093_HB2544

 
                                     LRB093 10984 MKM 11598 b

 1        AN ACT concerning municipalities.

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

 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing Sections  3.1-15-30,  3.1-15-35,  and  3.1-15-40  as
 6    follows:

 7        (65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
 8        Sec. 3.1-15-30.  Minority representation.
 9        (a)  Whenever  the  question  of  incorporation as a city
10    under this Code is submitted for adoption to the electors  of
11    any  territory,  village,  incorporated  town,  or city under
12    special charter, there may be submitted at the same time  for
13    adoption or rejection the question of minority representation
14    in  the  city  council.  The  proposition  shall  be  in  the
15    following form:
16             Shall minority representation in the city council be
17        adopted?
18        (a-5) Whenever the question of incorporation as a village
19    under  this Code is submitted for adoption to the electors of
20    any territory, incorporated town, city, or city under special
21    charter, there may be submitted at the same time for adoption
22    or rejection the question of minority representation  in  the
23    village  board.  The  proposition  shall  be in the following
24    form:
25             Shall minority representation in the  village  board
26        be adopted?
27        (a-10)  Whenever  the  question  of  incorporation  as an
28    incorporated town under this Code is submitted  for  adoption
29    to  the  electors  of  any  territory, village, city, or city
30    under special charter, there may be  submitted  at  the  same
31    time  for  adoption  or  rejection  the  question of minority
 
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 1    representation in the town board.  The proposition  shall  be
 2    in the following form:
 3             Shall  minority  representation in the town board be
 4        adopted?
 5        (b)  If a majority of the votes cast on the  question  at
 6    any  election  are  for  minority  representation in the city
 7    council or board, the members of the city council  or  board,
 8    except  as otherwise provided, thereafter shall be elected as
 9    provided in Section 3.1-15-35.
10        (c)  The city council or board, at least 30  days  before
11    the  first  day  fixed  by  law  for  the filing of candidate
12    petitions for the  next  general  municipal  election,  shall
13    apportion  the  municipality city by dividing its population,
14    as ascertained by an official publication  of  any  national,
15    state,  school,  or local city census, by any number not less
16    than 2 nor more than 17 6. The quotient shall be the ratio of
17    representation in the city council or board. Districts  shall
18    be formed of contiguous and compact territory and contain, as
19    near as practicable, an equal number of inhabitants.
20        (d)  If  a  majority of the votes cast on the question at
21    any election are against minority representation in the  city
22    council  or  board,  the members of the city council or board
23    shall be elected as otherwise provided in this Code.
24        (e)  At any time after the incorporation of any  form  of
25    municipality  a city under this Code, on petition of electors
26    equal in number to one-eighth the number of legal votes  cast
27    at  the  next  preceding general municipal election, the city
28    clerk shall certify the question of the adoption or retention
29    of minority representation to the proper  election  authority
30    for submission to the electors of that municipality city. The
31    proposition  shall  be  in  the same form as provided in this
32    Section, except that the word "retained" shall be substituted
33    for the  word  "adopted"  when  appropriate.  A  question  of
34    minority representation, however, shall not be submitted more
 
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 1    than once within 32 months.
 2        (f)  If  the  city  council  or board of any municipality
 3    city adopting minority representation  as  provided  in  this
 4    Section  has  not  fixed a ratio of representation and formed
 5    the districts by the time specified in  this  Section,  those
 6    acts  may  be done by any later city or village council.  All
 7    official acts done and ordinances passed by a city council or
 8    board elected at large by the electors of a municipality city
 9    that has adopted a minority representation plan shall  be  as
10    valid  and  binding  as if the aldermen had been elected from
11    districts.
12    (Source: P.A. 87-1119.)

13        (65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
14        Sec.  3.1-15-35.  Aldermen  and   board   members   under
15    minority   representation   plan.   Every  district  under  a
16    minority representation plan shall be entitled to 3  aldermen
17    or board members. Aldermen and board members shall hold their
18    offices  for  4  years  and  until their successors have been
19    elected and qualified, except in municipalities  cities  that
20    have  adopted  a  2  year term under Section 3.1-10-65. There
21    shall be elected in each district as many aldermen  or  board
22    members  as  the  district  is  entitled  to. In all of these
23    elections for aldermen or board  members,  each  elector  may
24    cast  as many votes as there are aldermen or board members to
25    be elected in the elector's district, or may  distribute  his
26    or  her  votes,  or  equal  parts  of  the  votes,  among the
27    candidates as the elector sees fit. The candidate highest  in
28    votes  is  elected  if  only  one alderman or board member is
29    elected; the candidates highest and next highest in votes are
30    elected if only 2 aldermen or board members are elected;  and
31    the 3 highest candidates in votes are elected when 3 aldermen
32    or  board  members  are elected. Vacancies shall be filled as
33    provided  in  Sections  3.1-10-50  and  3.1-10-55  by  either
 
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 1    interim election or appointment.  An appointment  to  fill  a
 2    vacancy  shall  be  made  within  60  days  after the vacancy
 3    occurs.  The requirement that an appointment be  made  within
 4    60  days  is an exclusive power and function of the State and
 5    is a denial and limitation  under  Article  VII,  Section  6,
 6    subsection (h) of the Illinois Constitution of the power of a
 7    home rule municipality to require that an appointment be made
 8    within a different period after the vacancy occurs.
 9    (Source: P.A. 87-1052; 87-1119; 88-45.)

10        (65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
11        Sec.   3.1-15-40.  Staggered   elections  under  minority
12    plans. In  all  municipalities  cities  that  adopt  or  have
13    adopted  the minority representation plan for the election of
14    aldermen or board members and have not already staggered  the
15    terms  of  their  aldermen or board members, the city council
16    may  provide  by  ordinance  that  at  any  ensuing   general
17    municipal  election  for municipal city officers the aldermen
18    or board members in every alternate district shall be elected
19    for one term of 2 years and, at the expiration of  that  term
20    of  2  years, for regular terms of 4 years. This Section does
21    not prohibit a municipality city from voting in favor of a  2
22    year  term for municipal city officers as provided in Section
23    3.1-10-65. The provisions of the general election  law  shall
24    govern elections under this Section.
25    (Source: P.A. 87-1119.)