98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5839
 
Introduced , by Rep. Al Riley
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Illinois Municipal Code. Eliminates a provision preventing a person from holding municipal office  if that person, at any time during the term of office, owes any payment to the municipality or  has been convicted of a felony in any court located in the United States. Effective immediately.
  


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A BILL FOR
 

  
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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 
5changing Section 3.1-10-5 as follows:
 



6    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)


7    Sec. 3.1-10-5. Qualifications; elective office. 

8    (a) A person is not eligible for an elective municipal 
9office unless that
person is a qualified elector of the 
10municipality and has resided in the
municipality at least
one 
11year next preceding the election or appointment, except as 
12provided in Section 3.1-20-25, subsection (b) of Section 
133.1-25-75, Section 5-2-2, or Section 5-2-11.

14    (b) A person is not eligible to take the oath of office for 
15a municipal office if that person is, at the time required for 
16taking the oath of office, in arrears in the payment of a tax 
17or other indebtedness due to the municipality or
has been 
18convicted in any court located in the United States of any 
19infamous
crime,
bribery, perjury, or other felony.

20    (b-5) (Blank) A person is not eligible to hold a municipal 
21office, if that person is, at any time during the term of 
22office, in arrears in the payment of a tax or other 
23indebtedness due to the municipality or has been convicted in 
 
 
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1any court located in the United States of any infamous crime, 
2bribery, perjury, or other felony. 
3    (c) A person is not eligible for the office of
alderman of 
4a ward unless that person has resided
in the ward that the 
5person seeks to represent, and a person is not eligible for the 
6office of trustee of a district unless that person has resided 
7in the
municipality, at least one year next
preceding the 
8election or appointment, except
as provided in Section 
93.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, 
10or Section 5-2-11.

11    (d) If a person (i) is a resident of a municipality 
12immediately prior to the active duty military service of that 
13person or that person's spouse, (ii) resides anywhere outside 
14of the municipality during that active duty military service, 
15and (iii) immediately upon completion of that active duty 
16military service is again a resident of the municipality, then 
17the time during which the person resides outside  the 
18municipality during the active duty military service is deemed 
19to be time during which the person is a resident of the 
20municipality for purposes of determining the residency 
21requirement under subsection (a).

22(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)

 
 
23    Section 99. Effective date. This Act takes effect upon 
24becoming law.