HB3444 EngrossedLRB099 11144 AWJ 31613 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
5changing Sections 3.1-10-5, 3.1-10-50, and 3.1-10-51 as
6follows:
 
7    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
8    Sec. 3.1-10-5. Qualifications; elective office.
9    (a) A person is not eligible for an elective municipal
10office unless that person is a qualified elector of the
11municipality and has resided in the municipality at least one
12year next preceding the election or appointment, except as
13provided in Section 3.1-20-25, subsection (b) of Section
143.1-25-75, Section 5-2-2, or Section 5-2-11.
15    (b) A person is not eligible to take the oath of office for
16a municipal office if that person is, at the time required for
17taking the oath of office, in arrears in the payment of a tax
18or other indebtedness due to the municipality or has been
19convicted in any court located in the United States of any
20infamous crime, bribery, perjury, or other felony.
21    (b-5) (Blank) A person is not eligible to hold a municipal
22office, if that person is, at any time during the term of
23office, in arrears in the payment of a tax or other

 

 

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1indebtedness due to the municipality or has been convicted in
2any court located in the United States of any infamous crime,
3bribery, perjury, or other felony.
4    (c) A person is not eligible for the office of alderman of
5a ward unless that person has resided in the ward that the
6person seeks to represent, and a person is not eligible for the
7office of trustee of a district unless that person has resided
8in the municipality, at least one year next preceding the
9election or appointment, except as provided in Section
103.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
11or Section 5-2-11.
12    (d) If a person (i) is a resident of a municipality
13immediately prior to the active duty military service of that
14person or that person's spouse, (ii) resides anywhere outside
15of the municipality during that active duty military service,
16and (iii) immediately upon completion of that active duty
17military service is again a resident of the municipality, then
18the time during which the person resides outside the
19municipality during the active duty military service is deemed
20to be time during which the person is a resident of the
21municipality for purposes of determining the residency
22requirement under subsection (a).
23(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
 
24    (65 ILCS 5/3.1-10-50)
25    Sec. 3.1-10-50. Events upon which an elective office

 

 

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1becomes vacant in municipality with population under 500,000.
2    (a) Vacancy by resignation. A resignation is not effective
3unless it is in writing, signed by the person holding the
4elective office, and notarized.
5        (1) Unconditional resignation. An unconditional
6    resignation by a person holding the elective office may
7    specify a future date, not later than 60 days after the
8    date the resignation is received by the officer authorized
9    to fill the vacancy, at which time it becomes operative,
10    but the resignation may not be withdrawn after it is
11    received by the officer authorized to fill the vacancy. The
12    effective date of a resignation that does not specify a
13    future date at which it becomes operative is the date the
14    resignation is received by the officer authorized to fill
15    the vacancy. The effective date of a resignation that has a
16    specified future effective date is that specified future
17    date or the date the resignation is received by the officer
18    authorized to fill the vacancy, whichever date occurs
19    later.
20        (2) Conditional resignation. A resignation that does
21    not become effective unless a specified event occurs can be
22    withdrawn at any time prior to the occurrence of the
23    specified event, but if not withdrawn, the effective date
24    of the resignation is the date of the occurrence of the
25    specified event or the date the resignation is received by
26    the officer authorized to fill the vacancy, whichever date

 

 

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1    occurs later.
2        (3) Vacancy upon the effective date. For the purpose of
3    determining the time period that would require an election
4    to fill the vacancy by resignation or the commencement of
5    the 60-day time period referred to in subsection (e), the
6    resignation of an elected officer is deemed to have created
7    a vacancy as of the effective date of the resignation.
8        (4) Duty of the clerk. If a resignation is delivered to
9    the clerk of the municipality, the clerk shall forward a
10    certified copy of the written resignation to the official
11    who is authorized to fill the vacancy within 7 business
12    days after receipt of the resignation.
13    (b) Vacancy by death or disability. A vacancy occurs in an
14office by reason of the death of the incumbent. The date of the
15death may be established by the date shown on the death
16certificate. A vacancy occurs in an office by permanent
17physical or mental disability rendering the person incapable of
18performing the duties of the office. The corporate authorities
19have the authority to make the determination whether an officer
20is incapable of performing the duties of the office because of
21a permanent physical or mental disability. A finding of mental
22disability shall not be made prior to the appointment by a
23court of a guardian ad litem for the officer or until a duly
24licensed doctor certifies, in writing, that the officer is
25mentally impaired to the extent that the officer is unable to
26effectively perform the duties of the office. If the corporate

 

 

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1authorities find that an officer is incapable of performing the
2duties of the office due to permanent physical or mental
3disability, that person is removed from the office and the
4vacancy of the office occurs on the date of the determination.
5    (c) Vacancy by other causes.
6        (1) Abandonment and other causes. A vacancy occurs in
7    an office by reason of abandonment of office; removal from
8    office; or failure to qualify; or more than temporary
9    removal of residence from the municipality; or in the case
10    of an alderman of a ward or councilman or trustee of a
11    district, more than temporary removal of residence from the
12    ward or district, as the case may be. The corporate
13    authorities have the authority to determine whether a
14    vacancy under this subsection has occurred. If the
15    corporate authorities determine that a vacancy exists, the
16    office is deemed vacant as of the date of that
17    determination for all purposes including the calculation
18    under subsections (e), (f), and (g).
19        (2) Guilty of a criminal offense. An admission of guilt
20    of a criminal offense that upon conviction would disqualify
21    the municipal officer from holding the office, in the form
22    of a written agreement with State or federal prosecutors to
23    plead guilty to a felony, bribery, perjury, or other
24    infamous crime under State or federal law, constitutes a
25    resignation from that office, effective on the date the
26    plea agreement is made. For purposes of this Section, a

 

 

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1    conviction for an offense that disqualifies a municipal
2    officer from holding that office occurs on the date of the
3    return of a guilty verdict or, in the case of a trial by
4    the court, on the entry of a finding of guilt.
5        (3) Election declared void. A vacancy occurs on the
6    date of the decision of a competent tribunal declaring the
7    election of the officer void.
8        (4) Owing a debt to the municipality. A vacancy occurs
9    if a municipal official fails to pay a debt to a
10    municipality in which the official has been elected or
11    appointed to an elected position. In order for this
12    paragraph to apply, the municipal official shall have been
13    delivered by certified mail or personal service a notice
14    that (i) the municipal official is in arrears of a debt to
15    a municipality, (ii) that the debt must be paid within 30
16    days after receipt of the notice, (iii) that once the debt
17    is paid, proof of payment must be presented to the
18    municipal clerk that the debt was paid in full, and (iv) if
19    proof of payment is not presented to the municipal clerk,
20    the municipal official will be disqualified and his or her
21    office vacated. For purposes of this paragraph, a municipal
22    official is considered in arrears of a debt to a
23    municipality if a debt is more than 30 days overdue from
24    the date the debt was due.
25    (d) Election of an acting mayor or acting president. The
26election of an acting mayor or acting president pursuant to

 

 

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1subsection (f) or (g) does not create a vacancy in the original
2office of the person on the city council or as a trustee, as
3the case may be, unless the person resigns from the original
4office following election as acting mayor or acting president.
5If the person resigns from the original office following
6election as acting mayor or acting president, then the original
7office must be filled pursuant to the terms of this Section and
8the acting mayor or acting president shall exercise the powers
9of the mayor or president and shall vote and have veto power in
10the manner provided by law for a mayor or president. If the
11person does not resign from the original office following
12election as acting mayor or acting president, then the acting
13mayor or acting president shall exercise the powers of the
14mayor or president but shall be entitled to vote only in the
15manner provided for as the holder of the original office and
16shall not have the power to veto. If the person does not resign
17from the original office following election as acting mayor or
18acting president, and if that person's original term of office
19has not expired when a mayor or president is elected and has
20qualified for office, the acting mayor or acting-president
21shall return to the original office for the remainder of the
22term thereof.
23    (e) Appointment to fill alderman or trustee vacancy. An
24appointment by the mayor or president or acting mayor or acting
25president, as the case may be, of a qualified person as
26described in Section 3.1-10-5 of this Code to fill a vacancy in

 

 

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1the office of alderman or trustee must be made within 60 days
2after the vacancy occurs. Once the appointment of the qualified
3person has been forwarded to the corporate authorities, the
4corporate authorities shall act upon the appointment within 30
5days. If the appointment fails to receive the advice and
6consent of the corporate authorities within 30 days, the mayor
7or president or acting mayor or acting president shall appoint
8and forward to the corporate authorities a second qualified
9person as described in Section 3.1-10-5. Once the appointment
10of the second qualified person has been forwarded to the
11corporate authorities, the corporate authorities shall act
12upon the appointment within 30 days. If the appointment of the
13second qualified person also fails to receive the advice and
14consent of the corporate authorities, then the mayor or
15president or acting mayor or acting president, without the
16advice and consent of the corporate authorities, may make a
17temporary appointment from those persons who were appointed but
18whose appointments failed to receive the advice and consent of
19the corporate authorities. The person receiving the temporary
20appointment shall serve until an appointment has received the
21advice and consent and the appointee has qualified or until a
22person has been elected and has qualified, whichever first
23occurs.
24    (f) Election to fill vacancies in municipal offices with
254-year terms. If a vacancy occurs in an elective municipal
26office with a 4-year term and there remains an unexpired

 

 

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1portion of the term of at least 28 months, and the vacancy
2occurs at least 130 days before the general municipal election
3next scheduled under the general election law, then the vacancy
4shall be filled for the remainder of the term at that general
5municipal election. Whenever an election is held for this
6purpose, the municipal clerk shall certify the office to be
7filled and the candidates for the office to the proper election
8authorities as provided in the general election law. If a
9vacancy occurs with less than 28 months remaining in the
10unexpired portion of the term or less than 130 days before the
11general municipal election, then:
12        (1) Mayor or president. If the vacancy is in the office
13    of mayor or president, the vacancy must be filled by the
14    corporate authorities electing one of their members as
15    acting mayor or acting president. Except as set forth in
16    subsection (d), the acting mayor or acting president shall
17    perform the duties and possess all the rights and powers of
18    the mayor or president until a mayor or president is
19    elected at the next general municipal election and has
20    qualified. However, in villages with a population of less
21    than 5,000, if each of the trustees either declines the
22    election as acting president or is not elected by a
23    majority vote of the trustees presently holding office,
24    then the trustees may elect, as acting president, any other
25    village resident who is qualified to hold municipal office,
26    and the acting president shall exercise the powers of the

 

 

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1    president and shall vote and have veto power in the manner
2    provided by law for a president.
3        (2) Alderman or trustee. If the vacancy is in the
4    office of alderman or trustee, the vacancy must be filled
5    by the mayor or president or acting mayor or acting
6    president, as the case may be, in accordance with
7    subsection (e).
8        (3) Other elective office. If the vacancy is in any
9    elective municipal office other than mayor or president or
10    alderman or trustee, the mayor or president or acting mayor
11    or acting president, as the case may be, must appoint a
12    qualified person to hold the office until the office is
13    filled by election, subject to the advice and consent of
14    the city council or the board of trustees, as the case may
15    be.
16    (g) Vacancies in municipal offices with 2-year terms. In
17the case of an elective municipal office with a 2-year term, if
18the vacancy occurs at least 130 days before the general
19municipal election next scheduled under the general election
20law, the vacancy shall be filled for the remainder of the term
21at that general municipal election. If the vacancy occurs less
22than 130 days before the general municipal election, then:
23        (1) Mayor or president. If the vacancy is in the office
24    of mayor or president, the vacancy must be filled by the
25    corporate authorities electing one of their members as
26    acting mayor or acting president. Except as set forth in

 

 

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1    subsection (d), the acting mayor or acting president shall
2    perform the duties and possess all the rights and powers of
3    the mayor or president until a mayor or president is
4    elected at the next general municipal election and has
5    qualified. However, in villages with a population of less
6    than 5,000, if each of the trustees either declines the
7    election as acting president or is not elected by a
8    majority vote of the trustees presently holding office,
9    then the trustees may elect, as acting president, any other
10    village resident who is qualified to hold municipal office,
11    and the acting president shall exercise the powers of the
12    president and shall vote and have veto power in the manner
13    provided by law for a president.
14        (2) Alderman or trustee. If the vacancy is in the
15    office of alderman or trustee, the vacancy must be filled
16    by the mayor or president or acting mayor or acting
17    president, as the case may be, in accordance with
18    subsection (e).
19        (3) Other elective office. If the vacancy is in any
20    elective municipal office other than mayor or president or
21    alderman or trustee, the mayor or president or acting mayor
22    or acting president, as the case may be, must appoint a
23    qualified person to hold the office until the office is
24    filled by election, subject to the advice and consent of
25    the city council or the board of trustees, as the case may
26    be.

 

 

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1    (h) In cases of vacancies arising by reason of an election
2being declared void pursuant to paragraph (3) of subsection
3(c), persons holding elective office prior thereto shall hold
4office until their successors are elected and qualified or
5appointed and confirmed by advice and consent, as the case may
6be.
7    (i) This Section applies only to municipalities with
8populations under 500,000.
9(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
 
10    (65 ILCS 5/3.1-10-51)
11    Sec. 3.1-10-51. Vacancies in municipalities with a
12population of 500,000 or more.
13    (a) Events upon which an elective office in a municipality
14of 500,000 or more shall become vacant:
15        (1) A municipal officer may resign from office. A
16    vacancy occurs in an office by reason of resignation,
17    failure to elect or qualify (in which case the incumbent
18    shall remain in office until the vacancy is filled), death,
19    permanent physical or mental disability rendering the
20    person incapable of performing the duties of his or her
21    office, conviction of a disqualifying crime, abandonment
22    of office, removal from office, or removal of residence
23    from the municipality or, in the case of an alderman of a
24    ward, removal of residence from the ward.
25        (2) An admission of guilt of a criminal offense that

 

 

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1    would, upon conviction, disqualify the municipal officer
2    from holding that office, in the form of a written
3    agreement with State or federal prosecutors to plead guilty
4    to a felony, bribery, perjury, or other infamous crime
5    under State or federal law, shall constitute a resignation
6    from that office, effective at the time the plea agreement
7    is made. For purposes of this Section, a conviction for an
8    offense that disqualifies the municipal officer from
9    holding that office occurs on the date of the return of a
10    guilty verdict or, in the case of a trial by the court, the
11    entry of a finding of guilt.
12        (3) Owing a debt to the municipality. A vacancy occurs
13    if a municipal official fails to pay a debt to a
14    municipality in which the official has been elected or
15    appointed to an elected position. In order for this
16    paragraph to apply, the municipal official shall have been
17    delivered by certified mail or personal service a notice
18    that (i) the municipal official is in arrears of a debt to
19    a municipality, (ii) that the debt must be paid within 30
20    days after receipt of the notice, (iii) that once the debt
21    is paid, proof of payment must be presented to the
22    municipal clerk that the debt was paid in full, and (iv) if
23    proof of payment is not presented to the municipal clerk,
24    the municipal official will be disqualified and his or her
25    office vacated. For purposes of this paragraph, a municipal
26    official is considered in arrears of a debt to a

 

 

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1    municipality if a debt is more than 30 days overdue from
2    the date the debt was due.
3    (b) If a vacancy occurs in an elective municipal office
4with a 4-year term and there remains an unexpired portion of
5the term of at least 28 months, and the vacancy occurs at least
6130 days before the general municipal election next scheduled
7under the general election law, then the vacancy shall be
8filled for the remainder of the term at that general municipal
9election. Whenever an election is held for this purpose, the
10municipal clerk shall certify the office to be filled and the
11candidates for the office to the proper election authorities as
12provided in the general election law. If the vacancy is in the
13office of mayor, the city council shall elect one of their
14members acting mayor. The acting mayor shall perform the duties
15and possess all the rights and powers of the mayor until a
16successor to fill the vacancy has been elected and has
17qualified. If the vacancy is in any other elective municipal
18office, then until the office is filled by election, the mayor
19shall appoint a qualified person to the office subject to the
20advice and consent of the city council.
21    (c) If a vacancy occurs later than the time provided in
22subsection (b) in a 4-year term, a vacancy in the office of
23mayor shall be filled by the corporate authorities electing one
24of their members acting mayor. The acting mayor shall perform
25the duties and possess all the rights and powers of the mayor
26until a mayor is elected at the next general municipal election

 

 

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1and has qualified. A vacancy occurring later than the time
2provided in subsection (b) in a 4-year term in any elective
3office other than mayor shall be filled by appointment by the
4mayor, with the advice and consent of the corporate
5authorities.
6    (d) A municipal officer appointed or elected under this
7Section shall hold office until the officer's successor is
8elected and has qualified.
9    (e) An appointment to fill a vacancy in the office of
10alderman shall be made within 60 days after the vacancy occurs.
11The requirement that an appointment be made within 60 days is
12an exclusive power and function of the State and is a denial
13and limitation under Article VII, Section 6, subsection (h) of
14the Illinois Constitution of the power of a home rule
15municipality to require that an appointment be made within a
16different period after the vacancy occurs.
17    (f) This Section applies only to municipalities with a
18population of 500,000 or more.
19(Source: P.A. 95-646, eff. 1-1-08.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.