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Public Act 097-0825 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Medical District Act is amended by | ||||
changing Sections 2, 4, 5, and 10 as follows:
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(70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
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Sec. 2. Illinois Medical District Commission.
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(a) There is hereby created a political subdivision, unit | ||||
of local government, body politic and corporate under
the | ||||
corporate name of Illinois Medical District Commission,
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hereinafter called the
Commission, whose general purpose in | ||||
addition to and not in limitation of
those purposes and powers | ||||
set forth in other Sections of this Act shall be to:
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(1) maintain the proper surroundings for a medical | ||||
center and a related
technology center in order to attract, | ||||
stabilize, and retain therein
hospitals, clinics, research | ||||
facilities, educational facilities, or other
facilities | ||||
permitted under this Act;
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(2) provide for the orderly creation and expansion of | ||||
(i) various
county, and local governmental facilities as | ||||
permitted under this Act,
including, but not limited to, | ||||
juvenile detention facilities, (ii)
other ancillary or | ||||
related facilities which the Commission may from time to
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time determine are established and operated for any aspect | ||
of the carrying
out of the Commission's purposes as set | ||
forth in this Act, or are
established and operated 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 | ||
as permitted under this Act,
and (iii) medical research and | ||
high technology parks, together with the
necessary lands, | ||
buildings, facilities, equipment, and personal property
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therefore , and (iv) other facility development to generate | ||
and maintain revenue streams sufficient to fund the | ||
operations of the Commission and for the District, and to | ||
provide for any cash reserves as the Commission shall deem | ||
prudent .
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(b) The Commission shall have perpetual succession, power
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to contract and be contracted with, to sue and be sued in its | ||
corporate name, but judgment shall not in any case be issued | ||
against any property of the Commission except in actions
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sounding in tort, to plead and be impleaded , to have and use a | ||
common
seal, and to alter the same at pleasure. All actions | ||
sounding in tort
against the Commission shall be prosecuted in | ||
the Court of Claims. The
principal office of the Commission | ||
shall be in the city of Chicago, and
the Commission may | ||
establish such other offices within the state of
Illinois at | ||
such places as to the Commission shall seem advisable. Such
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Commission shall consist of 7 members, 4 of whom shall be |
appointed by the
Governor, 2 by the Mayor of Chicago, and one | ||
by the President of the County
Board of Cook County. All | ||
members shall hold office for a term of 5 years
and until their | ||
successors are appointed as provided in this
Act; provided, | ||
that as soon as possible after the effective date of this
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amendatory Act, the Governor shall appoint 4 members for terms
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expiring, respectively, on June 30, 1952, 1953, 1954 and 1955. | ||
The terms
of all members heretofore appointed by the Governor | ||
shall expire upon
the commencement of the terms of the members | ||
appointed pursuant to this
amendatory Act. Any vacancy in the | ||
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 person who had appointed the particular member,
and for | ||
the unexpired term of office of that particular member. A | ||
vacancy
caused by the expiration of the period for which the | ||
member was appointed
shall be filled by a new appointment for a | ||
term of 5 years from the date of
such expiration of the prior 5 | ||
year term notwithstanding when such
appointment is actually | ||
made. The Commission shall obtain , pursuant to the
provisions | ||
of the Personnel Code, such personnel as to the Commission | ||
shall
seem advisable to carry out the purposes of this Act and | ||
the work of the
Commission. The Commission may appoint a | ||
General Attorney and define the
duties of that General | ||
Attorney.
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The Commission shall hold regular meetings annually for the |
election
of a president, vice-president, secretary, and | ||
treasurer and for the
adoption of a budget. Special meetings | ||
may be called by the President or
by any 2 members. Each member | ||
shall take an oath of office for the
faithful performance of | ||
his duties. Four members of the Commission shall
constitute a | ||
quorum for the transaction of business.
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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.
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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 and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required by Section 3.1 of the General Assembly Organization | ||
Act,
and filing such additional copies with the State | ||
Government Report
Distribution Center for the General Assembly | ||
as is required under paragraph
(t) of Section 7 of the State | ||
Library Act.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
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Sec. 4.
The Commission may, in its corporate capacity, | ||
construct or cause
or permit to be constructed in such | ||
District, hospitals, sanitariums,
clinics, laboratories, or |
any other institution, building or structure or
other ancillary | ||
or related facilities which the Commission may, from time
to | ||
time, determine are established and operated for the carrying | ||
out of any
aspect of the Commission's purpose as set forth in | ||
this Act, or are
established and operated 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, or for any uses the
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Commission shall determine will support and nurture | ||
facilities, and uses
permitted by this Act, or for such | ||
nursing, extended care, or other
facilities as the Commission
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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 same, which | ||
Commissioner or other person shall have the power to
administer | ||
oaths and affirmations and take the testimony of witnesses and
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receive such documentary evidence as shall be pertinent, the | ||
record of
which hearing he shall certify to the Commission, | ||
which record shall become
part of the records of the | ||
Commission, notice of the time, place, and
purpose of such | ||
hearings to be given by a single publication notice in a
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secular newspaper of general circulation in the city of Chicago | ||
at least
ten days prior to the date of such hearing, or for | ||
such institutions as
shall 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 such other part or
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parts of their bodies as prevent them from pursuing normal | ||
activities of
life, or office buildings for physicians or | ||
dealers in medical accessories,
or dormitories, homes or | ||
residences for the medical profession, including
interns, | ||
nurses, students or other officers or employees of the
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institutions within the District, or for the use of relatives | ||
of patients
in the hospitals or other institutions within the | ||
District, or for the
rehabilitation or establishment of | ||
residential structures within
a currently effective historic | ||
district properly designated under a federal
statute or a State | ||
or local statute that has been certified by the Secretary
of | ||
the Interior to the Secretary of the Treasury as containing | ||
criteria
which will substantially achieve the purpose of | ||
preserving
and rehabilitating buildings of historic | ||
significance to the district, or
in the area of such District | ||
located west of South Damen Avenue and north
of West Polk | ||
Street, commonly known as the Chicago Technology Park or
such | ||
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, or for the research and development of engineering
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or for computer
technology related to any of the purposes for |
which the Commission may
construct structures and improvements | ||
within the District. All such
structures and improvements shall | ||
be erected and constructed in accordance
with the
Illinois | ||
Purchasing Act, to the same extent as if the Commission were a
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Code Department. The Commission shall administer and exercise | ||
ultimate
authority with respect to the development and | ||
operation of the Chicago
Technology Park, and any extensions or | ||
expansion thereof.
In addition, the Commission may create a | ||
development area within the area of
the District located south | ||
of Roosevelt Road, called the District
Development Area in this | ||
Act. Within the District Development Area the
Commission may
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cause to be acquired or constructed commercial and other types | ||
of development,
public and private, if
the Commission | ||
determines that the commercial developments are ancillary to
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and necessary for the support of facilities within the District | ||
and any
other purposes of the District, after a public hearing | ||
held by a commissioner
or the person authorized by the | ||
Commission to conduct the hearing. The
Commissioner or other | ||
authorized persons shall have the power to administer
oaths and | ||
affirmations, take the testimony of witnesses, receive | ||
pertinent
evidence, and certify the record of the hearing to | ||
the Commission. The
record of the hearing shall become part of | ||
the Commissions records. 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 in the
City of | ||
Chicago at least 10 days before the date of the hearing.
In |
addition to
the powers set forth above, the Commission may | ||
sell, lease,
develop, operate, and manage for any person,
firm, | ||
partnership, or corporation, either public or private, all or | ||
any part of
the land, buildings, facilities, equipment, or | ||
other property included in the
District Development Area and | ||
any medical research and high technology
park or the designated | ||
commercial
development area upon the terms and conditions the
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Commission may deem advisable, and may enter into any contract | ||
or agreement
with any person, firm, partnership, or | ||
corporation, either public or
private, or any combination of | ||
the foregoing, as may be necessary or
suitable for the | ||
creation, marketing, development,
construction, | ||
reconstruction, rehabilitation, financing, operation and
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maintenance, and management of the District Development Area | ||
and any
technology
park or designated commercial development | ||
area; and may sell or lease
to any person, firm, partnership, | ||
or
corporation, either public or private, any part or all of | ||
the land,
building, facilities, equipment, or other property of | ||
the park or the
designated commercial development area upon the
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rentals, terms, and conditions as the Commission may deem | ||
advisable; and
may finance all or part of the cost of the | ||
Commission's development and
operation of the District | ||
Development Area as well as any park or the
designated | ||
commercial
development area, including the creation, | ||
marketing,
development, purchase, lease, construction, | ||
reconstruction,
rehabilitation, improvement,
remodeling, |
addition to, extension, and maintenance of all or part of
the | ||
high technology park or the designated commercial development | ||
area, and all
equipment and furnishings, by legislative
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appropriations, government grants, contracts, private gifts, | ||
loans,
bonds,
receipts from the sale or lease of land for the | ||
operation of the District and
any high
technology park or the | ||
designated commercial development area, rentals,
and similar | ||
receipts or other sources of revenue legally available for | ||
these
purposes.
The Commission shall promulgate rules | ||
concerning the procurement of contracts and purchases. The | ||
Commission also may defray the expenses of the operation of the | ||
District
Development Area and technology park, improvements to | ||
the District Development
Area and technology park, provision of | ||
shared services, common facilities and
common area expenses, | ||
benefiting owners and occupants of property within the
District | ||
Development Area and the technology park by general assessment,
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special
assessment, or the imposition of service or user fees. | ||
As to the entities
eligible to be members of the advisory | ||
District Member Council,
such assessments or impositions may be | ||
undertaken only
with District Member Council
consent as | ||
provided in Section 8.
For a period of 6 years after July 1, | ||
1995, the Commission may
acquire any real and personal property | ||
within the Development Area of the
District by immediate | ||
vesting of title, commonly referred to as "quick-take",
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pursuant to Sections 7-103 through 7-112 of the Code of Civil | ||
Procedure.
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(Source: P.A. 91-239, eff. 1-1-00.)
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(70 ILCS 915/5) (from Ch. 111 1/2, par. 5006)
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Sec. 5.
To obtain the funds necessary for financing the | ||
acquisition
of land, the acquisition or construction of any | ||
building hereinabove
mentioned, and for the operation of the | ||
District as is in this Act set
forth, the Commission may borrow | ||
money from any public or private agency,
department, | ||
corporation
or person , and mortgage, pledge, or otherwise | ||
encumber the property or funds of the Commission . In
evidence | ||
of and as security for funds borrowed, the Commission may issue
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revenue bonds in its corporate capacity to be payable from the
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revenues derived from the operation of the institutions or | ||
buildings,
owned, leased, or operated by or on behalf of the | ||
Commission, but the
bonds shall in no event constitute an
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indebtedness of the Commission or a claim against the property | ||
of the
Commission. Such bonds may be issued in such | ||
denominations as may be
expedient, and in such amounts and at | ||
such rates of interest as the
Commission shall deem necessary | ||
to provide sufficient funds to pay all
the costs of acquiring | ||
land, the construction, acquisition, equipping
and operation | ||
of buildings within the District district , including | ||
engineering
and other expenses. Such bonds shall be executed by | ||
the president of the
Commission, attested by the secretary | ||
thereof and sealed with the
Commission's corporate seal. In | ||
case either of said officers of the
Commission who shall have |
signed or attested any of such bonds shall
have ceased to be | ||
such officer before delivery of such bonds, the
signature of | ||
such officer shall be valid and sufficient to the same
effect | ||
as if such officer had remained in office at the time of such
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delivery. The Commission shall furnish the State Comptroller
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with a record of all bonds issued under this Act.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/10) (from Ch. 111 1/2, par. 5020)
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Sec. 10. Disposition of money ; income fund . The All money | ||
received by the
Commission from the sale or lease
of any | ||
property, in excess of such amount expended by the Commission | ||
for
authorized purposes under this Act or as may be necessary | ||
to satisfy
the obligation of any revenue bond issued pursuant | ||
to Section 5, shall
be paid into the State Treasury for deposit | ||
into the Medical Center Commission
Income Fund provided, | ||
however, the Commission is authorized to use all money received | ||
from the sale or lease of any property, in excess of the amount | ||
as may be necessary to satisfy the obligation of any revenue | ||
bond issued pursuant to Section 5 and may also use all
money | ||
received as rentals for the purposes of planning, acquisition, | ||
and
development of property within the District and operation, | ||
maintenance and
improvement of property of the Commission and | ||
for all purposes and powers set
forth in this Act. Beginning in | ||
1993, not later than July 10 of each
year, the Commission shall | ||
transmit to the State Treasurer for deposit into
the Medical |
Center Commission Income Fund all monies on hand at June 30 in
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excess of $350,000 without deduction or offset of any kind,
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except that the
Commission may retain such additional funds as | ||
are necessary to pay
enforceable contractual obligations | ||
existing as of June 30 and which will
be paid not later than | ||
September 30 of that year. All monies retained for
the payment | ||
of these obligations and not paid out by September 30, shall be
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remitted in full to the State Treasury, without deduction or | ||
offset of
any kind, not later than October 10 of the same year.
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All monies held pursuant to this Section shall be maintained in | ||
a
depository approved by the State Treasurer. The Commission | ||
shall enter into an intergovernmental agreement with the The | ||
Auditor General , who shall, at
least biennially, audit or cause | ||
to be audited all records and accounts of
the Commission | ||
pertaining to the operation of the District. The Auditor | ||
General shall provide the Commission and the General Assembly | ||
with the audits and shall post a copy on his or her website. | ||
The Auditor General shall submit a bill to the Commission for | ||
costs associated with the review and the audit required under | ||
this Section, and the Commission shall reimburse the Auditor | ||
General for such costs in a timely manner.
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(Source: P.A. 89-356, eff. 8-17-95.)
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(70 ILCS 915/5b rep.)
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Section 10. The Illinois Medical District Act is amended by | ||
repealing Section 5b. |
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |