Illinois General Assembly - Full Text of HB4355
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4355  102nd General Assembly

HB4355 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 22697 AWJ 31843 b

 

 

A BILL FOR

 

HB4355LRB102 22697 AWJ 31843 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 3.1-10-65, 3.1-10-75, 3.1-15-40, and
63.1-20-22 as follows:
 
7    (65 ILCS 5/3.1-10-65)  (from Ch. 24, par. 3.1-10-65)
8    Sec. 3.1-10-65. Referendum to reduce terms.
9    (a) Except as otherwise provided in subsection (c), in In
10any municipality of less than 500,000 inhabitants, a
11proposition to reduce the terms of the elective officers of
12the municipality from 4 years to 2 years may be submitted,
13within the discretion of the corporate authorities, to the
14electors of the municipality. The proposition shall also be
15submitted if a petition requesting that action is signed by
16electors of the municipality numbering not less than 10% of
17the total vote cast at the last election for mayor or president
18of the municipality and the petition is filed with the
19municipal clerk and certified in accordance with the general
20election law. The proposition shall be substantially in the
21following form:
22        Shall the term of the elective officers of (name of
23    municipality) be reduced from 4 years to 2 years?

 

 

HB4355- 2 -LRB102 22697 AWJ 31843 b

1    (b) If a majority of the electors voting on the
2proposition vote against it, the terms of the officers shall
3remain 4 years. If, however, a majority of those voting on the
4proposition vote in favor of it, the officers elected at the
5next regular election for officers in the municipality shall
6hold their offices for a term of 2 years and until their
7successors are elected and have qualified, except in the case
8of trustees and alderpersons. In the case of alderpersons and
9trustees: (i) at the first election of alderpersons or
10trustees that occurs in an odd numbered year following the
11vote to reduce the length of terms, successors to alderpersons
12or trustees whose terms expire in that year shall be elected
13for a term of one year and until their successors are elected
14and have qualified and (ii) thereafter, one-half of the
15alderpersons or trustees shall be elected each year for terms
16of 2 years and until their successors are elected and have
17qualified.
18    (c) No later than 30 days after the effective date of this
19amendatory Act of the 102nd General Assembly, the corporate
20authorities of a municipality with a population of fewer than
2140,000 inhabitants in which alderpersons or trustees are
22elected for 2-year terms shall adopt an ordinance providing
23that, at the first election of alderpersons or trustees that
24occurs after July 1, 2022 (if the effective date of this
25amendatory Act of the 102nd General Assembly is on or before
26July 1, 2022) or July 1, 2023 (if the effective date of this

 

 

HB4355- 3 -LRB102 22697 AWJ 31843 b

1amendatory Act of the 102nd General Assembly is after July 1,
22022), one alderperson or trustee shall be elected from each
3even-numbered ward for a 2-year term and one alderperson or
4trustee shall be elected from each odd-numbered ward for a
54-year term, after which their successors shall be elected for
64-year terms. If the municipality elects its alderpersons or
7trustees from at-large districts, then one-half of the
8alderpersons or trustees (plus one if there is an odd number of
9alderpersons or trustees) shall be elected to a 2-year term
10and one-half shall be elected to a 4-year term, after which
11their successors shall be elected to 4-year terms.
12    Notwithstanding the provisions of subsections (a) and (b),
13on and after the effective date of this amendatory Act of the
14102nd General Assembly, a municipality with a population of
15fewer than 40,000 may not reduce the length of terms of the
16alderpersons or trustees of the municipality from 4 years to 2
17years by referendum or otherwise.
18(Source: P.A. 102-15, eff. 6-17-21.)
 
19    (65 ILCS 5/3.1-10-75)  (from Ch. 24, par. 3.1-10-75)
20    Sec. 3.1-10-75. Referendum to lengthen terms.
21    (a) Except as otherwise provided in subsection (c), in In
22any municipality of less than 500,000 inhabitants that, under
23Section 3.1-10-65, has voted to shorten the terms of elective
24officers, a proposition to lengthen the terms of the elective
25officers of the municipality from 2 years to 4 years may be

 

 

HB4355- 4 -LRB102 22697 AWJ 31843 b

1submitted, within the discretion of the corporate authorities,
2to the electors of the municipality. The proposition shall be
3certified by the municipal clerk to the appropriate election
4authorities, who shall submit the proposition at an election
5in accordance with the general election law. The proposition
6shall also be submitted at an election if a petition
7requesting that action is signed by electors of the
8municipality numbering not less than 10% of the total vote
9cast at the last election for mayor or president of the
10municipality and the petition is filed with the municipal
11clerk. The proposition shall be substantially in the following
12form:
13        Shall the term of the elective officers of (name of
14    municipality) be lengthened from 2 years to 4 years?
15    (b) If a majority of the electors voting on the
16proposition vote against it, the terms of the officers shall
17remain 2 years. If, however, a majority of those voting on the
18proposition vote in favor of it, the officers elected at the
19next regular election for officers in the municipality shall
20hold their offices for a term of 4 years and until their
21successors are elected and have qualified, except in the case
22of trustees and alderpersons. In the case of alderpersons and
23trustees: (i) if the first election for alderpersons or
24trustees, after approval of the proposition, occurs in an even
25numbered year, the alderpersons or trustees elected in that
26even numbered year shall serve for terms of 3 years and until

 

 

HB4355- 5 -LRB102 22697 AWJ 31843 b

1their successors are elected and have qualified, the terms for
2successors to those elected at the first even numbered year
3election shall be 4 years and until successors are elected and
4have qualified, the alderpersons or trustees elected at the
5first odd numbered year election next following the first even
6numbered year election shall serve for terms of 4 years and
7until successors are elected and have qualified, and
8successors elected after the first odd numbered year shall
9also serve 4 year terms and until their successors are elected
10and have qualified and (ii) if the first election for
11alderpersons or trustees, after approval of the proposition,
12occurs in an odd numbered year, the alderpersons or trustees
13elected in that odd numbered year shall serve for terms of 4
14years and until their successors are elected and have
15qualified, the terms for successors to those elected at the
16first odd numbered year election shall be for 4 years and until
17successors are elected and have qualified, the alderpersons or
18trustees elected at the first even numbered year election next
19following the first odd numbered year election shall serve for
20terms of one year and until their successors are elected and
21have qualified, and the terms for successors to those elected
22at the first odd numbered year election shall be 4 years and
23until their successors are elected and have qualified.
24    (c) Notwithstanding the provisions of subsections (a) and
25(b), no later than 30 days after the effective date of this
26amendatory Act of the 102nd General Assembly, the corporate

 

 

HB4355- 6 -LRB102 22697 AWJ 31843 b

1authorities of a municipality with a population of fewer than
240,000 inhabitants in which alderpersons or trustees are
3elected for 2-year terms shall adopt an ordinance providing
4that, at the first election of alderpersons or trustees that
5occurs after July 1, 2022 (if the effective date of this
6amendatory Act of the 102nd General Assembly is on or before
7July 1, 2022) or July 1, 2023 (if the effective date of this
8amendatory Act of the 102nd General Assembly is after July 1,
92022), one alderperson or trustee shall be elected from each
10even-numbered ward for a 2-year term and one alderperson or
11trustee shall be elected from each odd-numbered ward for a
124-year term, after which their successors shall be elected for
134-year terms. If the municipality elects its alderpersons or
14trustees from at-large districts, then one-half of the
15alderpersons or trustees (plus one if there is an odd number of
16alderpersons or trustees) shall be elected to a 2-year term
17and one-half shall be elected to a 4-year term, after which
18their successors shall be elected to 4-year terms.
19(Source: P.A. 102-15, eff. 6-17-21.)
 
20    (65 ILCS 5/3.1-15-40)  (from Ch. 24, par. 3.1-15-40)
21    Sec. 3.1-15-40. Staggered elections under minority plans.
22In a municipality with a population of fewer than 40,000, the
23corporate authorities shall, no later than 30 days after the
24effective date of this amendatory Act of the 102nd General
25Assembly, provide by ordinance that that at any ensuing

 

 

HB4355- 7 -LRB102 22697 AWJ 31843 b

1general municipal election for city officers the alderpersons
2in every alternate district shall be elected for one term of 2
3years and, at the expiration of that term of 2 years, for
4regular terms of 4 years. If the municipality elects its
5alderpersons or trustees from at-large districts, then
6one-half of the alderpersons or trustees (plus one if there is
7an odd number of alderpersons or trustees) shall be elected to
8a 2-year term and one-half shall be elected to a 4-year term,
9after which their successors shall be elected to 4-year terms.
10In all other cities that adopt or have adopted the minority
11representation plan for the election of alderpersons and have
12not already staggered the terms of their alderpersons, the
13city council may provide by ordinance that at any ensuing
14general municipal election for city officers the alderpersons
15in every alternate district shall be elected for one term of 2
16years and, at the expiration of that term of 2 years, for
17regular terms of 4 years. This Section does not prohibit a city
18from voting in favor of a 2 year term for city officers as
19provided in Section 3.1-10-65. The provisions of the general
20election law shall govern elections under this Section.
21(Source: P.A. 102-15, eff. 6-17-21.)
 
22    (65 ILCS 5/3.1-20-22)  (from Ch. 24, par. 3.1-20-22)
23    Sec. 3.1-20-22. Alderpersons; staggered terms.
24    (a) Except as otherwise provided in subsection (b), in In
25any city of less than 100,000 inhabitants, a proposition to

 

 

HB4355- 8 -LRB102 22697 AWJ 31843 b

1stagger the terms of alderpersons, with as nearly as possible
2one-half of the alderpersons elected every 2 years, shall be
3certified by the city clerk to the proper election authority,
4who shall submit the proposition at an election in accordance
5with the general election law, if a petition requesting that
6action is signed by electors of the city numbering at least 10%
7of the total vote cast at the last election for mayor of the
8city and is filed with the city clerk.
9    The ballot shall have printed on it, but not as a part of
10the proposition submitted, the following information for
11voters: one alderperson elected from each even-numbered ward
12shall serve a term of 2 years; one alderperson elected from
13each odd-numbered ward shall serve a term of 4 years.
14    The proposition shall be substantially in the following
15form:
16        Shall (name of city) adopt a system of staggered terms
17    for alderpersons?
18    If a majority of those voting on the proposition vote in
19favor of it, then at the next regular election for
20alderpersons one alderperson shall be elected from each
21even-numbered ward for a term of 2 years and one alderperson
22shall be elected from each odd-numbered ward for a term of 4
23years. Thereafter, their successors shall be elected for terms
24of 4 years.
25    (b) In a municipality with a population of fewer than
2640,000, no later than 30 days after the effective date of this

 

 

HB4355- 9 -LRB102 22697 AWJ 31843 b

1amendatory Act of the 102nd General Assembly, the corporate
2authorities of the municipality shall adopt an ordinance
3providing that, at the first election of alderpersons that
4occurs after July 1, 2022 (if the effective date of this
5amendatory Act of the 102nd General Assembly is on or before
6July 1, 2022) or July 1, 2023 (if the effective date of this
7amendatory Act of the 102nd General Assembly is after July 1,
82022), one alderperson shall be elected from each
9even-numbered ward for a 2-year term and one alderperson shall
10be elected from each odd-numbered ward for a 4-year term,
11after which their successors shall be elected for 4-year
12terms. If the municipality elects its alderpersons or trustees
13from at-large districts, then one-half of the alderpersons or
14trustees (plus one if there is an odd number of alderpersons or
15trustees) shall be elected to a 2-year term and one-half shall
16be elected to a 4-year term, after which their successors
17shall be elected to 4-year terms.
18(Source: P.A. 102-15, eff. 6-17-21.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.