101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1536

 

Introduced 2/15/2019, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-17 new

    Amends the Illinois Municipal Code. Provides that the imposition of term limits by referendum, ordinance, or otherwise must be prospective. Provides that elective office held prior to the effective date of any term limit imposed by a municipality shall not prohibit a person otherwise eligible from running for or holding elective office in that municipality. Provides that term limits imposed in a manner inconsistent with the applicable provisions remain valid prospectively, but are invalid as they apply to service prior to the enactment of the term limits. Provides that imposition of term limits by referendum, ordinance, or otherwise shall only apply to terms for the same office or that category of municipal office. Provides that these provisions apply to all term limits imposed by a municipality by referendum, ordinance, or otherwise passed on or after November 8, 2016. Limits home rule powers. Effective immediately.


LRB101 09923 AWJ 55025 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1536LRB101 09923 AWJ 55025 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 3.1-10-17 as follows:
 
6    (65 ILCS 5/3.1-10-17 new)
7    Sec. 3.1-10-17. Term limits.
8    (a) The imposition of term limits by referendum, ordinance,
9or otherwise must be prospective. Elective office held prior to
10the effective date of any term limit imposed by a municipality
11shall not prohibit a person otherwise eligible from running for
12or holding elective office in that municipality. Term limits
13imposed in a manner inconsistent with this Section remain valid
14prospectively, but are invalid as they apply to service prior
15to the enactment of the term limits.
16    (b) The imposition of term limits by referendum, ordinance,
17or otherwise shall only apply to terms for the same office or
18that category of municipal office. Term limits imposed in a
19manner inconsistent with this subsection are invalid as they
20apply to service in other categories of municipal offices.
21    (c) A home rule unit may not regulate term limits in a
22manner inconsistent with this Section. This Section is a
23limitation under subsection (i) of Section 6 of Article VII of

 

 

SB1536- 2 -LRB101 09923 AWJ 55025 b

1the Illinois Constitution on the concurrent exercise by home
2rule units of powers and functions exercised by the State.
3    (d) This Section applies to all term limits imposed by a
4municipality by referendum, ordinance, or otherwise passed on
5or after November 8, 2016.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.