Illinois General Assembly - Full Text of HB3444
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Full Text of HB3444  99th General Assembly

HB3444 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3444

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-5  from Ch. 24, par. 3.1-10-5
65 ILCS 5/3.1-10-50

    Amends the Illinois Municipal Code. Eliminates a provision preventing a person from holding municipal office if that person, at any time during the term of office, owes any payment to the municipality or has been convicted of a felony in any court located in the United States. Further provides that in municipalities with a population under 500,000, a vacancy in a municipal office occurs when an official fails to pay a debt owing to the municipality in which he or she is elected after being provided notice. Effective immediately.


LRB099 11144 AWJ 31613 b

 

 

A BILL FOR

 

HB3444LRB099 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 and 3.1-10-50 as follows:
 
6    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
7    Sec. 3.1-10-5. Qualifications; elective office.
8    (a) A person is not eligible for an elective municipal
9office unless that person is a qualified elector of the
10municipality and has resided in the municipality at least one
11year next preceding the election or appointment, except as
12provided in Section 3.1-20-25, subsection (b) of Section
133.1-25-75, Section 5-2-2, or Section 5-2-11.
14    (b) A person is not eligible to take the oath of office for
15a municipal office if that person is, at the time required for
16taking the oath of office, in arrears in the payment of a tax
17or other indebtedness due to the municipality or has been
18convicted in any court located in the United States of any
19infamous crime, bribery, perjury, or other felony.
20    (b-5) (Blank) A person is not eligible to hold a municipal
21office, if that person is, at any time during the term of
22office, in arrears in the payment of a tax or other
23indebtedness due to the municipality or has been convicted in

 

 

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1any court located in the United States of any infamous crime,
2bribery, perjury, or other felony.
3    (c) A person is not eligible for the office of alderman of
4a ward unless that person has resided in the ward that the
5person seeks to represent, and a person is not eligible for the
6office of trustee of a district unless that person has resided
7in the municipality, at least one year next preceding the
8election or appointment, except as provided in Section
93.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
10or Section 5-2-11.
11    (d) If a person (i) is a resident of a municipality
12immediately prior to the active duty military service of that
13person or that person's spouse, (ii) resides anywhere outside
14of the municipality during that active duty military service,
15and (iii) immediately upon completion of that active duty
16military service is again a resident of the municipality, then
17the time during which the person resides outside the
18municipality during the active duty military service is deemed
19to be time during which the person is a resident of the
20municipality for purposes of determining the residency
21requirement under subsection (a).
22(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
 
23    (65 ILCS 5/3.1-10-50)
24    Sec. 3.1-10-50. Events upon which an elective office
25becomes vacant in municipality with population under 500,000.

 

 

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

 

 

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

 

 

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

 

 

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1    officer from holding that office occurs on the date of the
2    return of a guilty verdict or, in the case of a trial by
3    the court, on the entry of a finding of guilt.
4        (3) Election declared void. A vacancy occurs on the
5    date of the decision of a competent tribunal declaring the
6    election of the officer void.
7        (4) Owing a debt to the municipality. A vacancy occurs
8    if a municipal official fails to pay a debt to a
9    municipality in which the official has been elected or
10    appointed to an elected position. In order for this
11    paragraph to apply, the municipal official shall have been
12    delivered by certified mail or personal service a notice
13    that (i) the municipal official in arrears of a debt to a
14    municipality, (ii) that the debt must be paid within 30
15    days after receipt of the notice, (iii) that once the debt
16    is paid, proof of payment must be presented to the
17    municipal clerk that the debt was paid in full, and (iv) if
18    proof of payment is not presented to the municipal clerk,
19    the municipal official will be disqualified and his or her
20    office vacated. For purposes of this paragraph, a municipal
21    official is considered in arrears of a debt to a
22    municipality if a debt is more than 60 days overdue from
23    the date the debt was due.
24    (d) Election of an acting mayor or acting president. The
25election of an acting mayor or acting president pursuant to
26subsection (f) or (g) does not create a vacancy in the original

 

 

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1office of the person on the city council or as a trustee, as
2the case may be, unless the person resigns from the original
3office following election as acting mayor or acting president.
4If the person resigns from the original office following
5election as acting mayor or acting president, then the original
6office must be filled pursuant to the terms of this Section and
7the acting mayor or acting president shall exercise the powers
8of the mayor or president and shall vote and have veto power in
9the manner provided by law for a mayor or president. If the
10person does not resign from the original office following
11election as acting mayor or acting president, then the acting
12mayor or acting president shall exercise the powers of the
13mayor or president but shall be entitled to vote only in the
14manner provided for as the holder of the original office and
15shall not have the power to veto. If the person does not resign
16from the original office following election as acting mayor or
17acting president, and if that person's original term of office
18has not expired when a mayor or president is elected and has
19qualified for office, the acting mayor or acting-president
20shall return to the original office for the remainder of the
21term thereof.
22    (e) Appointment to fill alderman or trustee vacancy. An
23appointment by the mayor or president or acting mayor or acting
24president, as the case may be, of a qualified person as
25described in Section 3.1-10-5 of this Code to fill a vacancy in
26the office of alderman or trustee must be made within 60 days

 

 

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1after the vacancy occurs. Once the appointment of the qualified
2person has been forwarded to the corporate authorities, the
3corporate authorities shall act upon the appointment within 30
4days. If the appointment fails to receive the advice and
5consent of the corporate authorities within 30 days, the mayor
6or president or acting mayor or acting president shall appoint
7and forward to the corporate authorities a second qualified
8person as described in Section 3.1-10-5. Once the appointment
9of the second qualified person has been forwarded to the
10corporate authorities, the corporate authorities shall act
11upon the appointment within 30 days. If the appointment of the
12second qualified person also fails to receive the advice and
13consent of the corporate authorities, then the mayor or
14president or acting mayor or acting president, without the
15advice and consent of the corporate authorities, may make a
16temporary appointment from those persons who were appointed but
17whose appointments failed to receive the advice and consent of
18the corporate authorities. The person receiving the temporary
19appointment shall serve until an appointment has received the
20advice and consent and the appointee has qualified or until a
21person has been elected and has qualified, whichever first
22occurs.
23    (f) Election to fill vacancies in municipal offices with
244-year terms. If a vacancy occurs in an elective municipal
25office with a 4-year term and there remains an unexpired
26portion of the term of at least 28 months, and the vacancy

 

 

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

 

 

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

 

 

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

 

 

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1being declared void pursuant to paragraph (3) of subsection
2(c), persons holding elective office prior thereto shall hold
3office until their successors are elected and qualified or
4appointed and confirmed by advice and consent, as the case may
5be.
6    (i) This Section applies only to municipalities with
7populations under 500,000.
8(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.