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91_HB1792
LRB9103157MWpc
1 AN ACT to amend the Hospital District Law by changing
2 Section 25.
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 25 as follows:
7 (70 ILCS 910/25) (from Ch. 23, par. 1275)
8 Sec. 25. Dissolution of district. In case the board of
9 directors of any hospital district organized under this Act
10 finds: (i) that all or any part of the need for hospital
11 services of the inhabitants of the District can be better
12 served on a permanent basis by the ownership and operation of
13 the hospital's facilities by a not-for-profit corporation
14 organized by the District's board of directors, or by the
15 facilities of another hospital or hospitals, publicly or
16 privately operated, and located in or not more than 20 miles
17 from the boundaries of the district; (ii) that provision of
18 hospital services by the such not-for-profit corporation or
19 other hospital or hospitals will result in a permanent net
20 improvement of quality of overall hospital services for the
21 inhabitants of the District; and (iii) that the such
22 not-for-profit corporation or other hospital or hospitals
23 have entered into binding contracts with the District to so
24 provide those such hospital services on a permanent basis to
25 the inhabitants of the District and discharge or assume all
26 debts, liabilities, and obligations of the District in return
27 for conveyance and transfer to the such not-for-profit
28 corporation or hospital or hospitals all assets of the
29 District, or that the hospital district has entered into a
30 binding contract with a fire protection district, health care
31 foundation, or other entity that provides emergency or
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1 medical services to the general public, operating wholly or
2 partially within the boundaries of the hospital district, to
3 convey all of the hospital district's assets to a fire
4 protection district, health care foundation, or other entity,
5 so long as the entity accepting the hospital district's
6 assets assumes all of the hospital district's outstanding
7 indebtedness, and the amount of this indebtedness does not
8 exceed the amount of the hospital district's assets, such
9 contracts subject to completion of dissolution of the
10 District as provided in this Section and to take effect
11 immediately upon completion of dissolution of the District,
12 provided that the Department of Public Health shall be a
13 party to such contracts as a trustee for the inhabitants'
14 interests following dissolution of the District, the District
15 may be dissolved in the following manner:
16 The board of directors of the District shall propose an
17 ordinance finding and determining that the foregoing
18 conditions exist and that the best interest of the
19 inhabitants of the District does not require continuation of
20 the District. The board of directors shall officially invite
21 the State Comprehensive Health Planning Agency to review and
22 comment upon the proposed ordinance and shall provide
23 whatever documentation is required by the agency for purposes
24 of review and comment. At any time after receipt of a report
25 from the State Comprehensive Health Planning Agency or 30
26 days after extending an invitation to the agency, if no
27 report has been submitted, the board of directors may proceed
28 to adopt the proposed ordinance. A certified copy of the
29 ordinance and the report of the Comprehensive Health Planning
30 Agency, if submitted previous to adoption of the ordinance,
31 shall be filed with the Circuit Court of the County in which
32 the District is located. The circuit court shall set the
33 ordinance for hearing within not less than 30 nor more than
34 40 days after the filing of the ordinance with the circuit
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1 clerk.
2 Notice shall be given by the circuit court of the time
3 and place where the hearing will be held, by publication on 3
4 separate days in one or more newspapers published within the
5 District, the first of these publications shall be not less
6 than 20 days before the date set for the hearing, and if
7 there is no such newspaper, then notice shall be posted in 10
8 of the most public places in the District, not less than 20
9 days before the date set for the hearing. This notice shall
10 include a description of the findings of the board as set out
11 in the ordinance, the names of the municipalities within the
12 District, and the proposed effective date of the dissolution.
13 The court may continue the hearing on the ordinance from
14 time to time. Upon such public hearing the board of directors
15 may also move to otherwise amend the ordinance or to dismiss
16 or to withdraw it, and any such motion shall be allowed by
17 the court. If such ordinance is not dismissed or withdrawn,
18 the court by written order shall find and determine whether
19 the facts stated in the ordinance are true and, if so, shall
20 so certify to the board of directors of the District. If the
21 court also determines that the District has entered into a
22 binding contract with a not-for-profit corporation pursuant
23 to which such corporation is to provide hospital services on
24 a permanent basis to the inhabitants of the District, then
25 the court shall so certify and the ordinance shall not be
26 subject to the referendum provisions of this Section and the
27 District shall be dissolved. If the court does not determine
28 that such a contract exists, the ordinance and certificate
29 shall be published once in a daily or weekly newspaper or
30 newspapers of general circulation published within the
31 District or, if there be no such newspaper published in the
32 District, then in a newspaper of general circulation
33 published in a county wherein the District is located. Such
34 publication of the ordinance shall be accompanied by a notice
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1 of (1) the specific number of voters required to sign a
2 petition requesting the submission to the electors of the
3 question of the dissolution of the District; (2) the time in
4 which such petition must be filed; and (3) the date of the
5 prospective referendum. The secretary of the Board shall
6 provide a petition form to any individual requesting one.
7 Unless a petition is filed with the board within 30 days
8 after such publication containing the signatures of 1,000
9 electors or 10% of the registered voters of the District,
10 whichever is lower, requesting that the question of the
11 dissolution of the District be submitted to a referendum, the
12 District shall be deemed to be dissolved at the expiration of
13 that 30 day period. If such a petition is filed then the
14 question of the dissolution of the District shall be
15 submitted to the electors of the District and the board of
16 directors shall certify the question to the proper election
17 officials, who shall submit the question to the voters at an
18 election in accordance with the general election law.
19 The proposition shall read substantially as follows:
20 Shall the (name or describe) Hospital District be
21 dissolved?
22 The board of directors of the District shall cause the
23 result of the referendum to be entered upon the corporate
24 records of the District.
25 If a majority of the ballots cast on the proposition are
26 marked "yes" the District shall be dissolved. But if a
27 majority of the ballots cast on the proposition are marked
28 "no", the corporate authorities shall proceed with the
29 affairs of the District as though the dissolution ordinance
30 had never been adopted, and, in such case, the proposition
31 shall not be again considered for a period of 2 years. When
32 the business and affairs of any such District have been
33 closed up after the dissolution thereof such fact shall be
34 certified by the chairman of its board of directors to the
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1 county clerk and recorder of the county or counties in which
2 the District was situated and to the Secretary of State.
3 (Source: P.A. 87-1006.)