Illinois General Assembly - Full Text of Public Act 099-0449
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Public Act 099-0449


 

Public Act 0449 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0449
 
HB3444 EnrolledLRB099 11144 AWJ 31613 b

    AN ACT concerning local government.
 
    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 3.1-10-5, 3.1-10-50, and 3.1-10-51 as
follows:
 
    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
    Sec. 3.1-10-5. Qualifications; elective office.
    (a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in Section 3.1-20-25, subsection (b) of Section
3.1-25-75, Section 5-2-2, or Section 5-2-11.
    (b) A person is not eligible to take the oath of office for
a municipal office if that person is, at the time required for
taking the oath of office, in arrears in the payment of a tax
or other indebtedness due to the municipality or has been
convicted in any court located in the United States of any
infamous crime, bribery, perjury, or other felony.
    (b-5) (Blank). A person is not eligible to hold a municipal
office, if that person is, at any time during the term of
office, in arrears in the payment of a tax or other
indebtedness due to the municipality or has been convicted in
any court located in the United States of any infamous crime,
bribery, perjury, or other felony.
    (c) A person is not eligible for the office of alderman of
a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided
in the municipality, at least one year next preceding the
election or appointment, except as provided in Section
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
or Section 5-2-11.
    (d) If a person (i) is a resident of a municipality
immediately prior to the active duty military service of that
person or that person's spouse, (ii) resides anywhere outside
of the municipality during that active duty military service,
and (iii) immediately upon completion of that active duty
military service is again a resident of the municipality, then
the time during which the person resides outside the
municipality during the active duty military service is deemed
to be time during which the person is a resident of the
municipality for purposes of determining the residency
requirement under subsection (a).
(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
 
    (65 ILCS 5/3.1-10-50)
    Sec. 3.1-10-50. Events upon which an elective office
becomes vacant in municipality with population under 500,000.
    (a) Vacancy by resignation. A resignation is not effective
unless it is in writing, signed by the person holding the
elective office, and notarized.
        (1) Unconditional resignation. An unconditional
    resignation by a person holding the elective office may
    specify a future date, not later than 60 days after the
    date the resignation is received by the officer authorized
    to fill the vacancy, at which time it becomes operative,
    but the resignation may not be withdrawn after it is
    received by the officer authorized to fill the vacancy. The
    effective date of a resignation that does not specify a
    future date at which it becomes operative is the date the
    resignation is received by the officer authorized to fill
    the vacancy. The effective date of a resignation that has a
    specified future effective date is that specified future
    date or the date the resignation is received by the officer
    authorized to fill the vacancy, whichever date occurs
    later.
        (2) Conditional resignation. A resignation that does
    not become effective unless a specified event occurs can be
    withdrawn at any time prior to the occurrence of the
    specified event, but if not withdrawn, the effective date
    of the resignation is the date of the occurrence of the
    specified event or the date the resignation is received by
    the officer authorized to fill the vacancy, whichever date
    occurs later.
        (3) Vacancy upon the effective date. For the purpose of
    determining the time period that would require an election
    to fill the vacancy by resignation or the commencement of
    the 60-day time period referred to in subsection (e), the
    resignation of an elected officer is deemed to have created
    a vacancy as of the effective date of the resignation.
        (4) Duty of the clerk. If a resignation is delivered to
    the clerk of the municipality, the clerk shall forward a
    certified copy of the written resignation to the official
    who is authorized to fill the vacancy within 7 business
    days after receipt of the resignation.
    (b) Vacancy by death or disability. A vacancy occurs in an
office by reason of the death of the incumbent. The date of the
death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable of
performing the duties of the office. The corporate authorities
have the authority to make the determination whether an officer
is incapable of performing the duties of the office because of
a permanent physical or mental disability. A finding of mental
disability shall not be made prior to the appointment by a
court of a guardian ad litem for the officer or until a duly
licensed doctor certifies, in writing, that the officer is
mentally impaired to the extent that the officer is unable to
effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the
duties of the office due to permanent physical or mental
disability, that person is removed from the office and the
vacancy of the office occurs on the date of the determination.
    (c) Vacancy by other causes.
        (1) Abandonment and other causes. A vacancy occurs in
    an office by reason of abandonment of office; removal from
    office; or failure to qualify; or more than temporary
    removal of residence from the municipality; or in the case
    of an alderman of a ward or councilman or trustee of a
    district, more than temporary removal of residence from the
    ward or district, as the case may be. The corporate
    authorities have the authority to determine whether a
    vacancy under this subsection has occurred. If the
    corporate authorities determine that a vacancy exists, the
    office is deemed vacant as of the date of that
    determination for all purposes including the calculation
    under subsections (e), (f), and (g).
        (2) Guilty of a criminal offense. An admission of guilt
    of a criminal offense that upon conviction would disqualify
    the municipal officer from holding the office, in the form
    of a written agreement with State or federal prosecutors to
    plead guilty to a felony, bribery, perjury, or other
    infamous crime under State or federal law, constitutes a
    resignation from that office, effective on the date the
    plea agreement is made. For purposes of this Section, a
    conviction for an offense that disqualifies a municipal
    officer from holding that office occurs on the date of the
    return of a guilty verdict or, in the case of a trial by
    the court, on the entry of a finding of guilt.
        (3) Election declared void. A vacancy occurs on the
    date of the decision of a competent tribunal declaring the
    election of the officer void.
        (4) Owing a debt to the municipality. A vacancy occurs
    if a municipal official fails to pay a debt to a
    municipality in which the official has been elected or
    appointed to an elected position subject to the following:
            (A) Before a vacancy may occur under this paragraph
        (4), the municipal clerk shall deliver, by personal
        service, a written notice to the municipal official
        that (i) the municipal official is in arrears of a debt
        to the municipality, (ii) that municipal official must
        either pay or contest the debt within 30 days after
        receipt of the notice or the municipal official will be
        disqualified and his or her office vacated, and (iii)
        if the municipal official chooses to contest the debt,
        the municipal official must provide written notice to
        the municipal clerk of the contesting of the debt. A
        copy of the notice, and the notice to contest, shall
        also be mailed by the municipal clerk to the appointed
        municipal attorney by certified mail. If the municipal
        clerk is the municipal official indebted to the
        municipality, the mayor or president of the
        municipality shall assume the duties of the municipal
        clerk required under this paragraph (4).
            (B) In the event that the municipal official
        chooses to contest the debt, a hearing shall be held
        within 30 days of the municipal clerk's receipt of the
        written notice of contest from the municipal official.
        An appointed municipal hearing officer shall preside
        over the hearing, and shall hear testimony and accept
        evidence relevant to the existence of the debt owed by
        the municipal officer to the municipality.
            (C) Upon the conclusion of the hearing, the hearing
        officer shall make a determination on the basis of the
        evidence presented as to whether or not the municipal
        official is in arrears of a debt to the municipality.
        The determination shall be in writing and shall be
        designated as findings, decision, and order. The
        findings, decision, and order shall include: (i) the
        hearing officer's findings of fact; (ii) a decision of
        whether or not the municipal official is in arrears of
        a debt to the municipality based upon the findings of
        fact; and (iii) an order that either directs the
        municipal official to pay the debt within 30 days or be
        disqualified and his or her office vacated or dismisses
        the matter if a debt owed to the municipality is not
        proved. A copy of the hearing officer's written
        determination shall be served upon the municipal
        official in open proceedings before the hearing
        officer. If the municipal official does not appear for
        receipt of the written determination, the written
        determination shall be deemed to have been served on
        the municipal official on the date when a copy of the
        written determination is personally served on the
        municipal official or on the date when a copy of the
        written determination is deposited in the United
        States mail, postage prepaid, addressed to the
        municipal official at the address on record with the
        municipality.
            (D) A municipal official aggrieved by the
        determination of a hearing officer may secure judicial
        review of such determination in the circuit court of
        the county in which the hearing was held. The municipal
        official seeking judicial review must file a petition
        with the clerk of the court and must serve a copy of
        the petition upon the municipality by registered or
        certified mail within 5 days after service of the
        determination of the hearing officer. The petition
        shall contain a brief statement of the reasons why the
        determination of the hearing officer should be
        reversed. The municipal official shall file proof of
        service with the clerk of the court. No answer to the
        petition need be filed, but the municipality shall
        cause the record of proceedings before the hearing
        officer to be filed with the clerk of the court on or
        before the date of the hearing on the petition or as
        ordered by the court. The court shall set the matter
        for hearing to be held within 30 days after the filing
        of the petition and shall make its decision promptly
        after such hearing.
            (E) If a municipal official chooses to pay the
        debt, or is ordered to pay the debt after the hearing,
        the municipal official must present proof of payment to
        the municipal clerk that the debt was paid in full,
        and, if applicable, within the required time period as
        ordered by a hearing officer or circuit court judge.
            (F) A municipal official will be disqualified and
        his or her office vacated pursuant to this paragraph
        (4) on the later of the following times if the
        municipal official: (i) fails to pay or contest the
        debt within 30 days of the municipal official's receipt
        of the notice of the debt; (ii) fails to pay the debt
        within 30 days after being served with a written
        determination under subparagraph (C) ordering the
        municipal official to pay the debt; or (iii) fails to
        pay the debt within 30 days after being served with a
        decision pursuant to subparagraph (D) upholding a
        hearing officer's determination that the municipal
        officer has failed to pay a debt owed to a
        municipality.
            (G) For purposes of this paragraph, a "debt" shall
        mean an arrearage in a definitely ascertainable and
        quantifiable amount after service of written notice
        thereof, in the payment of any indebtedness due to the
        municipality, which has been adjudicated before a
        tribunal with jurisdiction over the matter. A
        municipal official is considered in arrears of a debt
        to a municipality if a debt is more than 30 days
        overdue from the date the debt was due.
    (d) Election of an acting mayor or acting president. The
election of an acting mayor or acting president pursuant to
subsection (f) or (g) does not create a vacancy in the original
office of the person on the city council or as a trustee, as
the case may be, unless the person resigns from the original
office following election as acting mayor or acting president.
If the person resigns from the original office following
election as acting mayor or acting president, then the original
office must be filled pursuant to the terms of this Section and
the acting mayor or acting president shall exercise the powers
of the mayor or president and shall vote and have veto power in
the manner provided by law for a mayor or president. If the
person does not resign from the original office following
election as acting mayor or acting president, then the acting
mayor or acting president shall exercise the powers of the
mayor or president but shall be entitled to vote only in the
manner provided for as the holder of the original office and
shall not have the power to veto. If the person does not resign
from the original office following election as acting mayor or
acting president, and if that person's original term of office
has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president
shall return to the original office for the remainder of the
term thereof.
    (e) Appointment to fill alderman or trustee vacancy. An
appointment by the mayor or president or acting mayor or acting
president, as the case may be, of a qualified person as
described in Section 3.1-10-5 of this Code to fill a vacancy in
the office of alderman or trustee must be made within 60 days
after the vacancy occurs. Once the appointment of the qualified
person has been forwarded to the corporate authorities, the
corporate authorities shall act upon the appointment within 30
days. If the appointment fails to receive the advice and
consent of the corporate authorities within 30 days, the mayor
or president or acting mayor or acting president shall appoint
and forward to the corporate authorities a second qualified
person as described in Section 3.1-10-5. Once the appointment
of the second qualified person has been forwarded to the
corporate authorities, the corporate authorities shall act
upon the appointment within 30 days. If the appointment of the
second qualified person also fails to receive the advice and
consent of the corporate authorities, then the mayor or
president or acting mayor or acting president, without the
advice and consent of the corporate authorities, may make a
temporary appointment from those persons who were appointed but
whose appointments failed to receive the advice and consent of
the corporate authorities. The person receiving the temporary
appointment shall serve until an appointment has received the
advice and consent and the appointee has qualified or until a
person has been elected and has qualified, whichever first
occurs.
    (f) Election to fill vacancies in municipal offices with
4-year terms. If a vacancy occurs in an elective municipal
office with a 4-year term and there remains an unexpired
portion of the term of at least 28 months, and the vacancy
occurs at least 130 days before the general municipal election
next scheduled under the general election law, then the vacancy
shall be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper election
authorities as provided in the general election law. If a
vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the
general municipal election, then:
        (1) Mayor or president. If the vacancy is in the office
    of mayor or president, the vacancy must be filled by the
    corporate authorities electing one of their members as
    acting mayor or acting president. Except as set forth in
    subsection (d), the acting mayor or acting president shall
    perform the duties and possess all the rights and powers of
    the mayor or president until a mayor or president is
    elected at the next general municipal election and has
    qualified. However, in villages with a population of less
    than 5,000, if each of the trustees either declines the
    election as acting president or is not elected by a
    majority vote of the trustees presently holding office,
    then the trustees may elect, as acting president, any other
    village resident who is qualified to hold municipal office,
    and the acting president shall exercise the powers of the
    president and shall vote and have veto power in the manner
    provided by law for a president.
        (2) Alderman or trustee. If the vacancy is in the
    office of alderman or trustee, the vacancy must be filled
    by the mayor or president or acting mayor or acting
    president, as the case may be, in accordance with
    subsection (e).
        (3) Other elective office. If the vacancy is in any
    elective municipal office other than mayor or president or
    alderman or trustee, the mayor or president or acting mayor
    or acting president, as the case may be, must appoint a
    qualified person to hold the office until the office is
    filled by election, subject to the advice and consent of
    the city council or the board of trustees, as the case may
    be.
    (g) Vacancies in municipal offices with 2-year terms. In
the case of an elective municipal office with a 2-year term, if
the vacancy occurs at least 130 days before the general
municipal election next scheduled under the general election
law, the vacancy shall be filled for the remainder of the term
at that general municipal election. If the vacancy occurs less
than 130 days before the general municipal election, then:
        (1) Mayor or president. If the vacancy is in the office
    of mayor or president, the vacancy must be filled by the
    corporate authorities electing one of their members as
    acting mayor or acting president. Except as set forth in
    subsection (d), the acting mayor or acting president shall
    perform the duties and possess all the rights and powers of
    the mayor or president until a mayor or president is
    elected at the next general municipal election and has
    qualified. However, in villages with a population of less
    than 5,000, if each of the trustees either declines the
    election as acting president or is not elected by a
    majority vote of the trustees presently holding office,
    then the trustees may elect, as acting president, any other
    village resident who is qualified to hold municipal office,
    and the acting president shall exercise the powers of the
    president and shall vote and have veto power in the manner
    provided by law for a president.
        (2) Alderman or trustee. If the vacancy is in the
    office of alderman or trustee, the vacancy must be filled
    by the mayor or president or acting mayor or acting
    president, as the case may be, in accordance with
    subsection (e).
        (3) Other elective office. If the vacancy is in any
    elective municipal office other than mayor or president or
    alderman or trustee, the mayor or president or acting mayor
    or acting president, as the case may be, must appoint a
    qualified person to hold the office until the office is
    filled by election, subject to the advice and consent of
    the city council or the board of trustees, as the case may
    be.
    (h) In cases of vacancies arising by reason of an election
being declared void pursuant to paragraph (3) of subsection
(c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or
appointed and confirmed by advice and consent, as the case may
be.
    (i) This Section applies only to municipalities with
populations under 500,000.
(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
 
    (65 ILCS 5/3.1-10-51)
    Sec. 3.1-10-51. Vacancies in municipalities with a
population of 500,000 or more.
    (a) Events upon which an elective office in a municipality
of 500,000 or more shall become vacant:
        (1) A municipal officer may resign from office. A
    vacancy occurs in an office by reason of resignation,
    failure to elect or qualify (in which case the incumbent
    shall remain in office until the vacancy is filled), death,
    permanent physical or mental disability rendering the
    person incapable of performing the duties of his or her
    office, conviction of a disqualifying crime, abandonment
    of office, removal from office, or removal of residence
    from the municipality or, in the case of an alderman of a
    ward, removal of residence from the ward.
        (2) An admission of guilt of a criminal offense that
    would, upon conviction, disqualify the municipal officer
    from holding that office, in the form of a written
    agreement with State or federal prosecutors to plead guilty
    to a felony, bribery, perjury, or other infamous crime
    under State or federal law, shall constitute a resignation
    from that office, effective at the time the plea agreement
    is made. For purposes of this Section, a conviction for an
    offense that disqualifies the municipal officer from
    holding that office occurs on the date of the return of a
    guilty verdict or, in the case of a trial by the court, the
    entry of a finding of guilt.
        (3) Owing a debt to the municipality. A vacancy occurs
    if a municipal official fails to pay a debt to a
    municipality in which the official has been elected or
    appointed to an elected position subject to the following:
            (A) Before a vacancy may occur under this paragraph
        (3), the municipal clerk shall deliver, by personal
        service, a written notice to the municipal official
        that (i) the municipal official is in arrears of a debt
        to the municipality, (ii) that municipal official must
        either pay or contest the debt within 30 days after
        receipt of the notice or the municipal official will be
        disqualified and his or her office vacated, and (iii)
        if the municipal official chooses to contest the debt,
        the municipal official must provide written notice to
        the municipal clerk of the contesting of the debt. A
        copy of the notice, and the notice to contest, shall
        also be mailed by the municipal clerk to the appointed
        municipal attorney by certified mail. If the municipal
        clerk is the municipal official indebted to the
        municipality, the mayor or president of the
        municipality shall assume the duties of the municipal
        clerk required under this paragraph (3).
            (B) In the event that the municipal official
        chooses to contest the debt, a hearing shall be held
        within 30 days of the municipal clerk's receipt of the
        written notice of contest from the municipal official.
        An appointed municipal hearing officer shall preside
        over the hearing, and shall hear testimony and accept
        evidence relevant to the existence of the debt owed by
        the municipal officer to the municipality.
            (C) Upon the conclusion of the hearing, the hearing
        officer shall make a determination on the basis of the
        evidence presented as to whether or not the municipal
        official is in arrears of a debt to the municipality.
        The determination shall be in writing and shall be
        designated as findings, decision, and order. The
        findings, decision, and order shall include: (i) the
        hearing officer's findings of fact; (ii) a decision of
        whether or not the municipal official is in arrears of
        a debt to the municipality based upon the findings of
        fact; and (iii) an order that either directs the
        municipal official to pay the debt within 30 days or be
        disqualified and his or her office vacated or dismisses
        the matter if a debt owed to the municipality is not
        proved. A copy of the hearing officer's written
        determination shall be served upon the municipal
        official in open proceedings before the hearing
        officer. If the municipal official does not appear for
        receipt of the written determination, the written
        determination shall be deemed to have been served on
        the municipal official on the date when a copy of the
        written determination is personally served on the
        municipal official or on the date when a copy of the
        written determination is deposited in the United
        States mail, postage prepaid, addressed to the
        municipal official at the address on record in the
        files of the municipality.
            (D) A municipal official aggrieved by the
        determination of a hearing officer may secure judicial
        review of such determination in the circuit court of
        the county in which the hearing was held. The municipal
        official seeking judicial review must file a petition
        with the clerk of the court and must serve a copy of
        the petition upon the municipality by registered or
        certified mail within 5 days after service of the
        determination of the hearing officer. The petition
        shall contain a brief statement of the reasons why the
        determination of the hearing officer should be
        reversed. The municipal official shall file proof of
        service with the clerk of the court. No answer to the
        petition need be filed, but the municipality shall
        cause the record of proceedings before the hearing
        officer to be filed with the clerk of the court on or
        before the date of the hearing on the petition or as
        ordered by the court. The court shall set the matter
        for hearing to be held within 30 days after the filing
        of the petition and shall make its decision promptly
        after such hearing.
            (E) If a municipal official chooses to pay the
        debt, or is ordered to pay the debt after the hearing,
        the municipal official must present proof of payment to
        the municipal clerk that the debt was paid in full,
        and, if applicable, within the required time period as
        ordered by a hearing officer.
            (F) A municipal official will be disqualified and
        his or her office vacated pursuant to this paragraph
        (3) on the later of the following times the municipal
        official: (i) fails to pay or contest the debt within
        30 days of the municipal official's receipt of the
        notice of the debt; (ii) fails to pay the debt within
        30 days after being served with a written determination
        under subparagraph (C) ordering the municipal official
        to pay the debt; or (iii) fails to pay the debt within
        30 days after being served with a decision pursuant to
        subparagraph (D) upholding a hearing officer's
        determination that the municipal officer has failed to
        pay a debt owed to a municipality.
            (G) For purposes of this paragraph, a "debt" shall
        mean an arrearage in a definitely ascertainable and
        quantifiable amount after service of written notice
        thereof, in the payment of any indebtedness due to the
        municipality, which has been adjudicated before a
        tribunal with jurisdiction over the matter. A
        municipal official is considered in arrears of a debt
        to a municipality if a debt is more than 30 days
        overdue from the date the debt was due.
    (b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at least
130 days before the general municipal election next scheduled
under the general election law, then the vacancy shall be
filled for the remainder of the term at that general municipal
election. Whenever an election is held for this purpose, the
municipal clerk shall certify the office to be filled and the
candidates for the office to the proper election authorities as
provided in the general election law. If the vacancy is in the
office of mayor, the city council shall elect one of their
members acting mayor. The acting mayor shall perform the duties
and possess all the rights and powers of the mayor until a
successor to fill the vacancy has been elected and has
qualified. If the vacancy is in any other elective municipal
office, then until the office is filled by election, the mayor
shall appoint a qualified person to the office subject to the
advice and consent of the city council.
    (c) If a vacancy occurs later than the time provided in
subsection (b) in a 4-year term, a vacancy in the office of
mayor shall be filled by the corporate authorities electing one
of their members acting mayor. The acting mayor shall perform
the duties and possess all the rights and powers of the mayor
until a mayor is elected at the next general municipal election
and has qualified. A vacancy occurring later than the time
provided in subsection (b) in a 4-year term in any elective
office other than mayor shall be filled by appointment by the
mayor, with the advice and consent of the corporate
authorities.
    (d) A municipal officer appointed or elected under this
Section shall hold office until the officer's successor is
elected and has qualified.
    (e) An appointment to fill a vacancy in the office of
alderman shall be made within 60 days after the vacancy occurs.
The requirement that an appointment be made within 60 days is
an exclusive power and function of the State and is a denial
and limitation under Article VII, Section 6, subsection (h) of
the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
    (f) This Section applies only to municipalities with a
population of 500,000 or more.
(Source: P.A. 95-646, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2015