Rep. Anthony DeLuca

Filed: 4/8/2015

 

 


 

 


 
09900HB3444ham001LRB099 11144 AWJ 33798 a

1
AMENDMENT TO HOUSE BILL 3444

2    AMENDMENT NO. ______. Amend House Bill 3444 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1taking the oath of office, in arrears in the payment of a tax
2or other indebtedness due to the municipality or has been
3convicted in any court located in the United States of any
4infamous crime, bribery, perjury, or other felony.
5    (b-5) (Blank) A person is not eligible to hold a municipal
6office, if that person is, at any time during the term of
7office, in arrears in the payment of a tax or other
8indebtedness due to the municipality or has been convicted in
9any court located in the United States of any infamous crime,
10bribery, perjury, or other felony.
11    (c) A person is not eligible for the office of alderman of
12a ward unless that person has resided in the ward that the
13person seeks to represent, and a person is not eligible for the
14office of trustee of a district unless that person has resided
15in the municipality, at least one year next preceding the
16election or appointment, except as provided in Section
173.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
18or Section 5-2-11.
19    (d) If a person (i) is a resident of a municipality
20immediately prior to the active duty military service of that
21person or that person's spouse, (ii) resides anywhere outside
22of the municipality during that active duty military service,
23and (iii) immediately upon completion of that active duty
24military service is again a resident of the municipality, then
25the time during which the person resides outside the
26municipality during the active duty military service is deemed

 

 

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1to be time during which the person is a resident of the
2municipality for purposes of determining the residency
3requirement under subsection (a).
4(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
 
5    (65 ILCS 5/3.1-10-50)
6    Sec. 3.1-10-50. Events upon which an elective office
7becomes vacant in municipality with population under 500,000.
8    (a) Vacancy by resignation. A resignation is not effective
9unless it is in writing, signed by the person holding the
10elective office, and notarized.
11        (1) Unconditional resignation. An unconditional
12    resignation by a person holding the elective office may
13    specify a future date, not later than 60 days after the
14    date the resignation is received by the officer authorized
15    to fill the vacancy, at which time it becomes operative,
16    but the resignation may not be withdrawn after it is
17    received by the officer authorized to fill the vacancy. The
18    effective date of a resignation that does not specify a
19    future date at which it becomes operative is the date the
20    resignation is received by the officer authorized to fill
21    the vacancy. The effective date of a resignation that has a
22    specified future effective date is that specified future
23    date or the date the resignation is received by the officer
24    authorized to fill the vacancy, whichever date occurs
25    later.

 

 

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1        (2) Conditional resignation. A resignation that does
2    not become effective unless a specified event occurs can be
3    withdrawn at any time prior to the occurrence of the
4    specified event, but if not withdrawn, the effective date
5    of the resignation is the date of the occurrence of the
6    specified event or the date the resignation is received by
7    the officer authorized to fill the vacancy, whichever date
8    occurs later.
9        (3) Vacancy upon the effective date. For the purpose of
10    determining the time period that would require an election
11    to fill the vacancy by resignation or the commencement of
12    the 60-day time period referred to in subsection (e), the
13    resignation of an elected officer is deemed to have created
14    a vacancy as of the effective date of the resignation.
15        (4) Duty of the clerk. If a resignation is delivered to
16    the clerk of the municipality, the clerk shall forward a
17    certified copy of the written resignation to the official
18    who is authorized to fill the vacancy within 7 business
19    days after receipt of the resignation.
20    (b) Vacancy by death or disability. A vacancy occurs in an
21office by reason of the death of the incumbent. The date of the
22death may be established by the date shown on the death
23certificate. A vacancy occurs in an office by permanent
24physical or mental disability rendering the person incapable of
25performing the duties of the office. The corporate authorities
26have the authority to make the determination whether an officer

 

 

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1is incapable of performing the duties of the office because of
2a permanent physical or mental disability. A finding of mental
3disability shall not be made prior to the appointment by a
4court of a guardian ad litem for the officer or until a duly
5licensed doctor certifies, in writing, that the officer is
6mentally impaired to the extent that the officer is unable to
7effectively perform the duties of the office. If the corporate
8authorities find that an officer is incapable of performing the
9duties of the office due to permanent physical or mental
10disability, that person is removed from the office and the
11vacancy of the office occurs on the date of the determination.
12    (c) Vacancy by other causes.
13        (1) Abandonment and other causes. A vacancy occurs in
14    an office by reason of abandonment of office; removal from
15    office; or failure to qualify; or more than temporary
16    removal of residence from the municipality; or in the case
17    of an alderman of a ward or councilman or trustee of a
18    district, more than temporary removal of residence from the
19    ward or district, as the case may be. The corporate
20    authorities have the authority to determine whether a
21    vacancy under this subsection has occurred. If the
22    corporate authorities determine that a vacancy exists, the
23    office is deemed vacant as of the date of that
24    determination for all purposes including the calculation
25    under subsections (e), (f), and (g).
26        (2) Guilty of a criminal offense. An admission of guilt

 

 

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

 

 

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1    the municipal official will be disqualified and his or her
2    office vacated. For purposes of this paragraph, a municipal
3    official is considered in arrears of a debt to a
4    municipality if a debt is more than 30 days overdue from
5    the date the debt was due.
6    (d) Election of an acting mayor or acting president. The
7election of an acting mayor or acting president pursuant to
8subsection (f) or (g) does not create a vacancy in the original
9office of the person on the city council or as a trustee, as
10the case may be, unless the person resigns from the original
11office following election as acting mayor or acting president.
12If the person resigns from the original office following
13election as acting mayor or acting president, then the original
14office must be filled pursuant to the terms of this Section and
15the acting mayor or acting president shall exercise the powers
16of the mayor or president and shall vote and have veto power in
17the manner provided by law for a mayor or president. If the
18person does not resign from the original office following
19election as acting mayor or acting president, then the acting
20mayor or acting president shall exercise the powers of the
21mayor or president but shall be entitled to vote only in the
22manner provided for as the holder of the original office and
23shall not have the power to veto. If the person does not resign
24from the original office following election as acting mayor or
25acting president, and if that person's original term of office
26has not expired when a mayor or president is elected and has

 

 

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1qualified for office, the acting mayor or acting-president
2shall return to the original office for the remainder of the
3term thereof.
4    (e) Appointment to fill alderman or trustee vacancy. An
5appointment by the mayor or president or acting mayor or acting
6president, as the case may be, of a qualified person as
7described in Section 3.1-10-5 of this Code to fill a vacancy in
8the office of alderman or trustee must be made within 60 days
9after the vacancy occurs. Once the appointment of the qualified
10person has been forwarded to the corporate authorities, the
11corporate authorities shall act upon the appointment within 30
12days. If the appointment fails to receive the advice and
13consent of the corporate authorities within 30 days, the mayor
14or president or acting mayor or acting president shall appoint
15and forward to the corporate authorities a second qualified
16person as described in Section 3.1-10-5. Once the appointment
17of the second qualified person has been forwarded to the
18corporate authorities, the corporate authorities shall act
19upon the appointment within 30 days. If the appointment of the
20second qualified person also fails to receive the advice and
21consent of the corporate authorities, then the mayor or
22president or acting mayor or acting president, without the
23advice and consent of the corporate authorities, may make a
24temporary appointment from those persons who were appointed but
25whose appointments failed to receive the advice and consent of
26the corporate authorities. The person receiving the temporary

 

 

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1appointment shall serve until an appointment has received the
2advice and consent and the appointee has qualified or until a
3person has been elected and has qualified, whichever first
4occurs.
5    (f) Election to fill vacancies in municipal offices with
64-year terms. If a vacancy occurs in an elective municipal
7office with a 4-year term and there remains an unexpired
8portion of the term of at least 28 months, and the vacancy
9occurs at least 130 days before the general municipal election
10next scheduled under the general election law, then the vacancy
11shall be filled for the remainder of the term at that general
12municipal election. Whenever an election is held for this
13purpose, the municipal clerk shall certify the office to be
14filled and the candidates for the office to the proper election
15authorities as provided in the general election law. If a
16vacancy occurs with less than 28 months remaining in the
17unexpired portion of the term or less than 130 days before the
18general municipal election, then:
19        (1) Mayor or president. If the vacancy is in the office
20    of mayor or president, the vacancy must be filled by the
21    corporate authorities electing one of their members as
22    acting mayor or acting president. Except as set forth in
23    subsection (d), the acting mayor or acting president shall
24    perform the duties and possess all the rights and powers of
25    the mayor or president until a mayor or president is
26    elected at the next general municipal election and has

 

 

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1    qualified. However, in villages with a population of less
2    than 5,000, if each of the trustees either declines the
3    election as acting president or is not elected by a
4    majority vote of the trustees presently holding office,
5    then the trustees may elect, as acting president, any other
6    village resident who is qualified to hold municipal office,
7    and the acting president shall exercise the powers of the
8    president and shall vote and have veto power in the manner
9    provided by law for a president.
10        (2) Alderman or trustee. If the vacancy is in the
11    office of alderman or trustee, the vacancy must be filled
12    by the mayor or president or acting mayor or acting
13    president, as the case may be, in accordance with
14    subsection (e).
15        (3) Other elective office. If the vacancy is in any
16    elective municipal office other than mayor or president or
17    alderman or trustee, the mayor or president or acting mayor
18    or acting president, as the case may be, must appoint a
19    qualified person to hold the office until the office is
20    filled by election, subject to the advice and consent of
21    the city council or the board of trustees, as the case may
22    be.
23    (g) Vacancies in municipal offices with 2-year terms. In
24the case of an elective municipal office with a 2-year term, if
25the vacancy occurs at least 130 days before the general
26municipal election next scheduled under the general election

 

 

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

 

 

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

 

 

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1    permanent physical or mental disability rendering the
2    person incapable of performing the duties of his or her
3    office, conviction of a disqualifying crime, abandonment
4    of office, removal from office, or removal of residence
5    from the municipality or, in the case of an alderman of a
6    ward, removal of residence from the ward.
7        (2) An admission of guilt of a criminal offense that
8    would, upon conviction, disqualify the municipal officer
9    from holding that office, in the form of a written
10    agreement with State or federal prosecutors to plead guilty
11    to a felony, bribery, perjury, or other infamous crime
12    under State or federal law, shall constitute a resignation
13    from that office, effective at the time the plea agreement
14    is made. For purposes of this Section, a conviction for an
15    offense that disqualifies the municipal officer from
16    holding that office occurs on the date of the return of a
17    guilty verdict or, in the case of a trial by the court, the
18    entry of a finding of guilt.
19        (3) Owing a debt to the municipality. A vacancy occurs
20    if a municipal official fails to pay a debt to a
21    municipality in which the official has been elected or
22    appointed to an elected position. In order for this
23    paragraph to apply, the municipal official shall have been
24    delivered by certified mail or personal service a notice
25    that (i) the municipal official is in arrears of a debt to
26    a municipality, (ii) that the debt must be paid within 30

 

 

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1    days after receipt of the notice, (iii) that once the debt
2    is paid, proof of payment must be presented to the
3    municipal clerk that the debt was paid in full, and (iv) if
4    proof of payment is not presented to the municipal clerk,
5    the municipal official will be disqualified and his or her
6    office vacated. For purposes of this paragraph, a municipal
7    official is considered in arrears of a debt to a
8    municipality if a debt is more than 30 days overdue from
9    the date the debt was due.
10    (b) If a vacancy occurs in an elective municipal office
11with a 4-year term and there remains an unexpired portion of
12the term of at least 28 months, and the vacancy occurs at least
13130 days before the general municipal election next scheduled
14under the general election law, then the vacancy shall be
15filled for the remainder of the term at that general municipal
16election. Whenever an election is held for this purpose, the
17municipal clerk shall certify the office to be filled and the
18candidates for the office to the proper election authorities as
19provided in the general election law. If the vacancy is in the
20office of mayor, the city council shall elect one of their
21members acting mayor. The acting mayor shall perform the duties
22and possess all the rights and powers of the mayor until a
23successor to fill the vacancy has been elected and has
24qualified. If the vacancy is in any other elective municipal
25office, then until the office is filled by election, the mayor
26shall appoint a qualified person to the office subject to the

 

 

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1advice and consent of the city council.
2    (c) If a vacancy occurs later than the time provided in
3subsection (b) in a 4-year term, a vacancy in the office of
4mayor shall be filled by the corporate authorities electing one
5of their members acting mayor. The acting mayor shall perform
6the duties and possess all the rights and powers of the mayor
7until a mayor is elected at the next general municipal election
8and has qualified. A vacancy occurring later than the time
9provided in subsection (b) in a 4-year term in any elective
10office other than mayor shall be filled by appointment by the
11mayor, with the advice and consent of the corporate
12authorities.
13    (d) A municipal officer appointed or elected under this
14Section shall hold office until the officer's successor is
15elected and has qualified.
16    (e) An appointment to fill a vacancy in the office of
17alderman shall be made within 60 days after the vacancy occurs.
18The requirement that an appointment be made within 60 days is
19an exclusive power and function of the State and is a denial
20and limitation under Article VII, Section 6, subsection (h) of
21the Illinois Constitution of the power of a home rule
22municipality to require that an appointment be made within a
23different period after the vacancy occurs.
24    (f) This Section applies only to municipalities with a
25population of 500,000 or more.
26(Source: P.A. 95-646, eff. 1-1-08.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".