Full Text of HB5981 095th General Assembly
HB5981eng 95TH GENERAL ASSEMBLY
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HB5981 Engrossed |
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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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| 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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| 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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