State of Illinois
91st General Assembly
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Public Act 91-0449

HB2308 Enrolled                                LRB9105124DHmg

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

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

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

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

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

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