Rep. Michael J. Zalewski

Filed: 5/23/2012

 

 


 

 


 
09700SB3514ham003LRB097 15727 KMW 69983 a

1
AMENDMENT TO SENATE BILL 3514

2    AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Medical District Act is amended by
5changing Sections 2, 4, 5, and 10 as follows:
 
6    (70 ILCS 915/2)  (from Ch. 111 1/2, par. 5002)
7    Sec. 2. Illinois Medical District Commission.
8    (a) There is hereby created a political subdivision, unit
9of local government, body politic and corporate under the
10corporate name of Illinois Medical District Commission,
11hereinafter called the Commission, whose general purpose in
12addition to and not in limitation of those purposes and powers
13set forth in other Sections of this Act shall be to:
14        (1) maintain the proper surroundings for a medical
15    center and a related technology center in order to attract,
16    stabilize, and retain therein hospitals, clinics, research

 

 

09700SB3514ham003- 2 -LRB097 15727 KMW 69983 a

1    facilities, educational facilities, or other facilities
2    permitted under this Act;
3        (2) provide for the orderly creation and expansion of
4    (i) various county, and local governmental facilities as
5    permitted under this Act, including, but not limited to,
6    juvenile detention facilities, (ii) other ancillary or
7    related facilities which the Commission may from time to
8    time determine are established and operated for any aspect
9    of the carrying out of the Commission's purposes as set
10    forth in this Act, or are established and operated for the
11    study, diagnosis, and treatment of human ailments and
12    injuries, whether physical or mental, or to promote
13    medical, surgical, and scientific research and knowledge
14    as permitted under this Act, and (iii) medical research and
15    high technology parks, together with the necessary lands,
16    buildings, facilities, equipment, and personal property
17    therefore, and (iv) other facility development to generate
18    and maintain revenue streams sufficient to fund the
19    operations of the Commission and for the District, and to
20    provide for any cash reserves as the Commission shall deem
21    prudent.
22    (b) The Commission shall have perpetual succession, power
23to contract and be contracted with, to sue and be sued in its
24corporate name, but judgment shall not in any case be issued
25against any property of the Commission except in actions
26sounding in tort, to plead and be impleaded, to have and use a

 

 

09700SB3514ham003- 3 -LRB097 15727 KMW 69983 a

1common seal, and to alter the same at pleasure. All actions
2sounding in tort against the Commission shall be prosecuted in
3the Court of Claims. The principal office of the Commission
4shall be in the city of Chicago, and the Commission may
5establish such other offices within the state of Illinois at
6such places as to the Commission shall seem advisable. Such
7Commission shall consist of 7 members, 4 of whom shall be
8appointed by the Governor, 2 by the Mayor of Chicago, and one
9by the President of the County Board of Cook County. All
10members shall hold office for a term of 5 years and until their
11successors are appointed as provided in this Act; provided,
12that as soon as possible after the effective date of this
13amendatory Act, the Governor shall appoint 4 members for terms
14expiring, respectively, on June 30, 1952, 1953, 1954 and 1955.
15The terms of all members heretofore appointed by the Governor
16shall expire upon the commencement of the terms of the members
17appointed pursuant to this amendatory Act. Any vacancy in the
18membership of the Commission occurring by reason of the death,
19resignation, disqualification, removal or inability or refusal
20to act of any of the members of the Commission shall be filled
21by the person who had appointed the particular member, and for
22the unexpired term of office of that particular member. A
23vacancy caused by the expiration of the period for which the
24member was appointed shall be filled by a new appointment for a
25term of 5 years from the date of such expiration of the prior 5
26year term notwithstanding when such appointment is actually

 

 

09700SB3514ham003- 4 -LRB097 15727 KMW 69983 a

1made. The Commission shall obtain, pursuant to the provisions
2of the Personnel Code, such personnel as to the Commission
3shall seem advisable to carry out the purposes of this Act and
4the work of the Commission. The Commission may appoint a
5General Attorney and define the duties of that General
6Attorney.
7    The Commission shall hold regular meetings annually for the
8election of a president, vice-president, secretary, and
9treasurer and for the adoption of a budget. Special meetings
10may be called by the President or by any 2 members. Each member
11shall take an oath of office for the faithful performance of
12his duties. Four members of the Commission shall constitute a
13quorum for the transaction of business.
14    The Commission shall submit, to the General Assembly not
15later than March 1 of each odd-numbered year, a detailed report
16covering its operations for the 2 preceding calendar years and
17a statement of its program for the next 2 years.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act, and filing such additional copies with the State
25Government Report Distribution Center for the General Assembly
26as is required under paragraph (t) of Section 7 of the State

 

 

09700SB3514ham003- 5 -LRB097 15727 KMW 69983 a

1Library Act.
2(Source: P.A. 89-356, eff. 8-17-95.)
 
3    (70 ILCS 915/4)  (from Ch. 111 1/2, par. 5005)
4    Sec. 4. The Commission may, in its corporate capacity,
5construct or cause or permit to be constructed in such
6District, hospitals, sanitariums, clinics, laboratories, or
7any other institution, building or structure or other ancillary
8or related facilities which the Commission may, from time to
9time, determine are established and operated for the carrying
10out of any aspect of the Commission's purpose as set forth in
11this Act, or are established and operated for the study,
12diagnosis, and treatment of human ailments and injuries,
13whether physical or mental, or to promote medical, surgical,
14and scientific research and knowledge, or for any uses the
15Commission shall determine will support and nurture
16facilities, and uses permitted by this Act, or for such
17nursing, extended care, or other facilities as the Commission
18shall find useful in the study of, research in, or treatment of
19illnesses or infirmities peculiar to aged people, after a
20public hearing to be held by any Commissioner or other person
21authorized by the Commission to conduct the same, which
22Commissioner or other person shall have the power to administer
23oaths and affirmations and take the testimony of witnesses and
24receive such documentary evidence as shall be pertinent, the
25record of which hearing he shall certify to the Commission,

 

 

09700SB3514ham003- 6 -LRB097 15727 KMW 69983 a

1which record shall become part of the records of the
2Commission, notice of the time, place, and purpose of such
3hearings to be given by a single publication notice in a
4secular newspaper of general circulation in the city of Chicago
5at least ten days prior to the date of such hearing, or for
6such institutions as shall engage in the training, education,
7or rehabilitation of persons who by reason of illness or
8physical infirmity are wholly or partially deprived of their
9powers of vision or hearing or of the use of such other part or
10parts of their bodies as prevent them from pursuing normal
11activities of life, or office buildings for physicians or
12dealers in medical accessories, or dormitories, homes or
13residences for the medical profession, including interns,
14nurses, students or other officers or employees of the
15institutions within the District, or for the use of relatives
16of patients in the hospitals or other institutions within the
17District, or for the rehabilitation or establishment of
18residential structures within a currently effective historic
19district properly designated under a federal statute or a State
20or local statute that has been certified by the Secretary of
21the Interior to the Secretary of the Treasury as containing
22criteria which will substantially achieve the purpose of
23preserving and rehabilitating buildings of historic
24significance to the district, or in the area of such District
25located west of South Damen Avenue and north of West Polk
26Street, commonly known as the Chicago Technology Park or such

 

 

09700SB3514ham003- 7 -LRB097 15727 KMW 69983 a

1other areas of the District as the Commission shall designate,
2for research, development and resultant production, in any of
3the fields of medicine, chemistry, pharmaceuticals, physics
4and genetically engineered products, for biotechnology,
5information technology, medical technology, or environmental
6technology, or for the research and development of engineering
7or for computer technology related to any of the purposes for
8which the Commission may construct structures and improvements
9within the District. All such structures and improvements shall
10be erected and constructed in accordance with the Illinois
11Purchasing Act, to the same extent as if the Commission were a
12Code Department. The Commission shall administer and exercise
13ultimate authority with respect to the development and
14operation of the Chicago Technology Park, and any extensions or
15expansion thereof. In addition, the Commission may create a
16development area within the area of the District located south
17of Roosevelt Road, called the District Development Area in this
18Act. Within the District Development Area the Commission may
19cause to be acquired or constructed commercial and other types
20of development, public and private, if the Commission
21determines that the commercial developments are ancillary to
22and necessary for the support of facilities within the District
23and any other purposes of the District, after a public hearing
24held by a commissioner or the person authorized by the
25Commission to conduct the hearing. The Commissioner or other
26authorized persons shall have the power to administer oaths and

 

 

09700SB3514ham003- 8 -LRB097 15727 KMW 69983 a

1affirmations, take the testimony of witnesses, receive
2pertinent evidence, and certify the record of the hearing to
3the Commission. The record of the hearing shall become part of
4the Commissions records. Notice of the time, place, and purpose
5of the hearing shall be given by a single publication notice in
6a secular newspaper of general circulation in the City of
7Chicago at least 10 days before the date of the hearing. In
8addition to the powers set forth above, the Commission may
9sell, lease, develop, operate, and manage for any person, firm,
10partnership, or corporation, either public or private, all or
11any part of the land, buildings, facilities, equipment, or
12other property included in the District Development Area and
13any medical research and high technology park or the designated
14commercial development area upon the terms and conditions the
15Commission may deem advisable, and may enter into any contract
16or agreement with any person, firm, partnership, or
17corporation, either public or private, or any combination of
18the foregoing, as may be necessary or suitable for the
19creation, marketing, development, construction,
20reconstruction, rehabilitation, financing, operation and
21maintenance, and management of the District Development Area
22and any technology park or designated commercial development
23area; and may sell or lease to any person, firm, partnership,
24or corporation, either public or private, any part or all of
25the land, building, facilities, equipment, or other property of
26the park or the designated commercial development area upon the

 

 

09700SB3514ham003- 9 -LRB097 15727 KMW 69983 a

1rentals, terms, and conditions as the Commission may deem
2advisable; and may finance all or part of the cost of the
3Commission's development and operation of the District
4Development Area as well as any park or the designated
5commercial development area, including the creation,
6marketing, development, purchase, lease, construction,
7reconstruction, rehabilitation, improvement, remodeling,
8addition to, extension, and maintenance of all or part of the
9high technology park or the designated commercial development
10area, and all equipment and furnishings, by legislative
11appropriations, government grants, contracts, private gifts,
12loans, bonds, receipts from the sale or lease of land for the
13operation of the District and any high technology park or the
14designated commercial development area, rentals, and similar
15receipts or other sources of revenue legally available for
16these purposes. The Commission shall promulgate rules
17concerning the procurement of contracts and purchases. The
18Commission also may defray the expenses of the operation of the
19District Development Area and technology park, improvements to
20the District Development Area and technology park, provision of
21shared services, common facilities and common area expenses,
22benefiting owners and occupants of property within the District
23Development Area and the technology park by general assessment,
24special assessment, or the imposition of service or user fees.
25As to the entities eligible to be members of the advisory
26District Member Council, such assessments or impositions may be

 

 

09700SB3514ham003- 10 -LRB097 15727 KMW 69983 a

1undertaken only with District Member Council consent as
2provided in Section 8. For a period of 6 years after July 1,
31995, the Commission may acquire any real and personal property
4within the Development Area of the District by immediate
5vesting of title, commonly referred to as "quick-take",
6pursuant to Sections 7-103 through 7-112 of the Code of Civil
7Procedure.
8(Source: P.A. 91-239, eff. 1-1-00.)
 
9    (70 ILCS 915/5)  (from Ch. 111 1/2, par. 5006)
10    Sec. 5. To obtain the funds necessary for financing the
11acquisition of land, the acquisition or construction of any
12building hereinabove mentioned, and for the operation of the
13District as is in this Act set forth, the Commission may borrow
14money from any public or private agency, department,
15corporation or person, and mortgage, pledge, or otherwise
16encumber the property or funds of the Commission. In evidence
17of and as security for funds borrowed, the Commission may issue
18revenue bonds in its corporate capacity to be payable from the
19revenues derived from the operation of the institutions or
20buildings, owned, leased, or operated by or on behalf of the
21Commission, but the bonds shall in no event constitute an
22indebtedness of the Commission or a claim against the property
23of the Commission. Such bonds may be issued in such
24denominations as may be expedient, and in such amounts and at
25such rates of interest as the Commission shall deem necessary

 

 

09700SB3514ham003- 11 -LRB097 15727 KMW 69983 a

1to provide sufficient funds to pay all the costs of acquiring
2land, the construction, acquisition, equipping and operation
3of buildings within the District district, including
4engineering and other expenses. Such bonds shall be executed by
5the president of the Commission, attested by the secretary
6thereof and sealed with the Commission's corporate seal. In
7case either of said officers of the Commission who shall have
8signed or attested any of such bonds shall have ceased to be
9such officer before delivery of such bonds, the signature of
10such officer shall be valid and sufficient to the same effect
11as if such officer had remained in office at the time of such
12delivery. The Commission shall furnish the State Comptroller
13with a record of all bonds issued under this Act.
14(Source: P.A. 89-356, eff. 8-17-95.)
 
15    (70 ILCS 915/10)  (from Ch. 111 1/2, par. 5020)
16    Sec. 10. Disposition of money; income fund. The All money
17received by the Commission from the sale or lease of any
18property, in excess of such amount expended by the Commission
19for authorized purposes under this Act or as may be necessary
20to satisfy the obligation of any revenue bond issued pursuant
21to Section 5, shall be paid into the State Treasury for deposit
22into the Medical Center Commission Income Fund provided,
23however, the Commission is authorized to use all money received
24from the sale or lease of any property, in excess of the amount
25as may be necessary to satisfy the obligation of any revenue

 

 

09700SB3514ham003- 12 -LRB097 15727 KMW 69983 a

1bond issued pursuant to Section 5 and may also use all money
2received as rentals for the purposes of planning, acquisition,
3and development of property within the District and operation,
4maintenance and improvement of property of the Commission and
5for all purposes and powers set forth in this Act. Beginning in
61993, not later than July 10 of each year, the Commission shall
7transmit to the State Treasurer for deposit into the Medical
8Center Commission Income Fund all monies on hand at June 30 in
9excess of $350,000 without deduction or offset of any kind,
10except that the Commission may retain such additional funds as
11are necessary to pay enforceable contractual obligations
12existing as of June 30 and which will be paid not later than
13September 30 of that year. All monies retained for the payment
14of these obligations and not paid out by September 30, shall be
15remitted in full to the State Treasury, without deduction or
16offset of any kind, not later than October 10 of the same year.
17All monies held pursuant to this Section shall be maintained in
18a depository approved by the State Treasurer. The Commission
19shall enter into an intergovernmental agreement with the The
20Auditor General, who shall, at least biennially, audit or cause
21to be audited all records and accounts of the Commission
22pertaining to the operation of the District. The Auditor
23General shall provide the Commission and the General Assembly
24with the audits and shall post a copy on his or her website.
25The Auditor General shall submit a bill to the Commission for
26costs associated with the review and the audit required under

 

 

09700SB3514ham003- 13 -LRB097 15727 KMW 69983 a

1this Section, and the Commission shall reimburse the Auditor
2General for such costs in a timely manner.
3(Source: P.A. 89-356, eff. 8-17-95.)
 
4    (70 ILCS 915/5b rep.)
5    Section 10. The Illinois Medical District Act is amended by
6repealing Section 5b.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".