HB 4635 — MID-AMERICA MEDICAL DISTRICT

*LRB09315857BDD41474b*HB4635 93RDEngrossed GENERALLRB093 ASSEMBLY15857 StateBDD of41474 Illinoisb andAN 2004ACT HB4635concerning Introducedlocal 02/04/04,government. by Wyvetter H.

Younge SYNOPSIS AS INTRODUCED:

New Act ILCS 105/5.625 new Creates the Mid-America Medical District Act.

Creates the Mid-America Medical District within the City of East Saint Louis.

Provides that the District is governed by the Mid-America Medical District Commission.

Describes the territory of the District.

Contains provisions concerning grants, loans, contracts, property acquisition, eminent domain, construction, relocation assistance, bonds, sale or lease of property, hearings, rules, judicial review, master plans, funds, and other matters.

Amends the State Finance Act to create the Mid-America Medical District Income Fund.

LRB093 15857 BDD 41474 b FISCAL NOTE ACT HOUSING MAY APPLY AFFORDABILITY IMPACT NOTE ACT MAY APPLY A BILL FOR HB4635 LRB093 15857 BDD 41474 b AN ACT concerning local government.

(2) provide for the orderly expansion of (i) various HB4635 Engrossed - 2 - LRB093 15857 BDD 41474 b county and local governmental facilities as permitted under this Act, (ii) other ancillary or related facilities that the Commission may from time to 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, treatment, and prevention of human ailments and injuries, whether physical or mental, or to promote medical, surgical, and scientific research and knowledge as permitted under this Act, (iii) medical research and high technology parks, together with the necessary land, buildings, facilities, equipment, and personal property therefore, and (iv) facilities devoted to the research and advancement of health care related issues and policies.

Clair County Board Chairman shall appoint 3 members for terms expiring, respectively, on December 31, 2005, 2006, and 2007, and the Mayor of East Saint Louis, with the advice and consent of the City Council, shall appoint 2 members for terms expiring, respectively, on December 31, HB4635 Engrossed - 3 - LRB093 15857 BDD 41474 b 2005, and 2006.

HB4635 Engrossed - 4 - LRB093 15857 BDD 41474 b The requirement for reporting to Saint Clair County shall be satisfied by filing copies of the report with the Chairman of the Saint Clair County Board.

All real and personal property within the District, except real and personal property owned and used for purposes authorized under this Act (i) by medical institutions or allied educational institutions, hospitals, dispensaries, clinics, or property that is used for dormitories or homes for the nurses, doctors, students, instructors or other officers or employees of these institutions located in the District, (ii) any real HB4635 - 5 - LRB093 15857 BDD 41474 b property that is used for offices or for recreational purposes in connection with these institutions, or (iii) any improved residential property within a currently effective historical 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 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 Article VII of the Code of Civil Procedure.

The Commission may, in its corporate capacity, construct or cause or permit to be constructed in 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 HB4635 Engrossed - 5 - LRB093 15857 BDD 41474 b 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 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 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, at which Commissioner or other person shall have the power to administer oaths and affirmations and take the testimony of witnesses and receive any documentary evidence as shall be pertinent, the record of which hearing he or she shall certify to the Commission, which record shall HB4635 - 6 - LRB093 15857 BDD 41474 b 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 St.

Clair County at least 10 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 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 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 HB4635 Engrossed - 6 - LRB093 15857 BDD 41474 b 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,District, 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 or for computer technology related to any of the purposes for which the Commission may construct structures and improvements within the District.

The Commission shall administer and exercise ultimate authority with respect to the development and HB4635 - 7 - LRB093 15857 BDD 41474 b operation of a technology park, and any extensions or expansion thereof.

Additionally, the Commission may sell, HB4635 Engrossed - 7 - LRB093 15857 BDD 41474 b 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 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 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 HB4635 - 8 - LRB093 15857 BDD 41474 b the park or the designated commercial development area upon the rentals, terms, and conditions as the Commission may deem advisable;

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 HB4635 Engrossed - 8 - LRB093 15857 BDD 41474 b 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, special assessment, or the imposition of service or user fees.

For a period of 6 years after the enactment of this Act, the Commission may acquire any real and personal property within the District by immediate vesting of title, commonly referred to as "quick-take", pursuant to Sections 7-103 through 7-112 of the Code of Civil Procedure.

The Commission may provide relocation assistance to persons and entities displaced by the HB4635 - 9 - LRB093 15857 BDD 41474 b Commission’s acquisition of property and improvement of the District.

Borrowing money;money.

revenueTo bonds;obtain the funds necessary for financing the acquisition of land, the acquisition of construction of any building, and for the operation of the District set forth in this Act, the Commission may borrow money from any public or private agency, department, corporation, or person.

recordThe ofCommission bondsshall issued.have no authority to issue bonds.

ToThe obtaindebts the funds necessary for financing the acquisition of land, the acquisitionCommission orshall constructionnot ofbe any building, and for the operationdebts of the DistrictState setof forthIllinois. in this Act, the Commission may borrow money from any public or private agency, department, corporation, or person.

In evidence of and as security for funds borrowed, the Commission may issue revenue bonds in its corporate capacity to be payable from the 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 indebtedness of the Commission or a claim against the property of the Commission.

The 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, including engineering and other expenses.

The bonds shall be executed by the President of the Commission, attested by the Secretary and sealed with the Commission’s corporate seal.

In case either of the officers of the Commission who have signed or attested any of the bonds have ceased to be an officer before delivery of such bonds, the signature of the officer shall be valid and sufficient to the same effect as if the officer had remained in office at the time of such delivery.

The Commission shall furnish the State Comptroller with a record of all bonds issued under this Act.

Powers of the Department of Central Management HB4635 - 10 - LRB093 15857 BDD 41474 b Services concerning the District.

The Commission may HB4635 Engrossed - 9 - LRB093 15857 BDD 41474 b sell, convey, transfer, or lease any title or interest in real estate 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, or for the purpose of serving persons using the facilities offered within the District or for carrying out of any aspect of the Commission’s purpose as set forth in Section 10 of this Act, subject to any restrictions as to the use thereof that the Commission determines will carry out the purpose of this Act.

Any real property sold by the Commission pursuant to the provisions of this Act shall be sold at its use value, which may be more or less than its acquisition cost and which represents the value at which the Commission determines, after a hearing by the Commission or by such person as the Commission designates to hold the hearing, the real property should be made available for sale or rental HB4635 - 11 - LRB093 15857 BDD 41474 b in order that it may be developed for the accomplishment of the purposes of this Act.

In determining the use value of the real property, the Commission shall take into consideration whether or not said property is to be used by a wholly or partially tax supported body created under the laws of the State of Illinois, by any department of the State government or any political subdivision of the State, by a charitable institution, or by a HB4635 Engrossed - 10 - LRB093 15857 BDD 41474 b private person or institution operating for profit;

All conveyances and leases authorized in this Section shall be on condition that, in the event of use for HB4635 - 12 - LRB093 15857 BDD 41474 b other than the purposes prescribed in this Act, or of nonuse for a period of one year, title to the property shall revert to the Commission.

All conveyances and leases made by the Commission to any corporation or person for 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 thereof as the HB4635 Engrossed - 11 - LRB093 15857 BDD 41474 b Commission shall have determined will carry out the purposes of this Act, that title to such property shall revert to the Commission.

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 lawlawsuit suit in the circuit court of the county in which the property is located to enforce the terms of the sale or lease.

In the event a reverter of title to any property is ordered by the court pursuant to the terms of this Act, the interest of the Commission shall be HB4635 - 13 - LRB093 15857 BDD 41474 b subject to any then existing valid mortgage or trust deed in the nature of a mortgage, but in case the title is acquired through foreclosure of the mortgage or trust deed or by deed in lieu of foreclosure of the 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 HB4635 Engrossed - 12 - LRB093 15857 BDD 41474 b possession or its successor or assigns.

Prior to the holding of any public hearing prescribed in Section 45 of this Act, or any meeting regarding the passage of any resolution to file a lawlawsuit, suit, 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.

HB4635 - 14 - LRB093 15857 BDD 41474 b Section 55.