, for research, 
development, and resultant production in any of the fields of 
medicine, chemistry, pharmaceuticals, physics, and genetically 
engineered products, for biotechnology, information 
technology, medical technology, or environmental technology, 
for the research and development of engineering, or for 
computer technology related to any of the purposes for which 
the Commission may construct structures and improvements 
within the District. All structures and improvements shall be 
erected and constructed in accordance with the provisions of 
the Illinois Procurement Code that apply to State agencies. No 
construction may be undertaken pursuant to this Section before 
a comprehensive master plan has been approved under Section 60.
 
    Section 30. Relocation assistance. The Commission may 
provide relocation assistance to persons and entities 
displaced by the Commission's acquisition of property and 
improvement of the District. Relocation assistance shall not be 
less than that provided under the federal Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 
and the regulations under that Act, including the eligibility 
criteria. Relocation assistance may include assistance with 
the moving of a residential unit to a new location. The 
Commission shall establish a single point of contact for all 
relocation assistance under this Section.
 
    Section 35. Power to sell or lease.         The Commission may 
sell, convey, transfer, or lease, all at fair market value, any 
title or interest in real property owned by it to any person or 
persons, to be used, subject to the restrictions of this Act, 
for the purposes stated in Section 25, for the purpose of 
serving persons using the facilities offered within the 
District, or for carrying out of any aspect of the Commission's 
purposes as set forth in Section 10 of this Act, subject to the 
restrictions as to the use of the real property as the 
Commission determines will carry out the purpose of this Act. 
To assure that the use of the real property sold or leased 
under this Section is in accordance with the provisions of this 
Act, the Commission shall inquire into and satisfy itself 
concerning the financial ability of the purchaser to complete 
the project for which the real property is sold or leased in 
accordance with a plan to be presented by the purchaser or 
lessee, which plan shall be submitted, in writing, to the 
Commission. Under the plan, the purchaser or lessee shall 
undertake (i) to use the land for the purposes designated in 
the presented plan; (ii) to commence and complete the 
construction of the buildings or other structures to be 
included in the project within the periods of time as the 
Commission fixes as reasonable; and (iii) to comply with any 
other conditions as the Commission shall determine are 
necessary to carry out the project. All conveyances and leases 
authorized in this Section shall be on condition that, in the 
event of use for other than the purposes prescribed in this 
Act, or of nonuse for a period of one year, title to the 
property reverts to the Commission. All conveyances and leases 
made by the Commission to any corporation or person for the use 
of serving the residents or any person using the facilities 
offered within the District shall be on condition that in the 
event of violation of any of the restrictions as to the use of 
the property as the Commission shall have determined will carry 
out the purposes of this Act, that title to the property 
reverts to the Commission. If, however, the Commission finds 
that financing necessary for the acquisition or lease of any 
real estate or for the construction of any building or 
improvement to be used for purposes prescribed in this Act 
cannot be obtained if title to the land, building, or 
improvement is subject to such a reverter provision, the 
finding shall be made by the Commission after a public hearing 
held pursuant to a single publication notice given in a secular 
newspaper of general circulation in Cook County at least 10 
days before the date of the hearing, the notice to specify the 
time, place, and purpose for the hearing, and upon that finding 
being made, the Commission may cause the real property to be 
conveyed free of a reverter provision, provided that at least 7 
members of the Commission vote in favor thereof. The Commission 
may also provide in the conveyances, leases, or other 
documentation provisions for notice of such violations or 
default and the cure thereof for the benefit of any lender or 
mortgagee as the Commission shall determine are appropriate. 
If, at a regularly scheduled meeting, the Commission resolves 
that a parcel of real estate leased by it, or in which it has 
sold the fee simple title or any lesser estate, is not being 
used for the purposes prescribed in this Act or has been in 
nonuse for a period of one year, the Commission may file a 
lawsuit in the circuit court of Cook County to enforce the 
terms of the sale or lease. If a reverter of title to any 
property is ordered by the court under the terms of this Act, 
the interest of the Commission shall be subject to any then 
existing valid mortgage or trust deed in the nature of a 
mortgage, but if the title is acquired through foreclosure of 
that mortgage or trust deed or by deed in lieu of foreclosure 
of that mortgage or trust deed, then the title to the property 
shall not revert, but shall be subject to the restrictions as 
to use, but not any penalty for nonuse, contained in this Act 
with respect to any mortgagee in possession or its successor or 
assigns.
    The Commission may not sell, convey, transfer, or lease any 
property pursuant to this Section before a comprehensive master 
plan has been approved under Section 60.
 
    Section 40. Notice. Before holding any public hearing 
prescribed in Section 35 of this Act, or any meeting regarding 
the passage of any resolution to file a lawsuit, the Commission 
shall give notice to the grantee or lessee, or his or her legal 
representatives, successors, or assigns, of the time and place 
of the proceeding. The notice shall be accompanied by a 
statement signed by the secretary of the Commission, or by any 
person authorized by the Commission to sign the same, setting 
forth any act or things done or omitted to be done in 
violation, or claimed to be in violation, of any restriction as 
to the use of the property, whether the restriction is 
prescribed in any of the terms of this Act or by any 
restriction as to the use of the property determined by the 
Commission under the terms of this Act. The notice of the time 
and place fixed for the proceeding shall also be given to any 
person or persons as the Commission shall deem necessary. The 
notice may be given by registered mail, addressed to the 
grantee, lessee, or legal representatives, successors, or 
assigns, at the last known address of the grantee, lessee, or 
legal representatives, successors, or assigns.
 
    Section 45. Rules. The Commission may adopt reasonable and 
proper rules, in accordance with the Illinois Administrative 
Procedure Act, relative to the exercise of its powers, and 
proper rules to govern its proceedings, to regulate the mode 
and manner of all hearings held by it or at its direction, and 
to alter and amend those rules.
 
    Section 50. Official documents. Copies of all official 
documents, findings, and orders of the Commission, certified by 
a commissioner or by the secretary of the Commission to be true 
copies of the originals, under the official seal of the 
Commission, shall be evidence in like manner as the originals.
 
    Section 55. Judicial review. Any party may obtain a 
judicial review of a final order or decision of the Commission 
in the circuit court of Cook County only under and in 
accordance with the provisions of the Administrative Review Law 
and the rules adopted under that Law. The circuit court shall 
take judicial notice of all the rules of practice and procedure 
of the Commission.
 
    Section 60. Master plan; improvement and management of 
District. The Commission shall prepare and approve a 
comprehensive master plan for the orderly development and 
management of all property within the District. The master 
plan, and any amendment to the master plan, shall not take 
effect, however, until it has been approved by the Board of the 
Roseland Community Medical District. The Commission shall take 
the actions permitted to be taken by it under this Act as it 
may determine are appropriate to provide conditions most 
favorable for the special care and treatment of the sick and 
injured, for the study of disease, and for any other purpose 
set forth in Section 25 of this Act. In the master plan, the 
Commission may provide for shared services and facilities 
within the District for the accredited schools of medicine and 
the licensed non-profit acute care hospitals within the 
District.
 
    Section 65. Public hearing. The Commission shall conduct a 
public hearing prior to either acquiring through eminent domain 
under Section 20 of this Act real or personal property within 
the District or approving under Section 60 of this Act a 
comprehensive master plan. The Commission shall also conduct a 
public hearing whenever it is otherwise required by law to do 
so, and may conduct a public hearing whenever it may elect to 
do so.
    The Commission shall conduct the public hearing called by 
it in accordance with the requirements of the law mandating it, 
if any, or in accordance with the provisions of this Section if 
either the law mandating it is silent as to the procedures for 
its holding or if the Commission elects to hold a public 
hearing in the absence of any law mandating it.
    In the absence of any law, or of any procedures in any law, 
mandating the holding of a public hearing, the Commission may 
authorize a commissioner or other person of legal age to 
conduct a hearing. The commissioner or other authorized person 
has the power to: (i) administer oaths and affirmations, (ii) 
take the testimony of witnesses, (iii) take and receive the 
production of papers, books, records, accounts, and documents, 
(iv) receive pertinent evidence, and (v) certify the record of 
the hearing. The record of the hearing shall become part of the 
Commission's record. Notice of the time, place, and purpose of 
the hearing shall be given by a single publication notice in a 
secular newspaper of general circulation within Cook County at 
least 10 days before the date of the hearing. 
 
    Section 70. Disposition of money; income fund. All money 
received by the Commission from the sale or lease of any 
property, in excess of the amount expended by the Commission 
for authorized purposes under this Act shall be paid into the 
State treasury for deposit into the Roseland Community Medical 
District Income Fund. The Commission is authorized to use all 
money received as rentals for the purposes of planning, 
acquisition, and development of property within the District, 
for the operation, maintenance, and improvement of property of 
the Commission, and for all purposes and powers set forth in 
this Act. All moneys held pursuant to this Section shall be 
maintained in a depository approved by the State Treasurer. The 
Auditor General shall, at least biennially, audit or cause to 
be audited all records and accounts of the Commission 
pertaining to the operation of the District.
 
    Section 75. Attorney General. The Attorney General of the 
State
of Illinois is the legal advisor to the Commission and 
shall prosecute or defend, as the case may be, all actions 
brought by or against the Commission.

 
    Section 90. The Eminent Domain Act is amended  by adding 
Section 15-5-46 as follows:
 
    (735 ILCS 30/15-5-46 new)
    Sec. 15-5-46. Eminent domain powers in new Acts. The 
following provisions of law may include express grants of the 
power to acquire property by condemnation or eminent domain:
 
        Roseland Community Medical District Act; medical 
    district; for general purposes.
 
    Section 100. The State Finance Act is amended by adding 
Section 5.786 as follows:
 
    (30 ILCS 105/5.786 new)
    Sec. 5.786. The Roseland Community Medical District Income 
Fund.
 
 
    Section 999. Effective date. This Act takes effect upon 
becoming law.