99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1401

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-65  from Ch. 24, par. 3.1-10-65
65 ILCS 5/3.1-10-75  from Ch. 24, par. 3.1-10-75
65 ILCS 5/3.1-15-40  from Ch. 24, par. 3.1-15-40
65 ILCS 5/3.1-20-22  from Ch. 24, par. 3.1-20-22

    Amends the Illinois Municipal Code. Requires the corporate authorities of a municipality with a population of less than 40,000 to adopt an ordinance staggering the terms of its aldermen or trustees by July 1, 2015. Provides that the staggered terms of aldermen or trustees shall go into effect at the first election after July 1, 2015. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years.


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A BILL FOR

 

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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 3.1-10-65, 3.1-10-75, 3.1-15-40, and
63.1-20-22 as follows:
 
7    (65 ILCS 5/3.1-10-65)  (from Ch. 24, par. 3.1-10-65)
8    Sec. 3.1-10-65. Referendum to reduce terms.
9    (a) Except as otherwise provided in subsection (c), in In
10any municipality of less than 500,000 inhabitants, a
11proposition to reduce the terms of the elective officers of the
12municipality from 4 years to 2 years may be submitted, within
13the discretion of the corporate authorities, to the electors of
14the municipality. The proposition shall also be submitted if a
15petition requesting that action is signed by electors of the
16municipality numbering not less than 10% of the total vote cast
17at the last election for mayor or president of the municipality
18and the petition is filed with the municipal clerk and
19certified in accordance with the general election law. The
20proposition shall be substantially in the following form:
21        Shall the term of the elective officers of (name of
22    municipality) be reduced from 4 years to 2 years?
23    (b) If a majority of the electors voting on the proposition

 

 

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1vote against it, the terms of the officers shall remain 4
2years. If, however, a majority of those voting on the
3proposition vote in favor of it, the officers elected at the
4next regular election for officers in the municipality shall
5hold their offices for a term of 2 years and until their
6successors are elected and have qualified, except in the case
7of trustees and aldermen. In the case of aldermen and trustees:
8(i) at the first election of aldermen or trustees that occurs
9in an odd numbered year following the vote to reduce the length
10of terms, successors to aldermen or trustees whose terms expire
11in that year shall be elected for a term of one year and until
12their successors are elected and have qualified and (ii)
13thereafter, one-half of the aldermen or trustees shall be
14elected each year for terms of 2 years and until their
15successors are elected and have qualified.
16    (c) On or before July 1, 2015, the corporate authorities of
17each municipality with a population of less than 40,000, where
18the length of the terms of aldermen or trustees are 2 years,
19shall adopt an ordinance reflecting the term lengths and
20election cycles set forth as follows: on the date of the next
21election of aldermen and trustees that occurs after July 1,
222015, one alderman shall be elected from each even-numbered
23ward for a term of 2 years and one alderman shall be elected
24from each odd-numbered ward for a term of 4 years. Thereafter,
25their successors shall be elected for terms of 4 years.
26    Notwithstanding the provisions of subsections (a) and (b),

 

 

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1on and after the effective date of this amendatory Act of the
299th General Assembly, no municipality with a population of
3less than 40,000 may reduce the length of terms of the aldermen
4or trustees of the municipality from 4 years to 2 terms by
5referendum or otherwise.
6(Source: P.A. 87-1119.)
 
7    (65 ILCS 5/3.1-10-75)  (from Ch. 24, par. 3.1-10-75)
8    Sec. 3.1-10-75. Referendum to lengthen terms.
9    (a) Except as otherwise provided in subsection (c), in In
10any municipality of less than 500,000 inhabitants that, under
11Section 3.1-10-65, has voted to shorten the terms of elective
12officers, a proposition to lengthen the terms of the elective
13officers of the municipality from 2 years to 4 years may be
14submitted, within the discretion of the corporate authorities,
15to the electors of the municipality. The proposition shall be
16certified by the municipal clerk to the appropriate election
17authorities, who shall submit the proposition at an election in
18accordance with the general election law. The proposition shall
19also be submitted at an election if a petition requesting that
20action is signed by electors of the municipality numbering not
21less than 10% of the total vote cast at the last election for
22mayor or president of the municipality and the petition is
23filed with the municipal clerk. The proposition shall be
24substantially in the following form:
25        Shall the term of the elective officers of (name of

 

 

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1    municipality) be lengthened from 2 years to 4 years?
2    (b) If a majority of the electors voting on the proposition
3vote against it, the terms of the officers shall remain 2
4years. If, however, a majority of those voting on the
5proposition vote in favor of it, the officers elected at the
6next regular election for officers in the municipality shall
7hold their offices for a term of 4 years and until their
8successors are elected and have qualified, except in the case
9of trustees and aldermen. In the case of aldermen and trustees:
10(i) if the first election for aldermen or trustees, after
11approval of the proposition, occurs in an even numbered year,
12the aldermen or trustees elected in that even numbered year
13shall serve for terms of 3 years and until their successors are
14elected and have qualified, the terms for successors to those
15elected at the first even numbered year election shall be 4
16years and until successors are elected and have qualified, the
17aldermen or trustees elected at the first odd numbered year
18election next following the first even numbered year election
19shall serve for terms of 4 years and until successors are
20elected and have qualified, and successors elected after the
21first odd numbered year shall also serve 4 year terms and until
22their successors are elected and have qualified and (ii) if the
23first election for aldermen or trustees, after approval of the
24proposition, occurs in an odd numbered year, the aldermen or
25trustees elected in that odd numbered year shall serve for
26terms of 4 years and until their successors are elected and

 

 

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1have qualified, the terms for successors to those elected at
2the first odd numbered year election shall be for 4 years and
3until successors are elected and have qualified, the aldermen
4or trustees elected at the first even numbered year election
5next following the first odd numbered year election shall serve
6for terms of one year and until their successors are elected
7and have qualified, and the terms for successors to those
8elected at the first odd numbered year election shall be 4
9years and until their successors are elected and have
10qualified.
11    (c) Notwithstanding the provisions of subsections (a) and
12(b), on or before July 1, 2015 the corporate authorities of a
13municipality with a population of less than 40,000 shall adopt
14an ordinance reflecting the term lengths and election cycles
15set forth as follows: beginning with the first election after
16July 1, 2015, one alderman shall be elected from each
17even-numbered ward for a term of 2 years and one alderman shall
18be elected from each odd-numbered ward for a term of 4 years.
19Thereafter, their successors shall be elected for terms of 4
20years.
21(Source: P.A. 87-1119.)
 
22    (65 ILCS 5/3.1-15-40)  (from Ch. 24, par. 3.1-15-40)
23    Sec. 3.1-15-40. Staggered elections under minority plans.
24In municipalities with a population of less than 40,000, the
25corporate authorities shall, by July 1, 2015, provide by

 

 

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1ordinance that that at any ensuing general municipal election
2for city officers the aldermen in every alternate district
3shall be elected for one term of 2 years and, at the expiration
4of that term of 2 years, for regular terms of 4 years. In all
5other cities that adopt or have adopted the minority
6representation plan for the election of aldermen and have not
7already staggered the terms of their aldermen, the city council
8may provide by ordinance that at any ensuing general municipal
9election for city officers the aldermen in every alternate
10district shall be elected for one term of 2 years and, at the
11expiration of that term of 2 years, for regular terms of 4
12years. This Section does not prohibit a city from voting in
13favor of a 2 year term for city officers as provided in Section
143.1-10-65. The provisions of the general election law shall
15govern elections under this Section.
16(Source: P.A. 87-1119.)
 
17    (65 ILCS 5/3.1-20-22)  (from Ch. 24, par. 3.1-20-22)
18    Sec. 3.1-20-22. Aldermen; staggered terms.
19    (a) Except as otherwise provided in subsection (b), in In
20any city of less than 100,000 inhabitants, a proposition to
21stagger the terms of aldermen, with as nearly as possible
22one-half of the aldermen elected every 2 years, shall be
23certified by the city clerk to the proper election authority,
24who shall submit the proposition at an election in accordance
25with the general election law, if a petition requesting that

 

 

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1action is signed by electors of the city numbering at least 10%
2of the total vote cast at the last election for mayor of the
3city and is filed with the city clerk.
4    The ballot shall have printed on it, but not as a part of
5the proposition submitted, the following information for
6voters: one alderman elected from each even-numbered ward shall
7serve a term of 2 years; one alderman elected from each
8odd-numbered ward shall serve a term of 4 years.
9    The proposition shall be substantially in the following
10form:
11        Shall (name of city) adopt a system of staggered terms
12    for aldermen?
13    If a majority of those voting on the proposition vote in
14favor of it, then at the next regular election for aldermen one
15alderman shall be elected from each even-numbered ward for a
16term of 2 years and one alderman shall be elected from each
17odd-numbered ward for a term of 4 years. Thereafter, their
18successors shall be elected for terms of 4 years.
19    (b) In any municipality with a population of less than
2040,000, the corporate authorities of the municipality shall
21adopt an ordinance reflecting the term lengths of aldermen and
22election cycles set forth as follows: beginning with the first
23election after July 1, 2015, one alderman shall be elected from
24each even-numbered ward for a term of 2 years and one alderman
25shall be elected from each odd-numbered ward for a term of 4
26years. Thereafter, their successors shall be elected for terms

 

 

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1of 4 years.
2(Source: P.A. 87-1119.)