State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB2308enr

 
HB2308 Enrolled                                LRB9105124DHmg

 1        AN  ACT  to  amend  the Hospital District Law by changing
 2    Section 10.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Hospital  District  Law  is amended by
 6    changing Section 10 as follows:

 7        (70 ILCS 910/10) (from Ch. 23, par. 1260)
 8        Sec. 10.  Petitions for annexation; petitions  to  detach
 9    previously  annexed territory.   A petition for annexation of
10    land to a Hospital District shall be signed by not less  than
11    10%  or  50  voters,  whichever is fewer, residing within the
12    territory therein described proposed for annexation and shall
13    be filed with the circuit clerk of the county  in  which  the
14    District  or  the  greater  portion  thereof is situated, and
15    shall be addressed to the circuit court. A hearing  shall  be
16    held  thereon  as  nearly  as  possible  as  in the case of a
17    formation petition.  If upon the  hearing,  the  court  finds
18    that   the  petition  is  sufficient  it  shall  certify  the
19    proposition to  the  proper  election  officials,  who  shall
20    submit   the  question  to  the  voters  at  an  election  in
21    accordance with the general election  law.   The  proposition
22    shall be substantially in the following form:
23    -------------------------------------------------------------
24        Shall (description of territory)          YES
25     be annexed to the.... Hospital       -----------------------
26     District?                                  NO
27    -------------------------------------------------------------
28    If  a  majority  of  the votes cast on the proposition in the
29    District and in  the  territory  described  in  the  petition
30    respectively,  are  in favor of annexation the court shall by
31    order declare the territory annexed and  shall  describe  the
 
HB2308 Enrolled            -2-                 LRB9105124DHmg
 1    altered boundaries of the District.
 2        In  addition to the above, within 60 days after the entry
 3    of an order by a court under Section 8 of this Act evidencing
 4    the organization of a Hospital District, not less than 50% of
 5    the legal voters residing  within  any  municipality  or  any
 6    civil  township  (or congressional township in counties under
 7    commission form of government) or  such  fractional  part  of
 8    either  type  of township as is included within such District
 9    may file a petition for the detachment of such territory with
10    the circuit clerk of the county in which the District or  the
11    greater  portion thereof is situated addressed to the circuit
12    court for such county; provided, that such detachment is  not
13    permissible   if  it  will  destroy  the  contiguity  of  the
14    territory of  the  District.   In  the  case  of  a  hospital
15    district  created  prior to September 15, 1950 with territory
16    located partially within two different counties,  where  less
17    than  10% of the population of the district is located in one
18    county, the  legal  voters  residing  in  that  part  of  the
19    hospital district located within the county representing less
20    than 10% of the population of said hospital district may file
21    a  petition  for  detachment at any time.  A hearing shall be
22    held thereon as nearly as  possible  as  in  the  case  of  a
23    formation petition. If upon the hearing, the court finds that
24    the  petition  is sufficient it shall certify the proposition
25    to the  proper  election  officials,  who  shall  submit  the
26    question  to the voters at an election in accordance with the
27    general election law.  The proposition shall be substantially
28    in the following form:
29    -------------------------------------------------------------
30        Shall the (described) territory                  YES
31     be detached from the.... Hospital      ---------------------
32     District?                                          NO
33    -------------------------------------------------------------
34        If a majority of the votes cast on the proposition are in
 
HB2308 Enrolled            -3-                 LRB9105124DHmg
 1    favor of detachment of the  territory,  the  court  shall  by
 2    order  declare  the territory detached and shall describe the
 3    altered boundaries of the District.
 4        If  territory  is  disconnected  from  a  district,   the
 5    property  owners  in such territory are still responsible for
 6    the proportionate debt of any outstanding bonded indebtedness
 7    at the time of disconnection.
 8        Also in addition, within 24 months  after  the  effective
 9    date of this amendatory Act of the 91st General Assembly, the
10    legal  voters  residing within a hospital district may file a
11    petition for detachment from the hospital district where  (i)
12    the territory sought to be detached was added to the hospital
13    district  by  way  of  annexation;  and  (ii)  the  equalized
14    assessed  valuation  of  the  territory sought to be detached
15    constitutes less than 25% of the equalized assessed valuation
16    of the hospital district.  The petition must be signed by not
17    less than 5% of the legal voters of the territory  sought  to
18    be  detached.  Detachment  is  not  permissible  if  it would
19    destroy the contiguity of the territory of the  District.   A
20    hearing  shall  be held on the petition as nearly as possible
21    as in the case of a formation petition.  If upon the hearing,
22    the court finds that the petition  is  sufficient,  it  shall
23    certify the proposition to the proper election officials, who
24    shall  submit  the  question  to  the  legal  voters  of  the
25    territory   proposed   to  be  detached  at  an  election  in
26    accordance with the general election  law.   The  proposition
27    shall be substantially in the following form:
28    -------------------------------------------------------------
29        Shall the (described) territory            YES
30     be detached from the.... Hospital      ---------------------
31     District?                                     NO
32    -------------------------------------------------------------
33        If a majority of the votes cast on the proposition are in
34    favor  of  detachment  of  the  territory, the court shall by
 
HB2308 Enrolled            -4-                 LRB9105124DHmg
 1    order declare the territory detached and shall  describe  the
 2    altered boundaries of the District.
 3        If   territory  is  disconnected  from  a  district,  the
 4    property owners in that territory are still  responsible  for
 5    the proportionate debt of any outstanding bonded indebtedness
 6    at the time of disconnection.
 7    (Source: P.A. 81-1550.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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