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91_HB2308sam001
LRB9105124DHmgam01
1 AMENDMENT TO HOUSE BILL 2308
2 AMENDMENT NO. . Amend House Bill 2308 as follows:
3 by replacing everything after the enacting clause with the
4 following:
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
-2- LRB9105124DHmgam01
1 shall be substantially in the following form:
2 -------------------------------------------------------------
3 Shall (description of territory) YES
4 be annexed to the.... Hospital -----------------------
5 District? NO
6 -------------------------------------------------------------
7 If a majority of the votes cast on the proposition in the
8 District and in the territory described in the petition
9 respectively, are in favor of annexation the court shall by
10 order declare the territory annexed and shall describe the
11 altered boundaries of the District.
12 In addition to the above, within 60 days after the entry
13 of an order by a court under Section 8 of this Act evidencing
14 the organization of a Hospital District, not less than 50% of
15 the legal voters residing within any municipality or any
16 civil township (or congressional township in counties under
17 commission form of government) or such fractional part of
18 either type of township as is included within such District
19 may file a petition for the detachment of such territory with
20 the circuit clerk of the county in which the District or the
21 greater portion thereof is situated addressed to the circuit
22 court for such county; provided, that such detachment is not
23 permissible if it will destroy the contiguity of the
24 territory of the District. In the case of a hospital
25 district created prior to September 15, 1950 with territory
26 located partially within two different counties, where less
27 than 10% of the population of the district is located in one
28 county, the legal voters residing in that part of the
29 hospital district located within the county representing less
30 than 10% of the population of said hospital district may file
31 a petition for detachment at any time. A hearing shall be
32 held thereon as nearly as possible as in the case of a
33 formation petition. If upon the hearing, the court finds that
34 the petition is sufficient it shall certify the proposition
-3- LRB9105124DHmgam01
1 to the proper election officials, who shall submit the
2 question to the voters at an election in accordance with the
3 general election law. The proposition shall be substantially
4 in the following form:
5 -------------------------------------------------------------
6 Shall the (described) territory YES
7 be detached from the.... Hospital ---------------------
8 District? NO
9 -------------------------------------------------------------
10 If a majority of the votes cast on the proposition are in
11 favor of detachment of the territory, the court shall by
12 order declare the territory detached and shall describe the
13 altered boundaries of the District.
14 If territory is disconnected from a district, the
15 property owners in such territory are still responsible for
16 the proportionate debt of any outstanding bonded indebtedness
17 at the time of disconnection.
18 Also in addition, within 24 months after the effective
19 date of this amendatory Act of the 91st General Assembly, the
20 legal voters residing within a hospital district may file a
21 petition for detachment from the hospital district where (i)
22 the territory sought to be detached was added to the hospital
23 district by way of annexation; and (ii) the equalized
24 assessed valuation of the territory sought to be detached
25 constitutes less than 25% of the equalized assessed valuation
26 of the hospital district. The petition must be signed by not
27 less than 5% of the legal voters of the territory sought to
28 be detached. Detachment is not permissible if it would
29 destroy the contiguity of the territory of the District. A
30 hearing shall be held on the petition as nearly as possible
31 as in the case of a formation petition. If upon the hearing,
32 the court finds that the petition is sufficient, it shall
33 certify the proposition to the proper election officials, who
34 shall submit the question to the legal voters of the
-4- LRB9105124DHmgam01
1 territory proposed to be detached at an election in
2 accordance with the general election law. The proposition
3 shall be substantially in the following form:
4 -------------------------------------------------------------
5 Shall the (described) territory YES
6 be detached from the.... Hospital ---------------------
7 District? NO
8 -------------------------------------------------------------
9 If a majority of the votes cast on the proposition are in
10 favor of detachment of the territory, the court shall by
11 order declare the territory detached and shall describe the
12 altered boundaries of the District.
13 If territory is disconnected from a district, the
14 property owners in that territory are still responsible for
15 the proportionate debt of any outstanding bonded indebtedness
16 at the time of disconnection.
17 (Source: P.A. 81-1550.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".