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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.