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92nd General Assembly

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Public Act 92-0727

SB1635 Enrolled                               LRB9211103BDdvB

    AN ACT concerning municipalities.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Municipal Code is amended by
changing Sections  3.1-20-10  and  3.1-20-20  and  by  adding
Section 3.1-55-25 as follows:

    (65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
    Sec. 3.1-20-10.  Aldermen; number.
    (a)  Except  as otherwise provided in subsections (b) and
(c) of this  Section,  Section  3.1-20-20,  or  as  otherwise
provided  in  the  case  of  aldermen-at-large, the number of
aldermen, when not elected  by  the  minority  representation
plan,  shall  be  as  follows:  in cities not exceeding 3,000
inhabitants, 6 aldermen; exceeding 3,000  but  not  exceeding
15,000,  8  aldermen;  exceeding  15,000  but  not  exceeding
20,000,  10  aldermen;  exceeding  20,000  but  not exceeding
50,000, 14  aldermen;  exceeding  50,000  but  not  exceeding
70,000,  16  aldermen;  exceeding  70,000  but  not exceeding
90,000, 18 aldermen alderman; and from 90,000 to 500,000,  20
aldermen  alderman.  Except as otherwise provided in the case
of aldermen-at-large.  No redistricting shall be required  in
order  to  reduce  the  number of aldermen in order to comply
with this Section.
    (b)  Instead of the  number  of  aldermen  set  forth  in
subsection   (a),   a   municipality   with  15,000  or  more
inhabitants may adopt, either by ordinance or by  resolution,
at  least  180  days  prior  to  the first municipal election
following the  municipality's  receipt  of  the  new  federal
decennial  census  results, the following number of aldermen:
in cities  exceeding  15,000  but  not  exceeding  20,000,  8
aldermen;  exceeding  20,000  but  not  exceeding  50,000, 10
aldermen; exceeding  50,000  but  not  exceeding  70,000,  14
aldermen;  exceeding  70,000  but  not  exceeding  90,000, 16
aldermen; and exceeding 90,000 but not exceeding 500,000,  18
aldermen.
    (c)  Instead  of  the  number  of  aldermen  set forth in
subsection  (a),  a  municipality   with   40,000   or   more
inhabitants  may adopt, either by ordinance or by resolution,
at least 180 days  prior  to  the  first  municipal  election
following  the  municipality's  receipt  of  the  new federal
decennial census results, the following number  of  aldermen:
in  cities  exceeding  40,000  but  not  exceeding 50,000, 16
aldermen.
(Source: P.A. 87-1119; revised 12-04-01.)

    (65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
    Sec. 3.1-20-20.  Aldermen; restrict or reinstate number.
    (a)  In a  city  of  less  than  100,000  inhabitants,  a
proposition to restrict the number of aldermen to one-half of
the  total authorized by Section 3.1-20-10, with one alderman
representing each ward, shall be certified by the city  clerk
to  the  proper  election  authorities,  who shall submit the
proposition at an election in  accordance  with  the  general
election  law, if a petition requesting that action is signed
by electors of the city numbering not less than  10%  of  the
total  vote  cast  at the last election for mayor of the city
and the petition is filed with the city clerk.
    The proposition shall be substantially in  the  following
form:
         Shall (name of city) restrict the number of aldermen
    to  (state  number)  (one-half of the total authorized by
    Section 3.1-20-10 of the Illinois Municipal  Code),  with
    one alderman representing each ward?
    If  a majority of those voting on the proposition vote in
favor of it, all existing aldermanic terms shall expire as of
the date of the next regular aldermanic  election,  at  which
time  a  full complement of aldermen shall be elected for the
full term.
    (b)  In a  city  of  less  than  100,000  inhabitants,  a
proposition  to  restrict  the  number  of  aldermen  to  one
alderman  per ward, with one alderman representing each ward,
plus an additional number  of  aldermen  not  to  exceed  the
number  of wards in the city to be elected at large, shall be
certified  by  the  city  clerk  to   the   proper   election
authorities,  who shall submit the proposition at an election
in accordance with the general election law,  if  a  petition
requesting  that  action  is  signed  by electors of the city
numbering not less than 10% of the total  vote  cast  at  the
last election for mayor of the city and the petition is filed
with the city clerk.
    The  proposition  shall be substantially in the following
form:
         Shall (name of city) restrict the number of aldermen
    to (number), with one alderman  representing  each  ward,
    plus  an  additional  (number)  alderman (aldermen) to be
    elected at large?
    If a majority of those voting on the proposition vote  in
favor of it, all existing aldermanic terms shall expire as of
the  date  of  the next regular aldermanic election, at which
time a full complement of aldermen shall be elected  for  the
full term.
    (c)  In  a  city of less than 100,000 inhabitants where a
proposition under subsection (a) or (b) has been  successful,
a   proposition  to  reinstate  the  number  of  aldermen  in
accordance with Section 3.1-20-10 shall be certified  by  the
city  clerk  to  the  proper  election authorities, who shall
submit the proposition at an election in accordance with  the
general  election  law,  if a petition requesting that action
has been signed by electors of the city  numbering  not  less
than  10%  of  the  total  vote cast at the last election for
mayor of the city and the petition has been  filed  with  the
city clerk.
    The  election  authority  must  submit the proposition in
substantially the following form:
         Shall  (name  of  city)  reinstate  the  number   of
    aldermen  to  (number  of  aldermen  allowed  by  Section
    3.1-20-10)?
The  election  authority  must  record  the votes as "Yes" or
"No".
    If a majority of the electors voting on  the  proposition
vote  in  the  affirmative,  then,  if the restriction in the
number of aldermen has taken effect, all existing  aldermanic
terms  shall  expire  as  of  the  date  of  the next regular
aldermanic election, at  which  time  a  full  complement  of
aldermen  shall  be  elected for the full term and thereafter
terms  shall  be  determined  in  accordance   with   Section
3.1-20-35.
(Source: P.A. 87-1119.)

    (65 ILCS 5/3.1-55-25 new)
    Sec.  3.1-55-25.  Automatic  abandonment  of  a  form  of
municipal   government.  Notwithstanding  the  provisions  of
Sections 4-10-1, 5-5-1, 5-5-1.1, 5-5-2, 5-5-3, 5-5-4,  5-5-5,
and  5-5-6  and  any  other  provisions  of  this  Act,  if a
municipality adopts a different form of municipal  government
under  Article 4, 5, or 6, then its current form of municipal
government is automatically abandoned when the  new  form  of
municipal government takes effect.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly June 01, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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