Full Text of HB5981 95th General Assembly
HB5981 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5981
Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-15-5 |
from Ch. 24, par. 3.1-15-5 |
65 ILCS 5/3.1-20-5 |
from Ch. 24, par. 3.1-20-5 |
65 ILCS 5/3.1-30-5 |
from Ch. 24, par. 3.1-30-5 |
65 ILCS 5/3.1-50-25 |
from Ch. 24, par. 3.1-50-25 |
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Amends the Illinois Municipal Code. Provides that, in a city of 5,000 or fewer inhabitants, the city clerk may be appointed by the mayor with the advice and consent of the city council (now, the clerk is elected). Provides that, if the city clerk is appointed rather than elected, the clerk may later be elected but only after approval by referendum.
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A BILL FOR
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HB5981 |
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LRB095 20179 HLH 46751 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 3.1-15-5, 3.1-20-5, 3.1-30-5, and 3.1-50-25 | 6 |
| as follows:
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| (65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
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| Sec. 3.1-15-5. Officers to be elected. | 9 |
| (a) In all cities incorporated
under this Code there shall | 10 |
| be elected a mayor, aldermen, a city clerk, and a
city | 11 |
| treasurer (except in the case of a city of 10,000 or fewer | 12 |
| inhabitants
that, by ordinance, allows for the appointment of a | 13 |
| city treasurer by the
mayor, subject to the advice and consent | 14 |
| of the city council , and except in the case of a city of 5,000 | 15 |
| or fewer inhabitants
that, by ordinance or resolution adopted | 16 |
| by at least two-thirds of the corporate authorities of the | 17 |
| municipality, allows for the appointment of a city clerk by the
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| mayor, subject to the advice and consent of the city council ). | 19 |
| In all villages
and incorporated towns, there shall be elected | 20 |
| a president, trustees, and a
clerk, except as otherwise | 21 |
| provided in this Code.
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| (b) In any city in which the city clerk is appointed as | 23 |
| provided in this Section, the city clerk may later be elected, |
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HB5981 |
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LRB095 20179 HLH 46751 b |
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| but only after a referendum submitted to the electors of the | 2 |
| city upon the filing of a petition with the city clerk signed | 3 |
| by a number of electors equal to at least 10% of the votes cast | 4 |
| during the last preceding municipal election. The question | 5 |
| shall be certified by the city clerk to the proper election | 6 |
| authorities, who shall submit the proposition at an election in | 7 |
| accordance with the general election law. The question shall be | 8 |
| in substantially the following form: | 9 |
| "Shall the city clerk in (name of city) be elected | 10 |
| rather than appointed?" | 11 |
| If a majority of the electors in the city voting on the | 12 |
| question vote in the affirmative, the city clerk shall | 13 |
| thereafter be elected. If a majority of the electors voting on | 14 |
| the question vote in the negative, the city clerk shall | 15 |
| continue to be appointed. | 16 |
| (Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
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| (65 ILCS 5/3.1-20-5) (from Ch. 24, par. 3.1-20-5)
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| Sec. 3.1-20-5. Clerk and treasurer. The city clerk and the | 19 |
| city treasurer
shall be elected at the same time that the mayor | 20 |
| is elected, except in the case
of an election to fill a mayoral | 21 |
| vacancy , except in the case of a city having 5,000 or fewer | 22 |
| inhabitants in which, by ordinance or resolution, the position | 23 |
| of city
clerk is an appointed position, and except in the case | 24 |
| of a city
having 10,000 or fewer inhabitants in which, by | 25 |
| ordinance, the position of city
treasurer is an appointed |
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HB5981 |
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LRB095 20179 HLH 46751 b |
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| position. If a vacancy occurs in the office of city
clerk or | 2 |
| city treasurer, it shall be filled by the mayor with the advice | 3 |
| and
consent of the city council. The person so appointed shall | 4 |
| hold office for the
unexpired term of the officer elected.
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| (Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
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| (65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
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| Sec. 3.1-30-5. Appointed officers in all municipalities.
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| (a) The mayor or president, as the case may be, by and with | 9 |
| the advice
and consent of the city council or the board
of | 10 |
| trustees, may appoint (1) a treasurer (if the treasurer is not | 11 |
| an
elected position in the municipality), (2) a collector, (3) | 12 |
| a
comptroller, (4) a marshal, (5) an attorney or a corporation | 13 |
| counsel, (6)
one or more purchasing agents and deputies, (7) | 14 |
| the number of auxiliary police officers determined necessary by | 15 |
| the corporate authorities, (8)
police matrons, (9) a | 16 |
| commissioner of public works, (10) a budget director
or a | 17 |
| budget officer, (11) a city clerk appointed under Section | 18 |
| 3.1-15-5 of this Code, and (12) (11) other officers
necessary | 19 |
| to carry into effect the powers conferred upon municipalities.
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| (b) By ordinance or resolution to take effect at the end of | 21 |
| the current
fiscal year, the corporate authorities, by a | 22 |
| two-thirds vote, may discontinue
any appointed office and | 23 |
| devolve the duties of that office on any other
municipal | 24 |
| officer. After discontinuance, no officer filling the office | 25 |
| before
its discontinuance shall have any claim against the |
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| municipality for salary
alleged to accrue after the date of | 2 |
| discontinuance.
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| (c) Vacancies in all appointed municipal offices may be | 4 |
| filled in the same
manner as appointments are made under | 5 |
| subsection (a). The city council or board
of trustees of a | 6 |
| municipality, by ordinance not inconsistent with this Code,
may | 7 |
| prescribe the duties, define the powers, and fix the term of | 8 |
| office of all
appointed officers of the municipality; but the | 9 |
| term of office, except as
otherwise expressly provided in this | 10 |
| Code, shall not exceed that of the mayor
or president of the | 11 |
| municipality.
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| (d) An appointed officer of a municipality may resign from | 13 |
| his or her
office. If an appointed officer resigns, he or she | 14 |
| shall continue in office
until a successor has been chosen and | 15 |
| has qualified. If there is a failure to
appoint a municipal | 16 |
| officer, or the person appointed fails to qualify, the
person | 17 |
| filling the office shall continue in office until a successor | 18 |
| has been
chosen and has qualified. If an appointed municipal | 19 |
| officer ceases to perform
the duties of or to hold the office | 20 |
| by reason of death, permanent physical or
mental disability, | 21 |
| conviction of a disqualifying crime, or dismissal from or
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| abandonment of office, the mayor or president of the | 23 |
| municipality may appoint a
temporary successor to the officer.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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| (65 ILCS 5/3.1-50-25) (from Ch. 24, par. 3.1-50-25)
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| Sec. 3.1-50-25. Clerk serving as collector. In | 2 |
| municipalities where
the
same person holds the elective or | 3 |
| appointive office of
municipal clerk and the appointive office | 4 |
| of municipal collector, the
corporate authorities may provide | 5 |
| by ordinance for that person to receive
the compensation | 6 |
| provided for each of these offices.
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| (Source: P.A. 87-1119.)
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