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