Full Text of HB4888 93rd General Assembly
HB4888 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4888
Introduced 02/04/04, by Kevin Joyce, James D. Brosnahan SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-10-50 |
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65 ILCS 5/3.1-50-5 |
from Ch. 24, par. 3.1-50-5 |
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Amends the Illinois Municipal Code. Provides that, upon a vacancy in the office of village president, the village trustees shall appoint an acting village president from the members of the board of trustees or from among the elected village officers (now, from the members of the board of trustees). Provides that, in a village with a population of less than 5,000, if each member of the board of trustees and each elected village officer (now, each member of the board of trustees) declines or is not approved for appointment, the board of trustees may appoint any other village resident as acting village president. Provides that an acting village president shall receive the salary or other compensation that is fixed by ordinance for the elected village president whose vacancy the acting president was appointed to fill. Effective immediately.
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A BILL FOR
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HB4888 |
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LRB093 19001 MKM 44736 b |
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| AN ACT concerning villages.
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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 3.1-10-50 and 3.1-50-5 as follows:
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| (65 ILCS 5/3.1-10-50)
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| Sec. 3.1-10-50. Vacancies.
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| (a) A municipal officer may resign from office. A vacancy | 9 |
| occurs in an
office by reason of resignation, failure to elect | 10 |
| or qualify (in which case
the incumbent shall remain in office | 11 |
| until the vacancy is filled),
death, permanent physical or | 12 |
| mental disability rendering the person
incapable of performing | 13 |
| the duties of his or her office, conviction of a
disqualifying | 14 |
| crime, abandonment of office, removal from office,
or removal | 15 |
| of residence from the municipality or, in the case of aldermen
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| of a ward or trustees of a district, removal of residence from | 17 |
| the ward or
district, as the case may be.
An admission of guilt | 18 |
| of a criminal offense that would, upon conviction,
disqualify | 19 |
| the municipal officer from holding that office, in the form of | 20 |
| a
written agreement with State or federal prosecutors to plead | 21 |
| guilty to
a felony, bribery, perjury, or other infamous crime | 22 |
| under State or federal
law, shall constitute a resignation from | 23 |
| that office, effective at the time the
plea agreement is made. | 24 |
| For purposes of this Section, a conviction for an
offense that | 25 |
| disqualifies the municipal officer from holding that office | 26 |
| shall
occur on the date of the return of a guilty verdict or, | 27 |
| in the case of a trial
by the court, the entry of a finding of | 28 |
| guilt.
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| (b) If a vacancy occurs in an elective municipal office | 30 |
| with
a 4-year term and there remains an unexpired portion of | 31 |
| the term of at
least 28 months, and the vacancy occurs at least | 32 |
| 130 days before the general
municipal election next scheduled |
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HB4888 |
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LRB093 19001 MKM 44736 b |
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| under the general election law, the vacancy
shall be filled for | 2 |
| the remainder of the term at that general municipal
election. | 3 |
| Whenever an election is held for this purpose, the municipal
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| clerk shall certify the office to be filled and the candidates | 5 |
| for the
office to the proper election authorities as provided | 6 |
| in the general
election law. If the vacancy is in the office of | 7 |
| mayor, the city council
shall elect one of their members acting | 8 |
| mayor; if the vacancy is in the
office of president, the | 9 |
| vacancy shall be filled by the appointment by the trustees of | 10 |
| an acting president from the members of
the board of trustees | 11 |
| or from among the elected village officers .
In villages with a | 12 |
| population of less than 5,000, if each of the members of
the | 13 |
| board of trustees and each elected village officer either | 14 |
| declines the appointment as acting
president or is not approved | 15 |
| for the appointment by a majority vote of the
trustees | 16 |
| presently holding office, then the
board of trustees may | 17 |
| appoint as acting president any other
village resident who is | 18 |
| qualified to hold municipal office.
The acting mayor or acting | 19 |
| president
shall perform the duties and possess all the rights | 20 |
| and powers of the mayor
or president until a successor to fill | 21 |
| the vacancy has been elected and has
qualified. If the vacancy | 22 |
| is in any other elective municipal office, then until
the | 23 |
| office is filled by election, the mayor or president shall | 24 |
| appoint a
qualified person to the office subject to the advice | 25 |
| and consent of the
city council or trustees.
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| (c) In a 2 year term, or if the vacancy occurs later than | 27 |
| the time provided
in subsection (b) in a 4 year term, a vacancy | 28 |
| in the office of mayor shall be
filled by the corporate | 29 |
| authorities electing one of their members acting mayor;
if the | 30 |
| vacancy is in the office of president, the vacancy shall be | 31 |
| filled by
the appointment by the trustees of an acting
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| president from the members of the board of trustees.
In | 33 |
| villages with a population of less than 5,000, if each of the | 34 |
| members of
the board of trustees either declines the | 35 |
| appointment as acting
president or is not approved for the | 36 |
| appointment by a majority vote of the
trustees presently |
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HB4888 |
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LRB093 19001 MKM 44736 b |
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| holding office, then the
board of trustees may appoint as | 2 |
| acting president any other
village resident who is qualified to | 3 |
| hold municipal office.
The acting mayor or
acting president | 4 |
| shall perform the duties and possess all the rights and powers
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| of the mayor or president until a mayor or president is elected | 6 |
| at the next
general municipal election and has qualified. A | 7 |
| vacancy in any elective office
other than mayor or president | 8 |
| shall be filled by appointment by the mayor or
president, with | 9 |
| the advice and consent of the corporate authorities.
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| (d) Municipal officers appointed or elected under this | 11 |
| Section shall
hold office until their successors are elected | 12 |
| and have qualified.
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| (e) An appointment to fill a vacancy in the office of | 14 |
| alderman shall be
made within 60 days after the vacancy occurs. | 15 |
| The requirement that an
appointment be made within 60 days is | 16 |
| an exclusive power and function of the
State and is a denial | 17 |
| and limitation under Article VII, Section 6, subsection
(h) of | 18 |
| the Illinois Constitution of the power of a home rule | 19 |
| municipality to
require that an appointment be made within a | 20 |
| different period after the vacancy
occurs.
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| (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98; | 22 |
| 91-357, eff.
7-29-99.)
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| (65 ILCS 5/3.1-50-5) (from Ch. 24, par. 3.1-50-5)
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| Sec. 3.1-50-5. Establishment. | 25 |
| (a) All municipal officers, except as
otherwise provided, | 26 |
| shall
receive the salary or other compensation that is fixed by | 27 |
| ordinance.
Salaries or other compensation
shall not be | 28 |
| increased or diminished so as to take effect during the term
of | 29 |
| any officer holding an elective office.
The salaries, fees, or | 30 |
| other compensation of any appointed
municipal officer, not | 31 |
| including those appointed to fill vacancies in elective
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| offices, may be increased but not diminished so as to take | 33 |
| effect during
the term for which the officer was appointed. | 34 |
| (b) Notwithstanding any other provision of law to the | 35 |
| contrary, an acting village president shall receive the salary |
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LRB093 19001 MKM 44736 b |
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| or other compensation that is fixed by ordinance for the | 2 |
| elected village president whose vacancy the acting president | 3 |
| was appointed to fill.
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| (Source: P.A. 87-1119.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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