HB4355 102ND GENERAL ASSEMBLY

LRB102 22697 AWJ 31843 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4355

Introduced 1/5/2022, by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-10-65	from Ch. 24, par. 3.1-10-65
65 ILCS 5/3.1-10-75	from Ch. 24, par. 3.1-10-75
65 ILCS 5/3.1-15-40	from Ch. 24, par. 3.1-15-40
65 ILCS 5/3.1-20-22	from Ch. 24, par. 3.1-20-22

Amends the Illinois Municipal Code. Provides that no later than 30 days after the effective date of the amendatory Act, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which alderpersons or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of alderpersons or trustees that occurs after July 1, 2022 (if the effective date of the amendatory Act is on or before July 1, 2022) or July 1, 2023 (if the effective date of the amendatory Act is after July 1, 2022), one alderperson or trustee shall be elected from each even-numbered ward for a 2-year term and one alderperson or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. Provides that, if the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and 3.1-20-22 as follows:

(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)

Sec. 3.1-10-65. Referendum to reduce terms.

(a) Except as otherwise provided in subsection (c), in In any municipality of less than 500,000 inhabitants, a proposition to reduce the terms of the elective officers of the municipality from 4 years to 2 years may be submitted, within the discretion of the corporate authorities, to the electors of the municipality. The proposition shall also be submitted if a petition requesting that action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the municipality and the petition is filed with the municipal clerk and certified in accordance with the general election law. The proposition shall be substantially in the following form:

Shall the term of the elective officers of (name of municipality) be reduced from 4 years to 2 years?

(b) If a majority of the electors voting on the proposition vote against it, the terms of the officers shall remain 4 years. If, however, a majority of those voting on the proposition vote in favor of it, the officers elected at the next regular election for officers in the municipality shall hold their offices for a term of 2 years and until their successors are elected and have qualified, except in the case of trustees and alderpersons. In the case of alderpersons and trustees: (i) at the first election of alderpersons or trustees that occurs in an odd numbered year following the vote to reduce the length of terms, successors to alderpersons or trustees whose terms expire in that year shall be elected for a term of one year and until their successors are elected and have qualified and (ii) thereafter, one-half of the alderpersons or trustees shall be elected each year for terms of 2 years and until their successors are elected and have qualified.

(c) No later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which alderpersons or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of alderpersons or trustees that occurs after July 1, 2022 (if the effective date of this amendatory Act of the 102nd General Assembly is on or before July 1, 2022) or July 1, 2023 (if the effective date of this amendatory Act of the 102nd General Assembly is after July 1, 2022), one alderperson or trustee shall be elected from each even-numbered ward for a 2-year term and one alderperson or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. If the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms.

Notwithstanding the provisions of subsections (a) and (b), on and after the effective date of this amendatory Act of the 102nd General Assembly, a municipality with a population of fewer than 40,000 may not reduce the length of terms of the alderpersons or trustees of the municipality from 4 years to 2 years by referendum or otherwise.

(Source: P.A. 102-15, eff. 6-17-21.)

(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)

Sec. 3.1-10-75. Referendum to lengthen terms.

(a) Except as otherwise provided in subsection (c), in In any municipality of less than 500,000 inhabitants that, under Section 3.1-10-65, has voted to shorten the terms of elective officers, a proposition to lengthen the terms of the elective officers of the municipality from 2 years to 4 years may be submitted, within the discretion of the corporate authorities, to the electors of the municipality. The proposition shall be certified by the municipal clerk to the appropriate election authorities, who shall submit the proposition at an election in accordance with the general election law. The proposition shall also be submitted at an election if a petition requesting that action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the municipality and the petition is filed with the municipal clerk. The proposition shall be substantially in the following form:

Shall the term of the elective officers of (name of municipality) be lengthened from 2 years to 4 years?

(b) If a majority of the electors voting on the proposition vote against it, the terms of the officers shall remain 2 years. If, however, a majority of those voting on the proposition vote in favor of it, the officers elected at the next regular election for officers in the municipality shall hold their offices for a term of 4 years and until their successors are elected and have qualified, except in the case of trustees and alderpersons. In the case of alderpersons and trustees: (i) if the first election for alderpersons or trustees, after approval of the proposition, occurs in an even numbered year, the alderpersons or trustees elected in that even numbered year shall serve for terms of 3 years and until their successors are elected and have qualified, the terms for successors to those elected at the first even numbered year election shall be 4 years and until successors are elected and have qualified, the alderpersons or trustees elected at the first odd numbered year election next following the first even numbered year election shall serve for terms of 4 years and until successors are elected and have qualified, and successors elected after the first odd numbered year shall also serve 4 year terms and until their successors are elected and have qualified and (ii) if the first election for alderpersons or trustees, after approval of the proposition, occurs in an odd numbered year, the alderpersons or trustees elected in that odd numbered year shall serve for terms of 4 years and until their successors are elected and have qualified, the terms for successors to those elected at the first odd numbered year election shall be for 4 years and until successors are elected and have qualified, the alderpersons or trustees elected at the first even numbered year election next following the first odd numbered year election shall serve for terms of one year and until their successors are elected and have qualified, and the terms for successors to those elected at the first odd numbered year election shall be 4 years and until their successors are elected and have qualified.

(c) Notwithstanding the provisions of subsections (a) and (b), no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which alderpersons or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of alderpersons or trustees that occurs after July 1, 2022 (if the effective date of this amendatory Act of the 102nd General Assembly is on or before July 1, 2022) or July 1, 2023 (if the effective date of this amendatory Act of the 102nd General Assembly is after July 1, 2022), one alderperson or trustee shall be elected from each even-numbered ward for a 2-year term and one alderperson or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. If the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms.

(Source: P.A. 102-15, eff. 6-17-21.)

(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)

Sec. 3.1-15-40. Staggered elections under minority plans. In a municipality with a population of fewer than 40,000, the corporate authorities shall, no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly, provide by ordinance that that at any ensuing general municipal election for city officers the alderpersons in every alternate district shall be elected for one term of 2 years and, at the expiration of that term of 2 years, for regular terms of 4 years. If the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms. In all other cities that adopt or have adopted the minority representation plan for the election of alderpersons and have not already staggered the terms of their alderpersons, the city council may provide by ordinance that at any ensuing general municipal election for city officers the alderpersons in every alternate district shall be elected for one term of 2 years and, at the expiration of that term of 2 years, for regular terms of 4 years. This Section does not prohibit a city from voting in favor of a 2 year term for city officers as provided in Section 3.1-10-65. The provisions of the general election law shall govern elections under this Section.

(Source: P.A. 102-15, eff. 6-17-21.)

(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)

Sec. 3.1-20-22. Alderpersons; staggered terms.

(a) Except as otherwise provided in subsection (b), in In any city of less than 100,000 inhabitants, a proposition to stagger the terms of alderpersons, with as nearly as possible one-half of the alderpersons elected every 2 years, shall be certified by the city clerk to the proper election authority, who shall submit the proposition at an election in accordance with the general election law, if a petition requesting that action is signed by electors of the city numbering at least 10% of the total vote cast at the last election for mayor of the city and is filed with the city clerk.

The ballot shall have printed on it, but not as a part of the proposition submitted, the following information for voters: one alderperson elected from each even-numbered ward shall serve a term of 2 years; one alderperson elected from each odd-numbered ward shall serve a term of 4 years.

The proposition shall be substantially in the following form:

Shall (name of city) adopt a system of staggered terms for alderpersons?

If a majority of those voting on the proposition vote in favor of it, then at the next regular election for alderpersons one alderperson shall be elected from each even-numbered ward for a term of 2 years and one alderperson shall be elected from each odd-numbered ward for a term of 4 years. Thereafter, their successors shall be elected for terms of 4 years.

(b) In a municipality with a population of fewer than 40,000, no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the corporate authorities of the municipality shall adopt an ordinance providing that, at the first election of alderpersons that occurs after July 1, 2022 (if the effective date of this amendatory Act of the 102nd General Assembly is on or before July 1, 2022) or July 1, 2023 (if the effective date of this amendatory Act of the 102nd General Assembly is after July 1, 2022), one alderperson shall be elected from each even-numbered ward for a 2-year term and one alderperson shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. If the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms.

(Source: P.A. 102-15, eff. 6-17-21.)

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