State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB2308

 
                                               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   for
 9    detachment.   A petition for annexation of land to a Hospital
10    District  shall  be signed by not less than 10% or 50 voters,
11    whichever is fewer, residing  within  the  territory  therein
12    described proposed for annexation and shall be filed with the
13    circuit  clerk  of  the  county  in which the District or the
14    greater portion thereof is situated, and shall  be  addressed
15    to  the  circuit  court.  A  hearing shall be held thereon as
16    nearly as possible as in the case of  a  formation  petition.
17    If  upon  the  hearing,  the court finds that the petition is
18    sufficient it shall certify the  proposition  to  the  proper
19    election  officials,  who  shall  submit  the question to the
20    voters at an election in accordance with the general election
21    law.  The proposition shall be substantially in the following
22    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
 
                            -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
 
                            -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,  the  legal  voters residing within a
 9    hospital district may file a petition for detachment from the
10    hospital district.  The petition must be signed by  not  less
11    than  5%  of the legal voters of the territory proposed to be
12    detached.  Detachment is not permissible if it would  destroy
13    the  contiguity  of the territory of the District.  A hearing
14    shall be held on the petition as nearly as possible as in the
15    case of a formation petition.  If upon the hearing, the court
16    finds that the petition is sufficient, it shall  certify  the
17    proposition  to  the  proper  election  officials,  who shall
18    submit  the  question  to  the  voters  at  an  election   in
19    accordance  with  the  general election law.  The proposition
20    shall be substantially in the following form:
21    -------------------------------------------------------------
22        Shall the (described) territory                  YES
23     be detached from the.... Hospital      ---------------------
24     District?                                           NO
25    -------------------------------------------------------------
26        If a majority of the votes cast on the proposition are in
27    favor of detachment of the  territory,  the  court  shall  by
28    order  declare  the territory detached and shall describe the
29    altered boundaries of the District.
30        If  territory  is  disconnected  from  a  district,   the
31    property  owners  in that territory are still responsible for
32    the proportionate debt of any outstanding bonded indebtedness
33    at the time of disconnection.
34    (Source: P.A. 81-1550.)

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