HB3444 EnrolledLRB099 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

 

 

HB3444 Enrolled- 2 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 3 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 4 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 5 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 6 -LRB099 11144 AWJ 31613 b

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 subject to the following:
12            (A) Before a vacancy may occur under this paragraph
13        (4), the municipal clerk shall deliver, by personal
14        service, a written notice to the municipal official
15        that (i) the municipal official is in arrears of a debt
16        to the municipality, (ii) that municipal official must
17        either pay or contest the debt within 30 days after
18        receipt of the notice or the municipal official will be
19        disqualified and his or her office vacated, and (iii)
20        if the municipal official chooses to contest the debt,
21        the municipal official must provide written notice to
22        the municipal clerk of the contesting of the debt. A
23        copy of the notice, and the notice to contest, shall
24        also be mailed by the municipal clerk to the appointed
25        municipal attorney by certified mail. If the municipal
26        clerk is the municipal official indebted to the

 

 

HB3444 Enrolled- 7 -LRB099 11144 AWJ 31613 b

1        municipality, the mayor or president of the
2        municipality shall assume the duties of the municipal
3        clerk required under this paragraph (4).
4            (B) In the event that the municipal official
5        chooses to contest the debt, a hearing shall be held
6        within 30 days of the municipal clerk's receipt of the
7        written notice of contest from the municipal official.
8        An appointed municipal hearing officer shall preside
9        over the hearing, and shall hear testimony and accept
10        evidence relevant to the existence of the debt owed by
11        the municipal officer to the municipality.
12            (C) Upon the conclusion of the hearing, the hearing
13        officer shall make a determination on the basis of the
14        evidence presented as to whether or not the municipal
15        official is in arrears of a debt to the municipality.
16        The determination shall be in writing and shall be
17        designated as findings, decision, and order. The
18        findings, decision, and order shall include: (i) the
19        hearing officer's findings of fact; (ii) a decision of
20        whether or not the municipal official is in arrears of
21        a debt to the municipality based upon the findings of
22        fact; and (iii) an order that either directs the
23        municipal official to pay the debt within 30 days or be
24        disqualified and his or her office vacated or dismisses
25        the matter if a debt owed to the municipality is not
26        proved. A copy of the hearing officer's written

 

 

HB3444 Enrolled- 8 -LRB099 11144 AWJ 31613 b

1        determination shall be served upon the municipal
2        official in open proceedings before the hearing
3        officer. If the municipal official does not appear for
4        receipt of the written determination, the written
5        determination shall be deemed to have been served on
6        the municipal official on the date when a copy of the
7        written determination is personally served on the
8        municipal official or on the date when a copy of the
9        written determination is deposited in the United
10        States mail, postage prepaid, addressed to the
11        municipal official at the address on record with the
12        municipality.
13            (D) A municipal official aggrieved by the
14        determination of a hearing officer may secure judicial
15        review of such determination in the circuit court of
16        the county in which the hearing was held. The municipal
17        official seeking judicial review must file a petition
18        with the clerk of the court and must serve a copy of
19        the petition upon the municipality by registered or
20        certified mail within 5 days after service of the
21        determination of the hearing officer. The petition
22        shall contain a brief statement of the reasons why the
23        determination of the hearing officer should be
24        reversed. The municipal official shall file proof of
25        service with the clerk of the court. No answer to the
26        petition need be filed, but the municipality shall

 

 

HB3444 Enrolled- 9 -LRB099 11144 AWJ 31613 b

1        cause the record of proceedings before the hearing
2        officer to be filed with the clerk of the court on or
3        before the date of the hearing on the petition or as
4        ordered by the court. The court shall set the matter
5        for hearing to be held within 30 days after the filing
6        of the petition and shall make its decision promptly
7        after such hearing.
8            (E) If a municipal official chooses to pay the
9        debt, or is ordered to pay the debt after the hearing,
10        the municipal official must present proof of payment to
11        the municipal clerk that the debt was paid in full,
12        and, if applicable, within the required time period as
13        ordered by a hearing officer or circuit court judge.
14            (F) A municipal official will be disqualified and
15        his or her office vacated pursuant to this paragraph
16        (4) on the later of the following times if the
17        municipal official: (i) fails to pay or contest the
18        debt within 30 days of the municipal official's receipt
19        of the notice of the debt; (ii) fails to pay the debt
20        within 30 days after being served with a written
21        determination under subparagraph (C) ordering the
22        municipal official to pay the debt; or (iii) fails to
23        pay the debt within 30 days after being served with a
24        decision pursuant to subparagraph (D) upholding a
25        hearing officer's determination that the municipal
26        officer has failed to pay a debt owed to a

 

 

HB3444 Enrolled- 10 -LRB099 11144 AWJ 31613 b

1        municipality.
2            (G) For purposes of this paragraph, a "debt" shall
3        mean an arrearage in a definitely ascertainable and
4        quantifiable amount after service of written notice
5        thereof, in the payment of any indebtedness due to the
6        municipality, which has been adjudicated before a
7        tribunal with jurisdiction over the matter. A
8        municipal official is considered in arrears of a debt
9        to a municipality if a debt is more than 30 days
10        overdue from the date the debt was due.
11    (d) Election of an acting mayor or acting president. The
12election of an acting mayor or acting president pursuant to
13subsection (f) or (g) does not create a vacancy in the original
14office of the person on the city council or as a trustee, as
15the case may be, unless the person resigns from the original
16office following election as acting mayor or acting president.
17If the person resigns from the original office following
18election as acting mayor or acting president, then the original
19office must be filled pursuant to the terms of this Section and
20the acting mayor or acting president shall exercise the powers
21of the mayor or president and shall vote and have veto power in
22the manner provided by law for a mayor or president. If the
23person does not resign from the original office following
24election as acting mayor or acting president, then the acting
25mayor or acting president shall exercise the powers of the
26mayor or president but shall be entitled to vote only in the

 

 

HB3444 Enrolled- 11 -LRB099 11144 AWJ 31613 b

1manner provided for as the holder of the original office and
2shall not have the power to veto. If the person does not resign
3from the original office following election as acting mayor or
4acting president, and if that person's original term of office
5has not expired when a mayor or president is elected and has
6qualified for office, the acting mayor or acting-president
7shall return to the original office for the remainder of the
8term thereof.
9    (e) Appointment to fill alderman or trustee vacancy. An
10appointment by the mayor or president or acting mayor or acting
11president, as the case may be, of a qualified person as
12described in Section 3.1-10-5 of this Code to fill a vacancy in
13the office of alderman or trustee must be made within 60 days
14after the vacancy occurs. Once the appointment of the qualified
15person has been forwarded to the corporate authorities, the
16corporate authorities shall act upon the appointment within 30
17days. If the appointment fails to receive the advice and
18consent of the corporate authorities within 30 days, the mayor
19or president or acting mayor or acting president shall appoint
20and forward to the corporate authorities a second qualified
21person as described in Section 3.1-10-5. Once the appointment
22of the second qualified person has been forwarded to the
23corporate authorities, the corporate authorities shall act
24upon the appointment within 30 days. If the appointment of the
25second qualified person also fails to receive the advice and
26consent of the corporate authorities, then the mayor or

 

 

HB3444 Enrolled- 12 -LRB099 11144 AWJ 31613 b

1president or acting mayor or acting president, without the
2advice and consent of the corporate authorities, may make a
3temporary appointment from those persons who were appointed but
4whose appointments failed to receive the advice and consent of
5the corporate authorities. The person receiving the temporary
6appointment shall serve until an appointment has received the
7advice and consent and the appointee has qualified or until a
8person has been elected and has qualified, whichever first
9occurs.
10    (f) Election to fill vacancies in municipal offices with
114-year terms. If a vacancy occurs in an elective municipal
12office with a 4-year term and there remains an unexpired
13portion of the term of at least 28 months, and the vacancy
14occurs at least 130 days before the general municipal election
15next scheduled under the general election law, then the vacancy
16shall be filled for the remainder of the term at that general
17municipal election. Whenever an election is held for this
18purpose, the municipal clerk shall certify the office to be
19filled and the candidates for the office to the proper election
20authorities as provided in the general election law. If a
21vacancy occurs with less than 28 months remaining in the
22unexpired portion of the term or less than 130 days before the
23general municipal election, then:
24        (1) Mayor or president. If the vacancy is in the office
25    of mayor or president, the vacancy must be filled by the
26    corporate authorities electing one of their members as

 

 

HB3444 Enrolled- 13 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 14 -LRB099 11144 AWJ 31613 b

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

 

 

HB3444 Enrolled- 15 -LRB099 11144 AWJ 31613 b

1    office of alderman or trustee, the vacancy must be filled
2    by the mayor or president or acting mayor or acting
3    president, as the case may be, in accordance with
4    subsection (e).
5        (3) Other elective office. If the vacancy is in any
6    elective municipal office other than mayor or president or
7    alderman or trustee, the mayor or president or acting mayor
8    or acting president, as the case may be, must appoint a
9    qualified person to hold the office until the office is
10    filled by election, subject to the advice and consent of
11    the city council or the board of trustees, as the case may
12    be.
13    (h) In cases of vacancies arising by reason of an election
14being declared void pursuant to paragraph (3) of subsection
15(c), persons holding elective office prior thereto shall hold
16office until their successors are elected and qualified or
17appointed and confirmed by advice and consent, as the case may
18be.
19    (i) This Section applies only to municipalities with
20populations under 500,000.
21(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
 
22    (65 ILCS 5/3.1-10-51)
23    Sec. 3.1-10-51. Vacancies in municipalities with a
24population of 500,000 or more.
25    (a) Events upon which an elective office in a municipality

 

 

HB3444 Enrolled- 16 -LRB099 11144 AWJ 31613 b

1of 500,000 or more shall become vacant:
2        (1) A municipal officer may resign from office. A
3    vacancy occurs in an office by reason of resignation,
4    failure to elect or qualify (in which case the incumbent
5    shall remain in office until the vacancy is filled), death,
6    permanent physical or mental disability rendering the
7    person incapable of performing the duties of his or her
8    office, conviction of a disqualifying crime, abandonment
9    of office, removal from office, or removal of residence
10    from the municipality or, in the case of an alderman of a
11    ward, removal of residence from the ward.
12        (2) An admission of guilt of a criminal offense that
13    would, upon conviction, disqualify the municipal officer
14    from holding that office, in the form of a written
15    agreement with State or federal prosecutors to plead guilty
16    to a felony, bribery, perjury, or other infamous crime
17    under State or federal law, shall constitute a resignation
18    from that office, effective at the time the plea agreement
19    is made. For purposes of this Section, a conviction for an
20    offense that disqualifies the municipal officer from
21    holding that office occurs on the date of the return of a
22    guilty verdict or, in the case of a trial by the court, the
23    entry of a finding of guilt.
24        (3) Owing a debt to the municipality. A vacancy occurs
25    if a municipal official fails to pay a debt to a
26    municipality in which the official has been elected or

 

 

HB3444 Enrolled- 17 -LRB099 11144 AWJ 31613 b

1    appointed to an elected position subject to the following:
2            (A) Before a vacancy may occur under this paragraph
3        (3), the municipal clerk shall deliver, by personal
4        service, a written notice to the municipal official
5        that (i) the municipal official is in arrears of a debt
6        to the municipality, (ii) that municipal official must
7        either pay or contest the debt within 30 days after
8        receipt of the notice or the municipal official will be
9        disqualified and his or her office vacated, and (iii)
10        if the municipal official chooses to contest the debt,
11        the municipal official must provide written notice to
12        the municipal clerk of the contesting of the debt. A
13        copy of the notice, and the notice to contest, shall
14        also be mailed by the municipal clerk to the appointed
15        municipal attorney by certified mail. If the municipal
16        clerk is the municipal official indebted to the
17        municipality, the mayor or president of the
18        municipality shall assume the duties of the municipal
19        clerk required under this paragraph (3).
20            (B) In the event that the municipal official
21        chooses to contest the debt, a hearing shall be held
22        within 30 days of the municipal clerk's receipt of the
23        written notice of contest from the municipal official.
24        An appointed municipal hearing officer shall preside
25        over the hearing, and shall hear testimony and accept
26        evidence relevant to the existence of the debt owed by

 

 

HB3444 Enrolled- 18 -LRB099 11144 AWJ 31613 b

1        the municipal officer to the municipality.
2            (C) Upon the conclusion of the hearing, the hearing
3        officer shall make a determination on the basis of the
4        evidence presented as to whether or not the municipal
5        official is in arrears of a debt to the municipality.
6        The determination shall be in writing and shall be
7        designated as findings, decision, and order. The
8        findings, decision, and order shall include: (i) the
9        hearing officer's findings of fact; (ii) a decision of
10        whether or not the municipal official is in arrears of
11        a debt to the municipality based upon the findings of
12        fact; and (iii) an order that either directs the
13        municipal official to pay the debt within 30 days or be
14        disqualified and his or her office vacated or dismisses
15        the matter if a debt owed to the municipality is not
16        proved. A copy of the hearing officer's written
17        determination shall be served upon the municipal
18        official in open proceedings before the hearing
19        officer. If the municipal official does not appear for
20        receipt of the written determination, the written
21        determination shall be deemed to have been served on
22        the municipal official on the date when a copy of the
23        written determination is personally served on the
24        municipal official or on the date when a copy of the
25        written determination is deposited in the United
26        States mail, postage prepaid, addressed to the

 

 

HB3444 Enrolled- 19 -LRB099 11144 AWJ 31613 b

1        municipal official at the address on record in the
2        files of the municipality.
3            (D) A municipal official aggrieved by the
4        determination of a hearing officer may secure judicial
5        review of such determination in the circuit court of
6        the county in which the hearing was held. The municipal
7        official seeking judicial review must file a petition
8        with the clerk of the court and must serve a copy of
9        the petition upon the municipality by registered or
10        certified mail within 5 days after service of the
11        determination of the hearing officer. The petition
12        shall contain a brief statement of the reasons why the
13        determination of the hearing officer should be
14        reversed. The municipal official shall file proof of
15        service with the clerk of the court. No answer to the
16        petition need be filed, but the municipality shall
17        cause the record of proceedings before the hearing
18        officer to be filed with the clerk of the court on or
19        before the date of the hearing on the petition or as
20        ordered by the court. The court shall set the matter
21        for hearing to be held within 30 days after the filing
22        of the petition and shall make its decision promptly
23        after such hearing.
24            (E) If a municipal official chooses to pay the
25        debt, or is ordered to pay the debt after the hearing,
26        the municipal official must present proof of payment to

 

 

HB3444 Enrolled- 20 -LRB099 11144 AWJ 31613 b

1        the municipal clerk that the debt was paid in full,
2        and, if applicable, within the required time period as
3        ordered by a hearing officer.
4            (F) A municipal official will be disqualified and
5        his or her office vacated pursuant to this paragraph
6        (3) on the later of the following times the municipal
7        official: (i) fails to pay or contest the debt within
8        30 days of the municipal official's receipt of the
9        notice of the debt; (ii) fails to pay the debt within
10        30 days after being served with a written determination
11        under subparagraph (C) ordering the municipal official
12        to pay the debt; or (iii) fails to pay the debt within
13        30 days after being served with a decision pursuant to
14        subparagraph (D) upholding a hearing officer's
15        determination that the municipal officer has failed to
16        pay a debt owed to a municipality.
17            (G) For purposes of this paragraph, a "debt" shall
18        mean an arrearage in a definitely ascertainable and
19        quantifiable amount after service of written notice
20        thereof, in the payment of any indebtedness due to the
21        municipality, which has been adjudicated before a
22        tribunal with jurisdiction over the matter. A
23        municipal official is considered in arrears of a debt
24        to a municipality if a debt is more than 30 days
25        overdue from the date the debt was due.
26    (b) If a vacancy occurs in an elective municipal office

 

 

HB3444 Enrolled- 21 -LRB099 11144 AWJ 31613 b

1with a 4-year term and there remains an unexpired portion of
2the term of at least 28 months, and the vacancy occurs at least
3130 days before the general municipal election next scheduled
4under the general election law, then the vacancy shall be
5filled for the remainder of the term at that general municipal
6election. Whenever an election is held for this purpose, the
7municipal clerk shall certify the office to be filled and the
8candidates for the office to the proper election authorities as
9provided in the general election law. If the vacancy is in the
10office of mayor, the city council shall elect one of their
11members acting mayor. The acting mayor shall perform the duties
12and possess all the rights and powers of the mayor until a
13successor to fill the vacancy has been elected and has
14qualified. If the vacancy is in any other elective municipal
15office, then until the office is filled by election, the mayor
16shall appoint a qualified person to the office subject to the
17advice and consent of the city council.
18    (c) If a vacancy occurs later than the time provided in
19subsection (b) in a 4-year term, a vacancy in the office of
20mayor shall be filled by the corporate authorities electing one
21of their members acting mayor. The acting mayor shall perform
22the duties and possess all the rights and powers of the mayor
23until a mayor is elected at the next general municipal election
24and has qualified. A vacancy occurring later than the time
25provided in subsection (b) in a 4-year term in any elective
26office other than mayor shall be filled by appointment by the

 

 

HB3444 Enrolled- 22 -LRB099 11144 AWJ 31613 b

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