102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0045

 

Introduced 1/14/2021, by Rep. Katie Stuart

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts and Codes. Changes all statutory references of alderman and aldermen to alderperson and alderpersons. Changes all statutory references of congressman to congressperson. Makes conforming changes.


LRB102 03834 RJF 13848 b

 

 

A BILL FOR

 

HB0045LRB102 03834 RJF 13848 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2, 2A-26, 2A-28, 7-4, 7-10, 10-3, and 23-6.1 as
6follows:
 
7    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
8    Sec. 2A-1.2. Consolidated schedule of elections - offices
9designated.
10    (a) At the general election in the appropriate
11even-numbered years, the following offices shall be filled or
12shall be on the ballot as otherwise required by this Code:
13        (1) Elector of President and Vice President of the
14    United States;
15        (2) United States Senator and United States
16    Representative;
17        (3) State Executive Branch elected officers;
18        (4) State Senator and State Representative;
19        (5) County elected officers, including State's
20    Attorney, County Board member, County Commissioners, and
21    elected President of the County Board or County Chief
22    Executive;
23        (6) Circuit Court Clerk;

 

 

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1        (7) Regional Superintendent of Schools, except in
2    counties or educational service regions in which that
3    office has been abolished;
4        (8) Judges of the Supreme, Appellate and Circuit
5    Courts, on the question of retention, to fill vacancies
6    and newly created judicial offices;
7        (9) (Blank);
8        (10) Trustee of the Metropolitan Water Reclamation
9    Sanitary District of Greater Chicago, and elected Trustee
10    of other Sanitary Districts;
11        (11) Special District elected officers, not otherwise
12    designated in this Section, where the statute creating or
13    authorizing the creation of the district requires an
14    annual election and permits or requires election of
15    candidates of political parties.
16    (b) At the general primary election:
17        (1) in each even-numbered year candidates of political
18    parties shall be nominated for those offices to be filled
19    at the general election in that year, except where
20    pursuant to law nomination of candidates of political
21    parties is made by caucus.
22        (2) in the appropriate even-numbered years the
23    political party offices of State central committeeperson,
24    township committeeperson, ward committeeperson, and
25    precinct committeeperson shall be filled and delegates and
26    alternate delegates to the National nominating conventions

 

 

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1    shall be elected as may be required pursuant to this Code.
2    In the even-numbered years in which a Presidential
3    election is to be held, candidates in the Presidential
4    preference primary shall also be on the ballot.
5        (3) in each even-numbered year, where the municipality
6    has provided for annual elections to elect municipal
7    officers pursuant to Section 6(f) or Section 7 of Article
8    VII of the Constitution, pursuant to the Illinois
9    Municipal Code or pursuant to the municipal charter, the
10    offices of such municipal officers shall be filled at an
11    election held on the date of the general primary election,
12    provided that the municipal election shall be a
13    nonpartisan election where required by the Illinois
14    Municipal Code. For partisan municipal elections in
15    even-numbered years, a primary to nominate candidates for
16    municipal office to be elected at the general primary
17    election shall be held on the Tuesday 6 weeks preceding
18    that election.
19        (4) in each school district which has adopted the
20    provisions of Article 33 of the School Code, successors to
21    the members of the board of education whose terms expire
22    in the year in which the general primary is held shall be
23    elected.
24    (c) At the consolidated election in the appropriate
25odd-numbered years, the following offices shall be filled:
26        (1) Municipal officers, provided that in

 

 

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1    municipalities in which candidates for alderperson
2    alderman or other municipal office are not permitted by
3    law to be candidates of political parties, the runoff
4    election where required by law, or the nonpartisan
5    election where required by law, shall be held on the date
6    of the consolidated election; and provided further, in the
7    case of municipal officers provided for by an ordinance
8    providing the form of government of the municipality
9    pursuant to Section 7 of Article VII of the Constitution,
10    such offices shall be filled by election or by runoff
11    election as may be provided by such ordinance;
12        (2) Village and incorporated town library directors;
13        (3) City boards of stadium commissioners;
14        (4) Commissioners of park districts;
15        (5) Trustees of public library districts;
16        (6) Special District elected officers, not otherwise
17    designated in this Section, where the statute creating or
18    authorizing the creation of the district permits or
19    requires election of candidates of political parties;
20        (7) Township officers, including township park
21    commissioners, township library directors, and boards of
22    managers of community buildings, and Multi-Township
23    Assessors;
24        (8) Highway commissioners and road district clerks;
25        (9) Members of school boards in school districts which
26    adopt Article 33 of the School Code;

 

 

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1        (10) The directors and chair of the Chain O Lakes - Fox
2    River Waterway Management Agency;
3        (11) Forest preserve district commissioners elected
4    under Section 3.5 of the Downstate Forest Preserve
5    District Act;
6        (12) Elected members of school boards, school
7    trustees, directors of boards of school directors,
8    trustees of county boards of school trustees (except in
9    counties or educational service regions having a
10    population of 2,000,000 or more inhabitants) and members
11    of boards of school inspectors, except school boards in
12    school districts that adopt Article 33 of the School Code;
13        (13) Members of Community College district boards;
14        (14) Trustees of Fire Protection Districts;
15        (15) Commissioners of the Springfield Metropolitan
16    Exposition and Auditorium Authority;
17        (16) Elected Trustees of Tuberculosis Sanitarium
18    Districts;
19        (17) Elected Officers of special districts not
20    otherwise designated in this Section for which the law
21    governing those districts does not permit candidates of
22    political parties.
23    (d) At the consolidated primary election in each
24odd-numbered year, candidates of political parties shall be
25nominated for those offices to be filled at the consolidated
26election in that year, except where pursuant to law nomination

 

 

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1of candidates of political parties is made by caucus, and
2except those offices listed in paragraphs (12) through (17) of
3subsection (c).
4    At the consolidated primary election in the appropriate
5odd-numbered years, the mayor, clerk, treasurer, and
6alderpersons aldermen shall be elected in municipalities in
7which candidates for mayor, clerk, treasurer, or alderperson
8alderman are not permitted by law to be candidates of
9political parties, subject to runoff elections to be held at
10the consolidated election as may be required by law, and
11municipal officers shall be nominated in a nonpartisan
12election in municipalities in which pursuant to law candidates
13for such office are not permitted to be candidates of
14political parties.
15    At the consolidated primary election in the appropriate
16odd-numbered years, municipal officers shall be nominated or
17elected, or elected subject to a runoff, as may be provided by
18an ordinance providing a form of government of the
19municipality pursuant to Section 7 of Article VII of the
20Constitution.
21    (e) (Blank).
22    (f) At any election established in Section 2A-1.1, public
23questions may be submitted to voters pursuant to this Code and
24any special election otherwise required or authorized by law
25or by court order may be conducted pursuant to this Code.
26    Notwithstanding the regular dates for election of officers

 

 

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1established in this Article, whenever a referendum is held for
2the establishment of a political subdivision whose officers
3are to be elected, the initial officers shall be elected at the
4election at which such referendum is held if otherwise so
5provided by law. In such cases, the election of the initial
6officers shall be subject to the referendum.
7    Notwithstanding the regular dates for election of
8officials established in this Article, any community college
9district which becomes effective by operation of law pursuant
10to Section 6-6.1 of the Public Community College Act, as now or
11hereafter amended, shall elect the initial district board
12members at the next regularly scheduled election following the
13effective date of the new district.
14    (g) At any election established in Section 2A-1.1, if in
15any precinct there are no offices or public questions required
16to be on the ballot under this Code then no election shall be
17held in the precinct on that date.
18    (h) There may be conducted a referendum in accordance with
19the provisions of Division 6-4 of the Counties Code.
20(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
21    (10 ILCS 5/2A-26)  (from Ch. 46, par. 2A-26)
22    Sec. 2A-26. Chicago Alderpersons Aldermen. Alderpersons
23Aldermen of the City of Chicago shall be elected at the
24consolidated primary election in 1979 and at the consolidated
25primary election every 4 years thereafter. The runoff election

 

 

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1where necessary, pursuant to law, for Chicago alderpersons
2aldermen shall be held at the consolidated election in 1979,
3and every 4 years thereafter.
4(Source: P.A. 80-936.)
 
5    (10 ILCS 5/2A-28)  (from Ch. 46, par. 2A-28)
6    Sec. 2A-28. Cities Generally - Alderpersons Aldermen -
7Time of Election. An alderperson alderman of a city other than
8the City of Chicago shall be elected at the consolidated or
9general primary election in each year to succeed each
10incumbent alderperson alderman whose term ends before the
11following consolidated or general election.
12(Source: P.A. 81-1433.)
 
13    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
14    Sec. 7-4. The following words and phrases in this Article
157 shall, unless the same be inconsistent with the context, be
16construed as follows:
17    1. The word "primary" the primary elections provided for
18in this Article, which are the general primary, the
19consolidated primary, and for those municipalities which have
20annual partisan elections for any officer, the municipal
21primary held 6 weeks prior to the general primary election
22date in even numbered years.
23    2. The definition of terms in Section 1-3 of this Act shall
24apply to this Article.

 

 

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1    3. The word "precinct" a voting district heretofore or
2hereafter established by law within which all qualified
3electors vote at one polling place.
4    4. The words "state office" or "state officer", an office
5to be filled, or an officer to be voted for, by qualified
6electors of the entire state, including United States Senator
7and Congressperson Congressman at large.
8    5. The words "congressional office" or "congressional
9officer", representatives in Congress.
10    6. The words "county office" or "county officer," include
11an office to be filled or an officer to be voted for, by the
12qualified electors of the entire county. "County office" or
13"county officer" also include the assessor and board of
14appeals and county commissioners and president of county board
15of Cook County, and county board members and the chair of the
16county board in counties subject to "An Act relating to the
17composition and election of county boards in certain
18counties", enacted by the 76th General Assembly.
19    7. The words "city office" and "village office," and
20"incorporated town office" or "city officer" and "village
21officer", and "incorporated town officer" an office to be
22filled or an officer to be voted for by the qualified electors
23of the entire municipality, including alderpersons aldermen.
24    8. The words "town office" or "town officer", an office to
25be filled or an officer to be voted for by the qualified
26electors of an entire town.

 

 

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1    9. The words "town" and "incorporated town" shall
2respectively be defined as in Section 1-3 of this Act.
3    10. The words "delegates and alternate delegates to
4National nominating conventions" include all delegates and
5alternate delegates to National nominating conventions whether
6they be elected from the state at large or from congressional
7districts or selected by State convention unless contrary and
8non-inclusive language specifically limits the term to one
9class.
10    11. "Judicial office" means a post held by a judge of the
11Supreme, Appellate or Circuit Court.
12(Source: P.A. 100-1027, eff. 1-1-19.)
 
13    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
14    Sec. 7-10. Form of petition for nomination. The name of no
15candidate for nomination, or State central committeeperson, or
16township committeeperson, or precinct committeeperson, or ward
17committeeperson or candidate for delegate or alternate
18delegate to national nominating conventions, shall be printed
19upon the primary ballot unless a petition for nomination has
20been filed in his behalf as provided in this Article in
21substantially the following form:
22    We, the undersigned, members of and affiliated with the
23.... party and qualified primary electors of the .... party,
24in the .... of ...., in the county of .... and State of
25Illinois, do hereby petition that the following named person

 

 

 

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1or persons shall be a candidate or candidates of the .... party
2for the nomination for (or in case of committeepersons for
3election to) the office or offices hereinafter specified, to
4be voted for at the primary election to be held on (insert
5date).
6    NameOfficeAddress
7John JonesGovernorBelvidere, Ill.
8Jane James Lieutenant Governor Peoria, Ill.
9Thomas SmithAttorney GeneralOakland, Ill.
10Name..................         Address.......................
 
11State of Illinois)
12                 ) ss.
13County of........)
14    I, ...., do hereby certify that I reside at No. ....
15street, in the .... of ...., county of ...., and State of
16....., that I am 18 years of age or older, that I am a citizen
17of the United States, and that the signatures on this sheet
18were signed in my presence, and are genuine, and that to the
19best of my knowledge and belief the persons so signing were at
20the time of signing the petitions qualified voters of the ....
21party, and that their respective residences are correctly
22stated, as above set forth.
23
.........................
24    Subscribed and sworn to before me on (insert date).

 

 

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1
.........................

 
2    Each sheet of the petition other than the statement of
3candidacy and candidate's statement shall be of uniform size
4and shall contain above the space for signatures an
5appropriate heading giving the information as to name of
6candidate or candidates, in whose behalf such petition is
7signed; the office, the political party represented and place
8of residence; and the heading of each sheet shall be the same.
9    Such petition shall be signed by qualified primary
10electors residing in the political division for which the
11nomination is sought in their own proper persons only and
12opposite the signature of each signer, his residence address
13shall be written or printed. The residence address required to
14be written or printed opposite each qualified primary
15elector's name shall include the street address or rural route
16number of the signer, as the case may be, as well as the
17signer's county, and city, village or town, and state. However
18the county or city, village or town, and state of residence of
19the electors may be printed on the petition forms where all of
20the electors signing the petition reside in the same county or
21city, village or town, and state. Standard abbreviations may
22be used in writing the residence address, including street
23number, if any. At the bottom of each sheet of such petition
24shall be added a circulator statement signed by a person 18
25years of age or older who is a citizen of the United States,

 

 

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1stating the street address or rural route number, as the case
2may be, as well as the county, city, village or town, and
3state; and certifying that the signatures on that sheet of the
4petition were signed in his or her presence and certifying
5that the signatures are genuine; and either (1) indicating the
6dates on which that sheet was circulated, or (2) indicating
7the first and last dates on which the sheet was circulated, or
8(3) certifying that none of the signatures on the sheet were
9signed more than 90 days preceding the last day for the filing
10of the petition and certifying that to the best of his or her
11knowledge and belief the persons so signing were at the time of
12signing the petitions qualified voters of the political party
13for which a nomination is sought. Such statement shall be
14sworn to before some officer authorized to administer oaths in
15this State.
16    No petition sheet shall be circulated more than 90 days
17preceding the last day provided in Section 7-12 for the filing
18of such petition.
19    The person circulating the petition, or the candidate on
20whose behalf the petition is circulated, may strike any
21signature from the petition, provided that:
22        (1) the person striking the signature shall initial
23    the petition at the place where the signature is struck;
24    and
25        (2) the person striking the signature shall sign a
26    certification listing the page number and line number of

 

 

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1    each signature struck from the petition. Such
2    certification shall be filed as a part of the petition.
3    Such sheets before being filed shall be neatly fastened
4together in book form, by placing the sheets in a pile and
5fastening them together at one edge in a secure and suitable
6manner, and the sheets shall then be numbered consecutively.
7The sheets shall not be fastened by pasting them together end
8to end, so as to form a continuous strip or roll. All petition
9sheets which are filed with the proper local election
10officials, election authorities or the State Board of
11Elections shall be the original sheets which have been signed
12by the voters and by the circulator thereof, and not
13photocopies or duplicates of such sheets. Each petition must
14include as a part thereof, a statement of candidacy for each of
15the candidates filing, or in whose behalf the petition is
16filed. This statement shall set out the address of such
17candidate, the office for which he is a candidate, shall state
18that the candidate is a qualified primary voter of the party to
19which the petition relates and is qualified for the office
20specified (in the case of a candidate for State's Attorney it
21shall state that the candidate is at the time of filing such
22statement a licensed attorney-at-law of this State), shall
23state that he has filed (or will file before the close of the
24petition filing period) a statement of economic interests as
25required by the Illinois Governmental Ethics Act, shall
26request that the candidate's name be placed upon the official

 

 

 

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1ballot, and shall be subscribed and sworn to by such candidate
2before some officer authorized to take acknowledgment of deeds
3in the State and shall be in substantially the following form:
4
Statement of Candidacy
5NameAddressOfficeDistrictParty
6John Jones102 Main St.GovernorStatewideRepublican
7Belvidere,
8Illinois
9State of Illinois)
10                 ) ss.
11County of .......)
12    I, ...., being first duly sworn, say that I reside at ....
13Street in the city (or village) of ...., in the county of ....,
14State of Illinois; that I am a qualified voter therein and am a
15qualified primary voter of the .... party; that I am a
16candidate for nomination (for election in the case of
17committeeperson and delegates and alternate delegates) to the
18office of .... to be voted upon at the primary election to be
19held on (insert date); that I am legally qualified (including
20being the holder of any license that may be an eligibility
21requirement for the office I seek the nomination for) to hold
22such office and that I have filed (or I will file before the
23close of the petition filing period) a statement of economic
24interests as required by the Illinois Governmental Ethics Act
25and I hereby request that my name be printed upon the official

 

 

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1primary ballot for nomination for (or election to in the case
2of committeepersons and delegates and alternate delegates)
3such office.
4
Signed ......................
5    Subscribed and sworn to (or affirmed) before me by ....,
6who is to me personally known, on (insert date).
7
Signed ....................
8
(Official Character)
9(Seal, if officer has one.)
 
10    The petitions, when filed, shall not be withdrawn or added
11to, and no signatures shall be revoked except by revocation
12filed in writing with the State Board of Elections, election
13authority or local election official with whom the petition is
14required to be filed, and before the filing of such petition.
15Whoever forges the name of a signer upon any petition required
16by this Article is deemed guilty of a forgery and on conviction
17thereof shall be punished accordingly.
18    A candidate for the offices listed in this Section must
19obtain the number of signatures specified in this Section on
20his or her petition for nomination.
21    (a) Statewide office or delegate to a national nominating
22convention. If a candidate seeks to run for statewide office
23or as a delegate or alternate delegate to a national
24nominating convention elected from the State at-large, then
25the candidate's petition for nomination must contain at least

 

 

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15,000 but not more than 10,000 signatures.
2    (b) Congressional office or congressional delegate to a
3national nominating convention. If a candidate seeks to run
4for United States Congress or as a congressional delegate or
5alternate congressional delegate to a national nominating
6convention elected from a congressional district, then the
7candidate's petition for nomination must contain at least the
8number of signatures equal to 0.5% of the qualified primary
9electors of his or her party in his or her congressional
10district. In the first primary election following a
11redistricting of congressional districts, a candidate's
12petition for nomination must contain at least 600 signatures
13of qualified primary electors of the candidate's political
14party in his or her congressional district.
15    (c) County office. If a candidate seeks to run for any
16countywide office, including but not limited to county board
17chairperson or county board member, elected on an at-large
18basis, in a county other than Cook County, then the
19candidate's petition for nomination must contain at least the
20number of signatures equal to 0.5% of the qualified electors
21of his or her party who cast votes at the last preceding
22general election in his or her county. If a candidate seeks to
23run for county board member elected from a county board
24district, then the candidate's petition for nomination must
25contain at least the number of signatures equal to 0.5% of the
26qualified primary electors of his or her party in the county

 

 

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1board district. In the first primary election following a
2redistricting of county board districts or the initial
3establishment of county board districts, a candidate's
4petition for nomination must contain at least the number of
5signatures equal to 0.5% of the qualified electors of his or
6her party in the entire county who cast votes at the last
7preceding general election divided by the total number of
8county board districts comprising the county board; provided
9that in no event shall the number of signatures be less than
1025.
11    (d) County office; Cook County only.
12        (1) If a candidate seeks to run for countywide office
13    in Cook County, then the candidate's petition for
14    nomination must contain at least the number of signatures
15    equal to 0.5% of the qualified electors of his or her party
16    who cast votes at the last preceding general election in
17    Cook County.
18        (2) If a candidate seeks to run for Cook County Board
19    Commissioner, then the candidate's petition for nomination
20    must contain at least the number of signatures equal to
21    0.5% of the qualified primary electors of his or her party
22    in his or her county board district. In the first primary
23    election following a redistricting of Cook County Board of
24    Commissioners districts, a candidate's petition for
25    nomination must contain at least the number of signatures
26    equal to 0.5% of the qualified electors of his or her party

 

 

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1    in the entire county who cast votes at the last preceding
2    general election divided by the total number of county
3    board districts comprising the county board; provided that
4    in no event shall the number of signatures be less than 25.
5        (3) If a candidate seeks to run for Cook County Board
6    of Review Commissioner, which is elected from a district
7    pursuant to subsection (c) of Section 5-5 of the Property
8    Tax Code, then the candidate's petition for nomination
9    must contain at least the number of signatures equal to
10    0.5% of the total number of registered voters in his or her
11    board of review district in the last general election at
12    which a commissioner was regularly scheduled to be elected
13    from that board of review district. In no event shall the
14    number of signatures required be greater than the
15    requisite number for a candidate who seeks countywide
16    office in Cook County under subsection (d)(1) of this
17    Section. In the first primary election following a
18    redistricting of Cook County Board of Review districts, a
19    candidate's petition for nomination must contain at least
20    4,000 signatures or at least the number of signatures
21    required for a countywide candidate in Cook County,
22    whichever is less, of the qualified electors of his or her
23    party in the district.
24    (e) Municipal or township office. If a candidate seeks to
25run for municipal or township office, then the candidate's
26petition for nomination must contain at least the number of

 

 

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1signatures equal to 0.5% of the qualified primary electors of
2his or her party in the municipality or township. If a
3candidate seeks to run for alderperson alderman of a
4municipality, then the candidate's petition for nomination
5must contain at least the number of signatures equal to 0.5% of
6the qualified primary electors of his or her party of the ward.
7In the first primary election following redistricting of
8aldermanic wards or trustee districts of a municipality or the
9initial establishment of wards or districts, a candidate's
10petition for nomination must contain the number of signatures
11equal to at least 0.5% of the total number of votes cast for
12the candidate of that political party who received the highest
13number of votes in the entire municipality at the last regular
14election at which an officer was regularly scheduled to be
15elected from the entire municipality, divided by the number of
16wards or districts. In no event shall the number of signatures
17be less than 25.
18    (f) State central committeeperson. If a candidate seeks to
19run for State central committeeperson, then the candidate's
20petition for nomination must contain at least 100 signatures
21of the primary electors of his or her party of his or her
22congressional district.
23    (g) Sanitary district trustee. If a candidate seeks to run
24for trustee of a sanitary district in which trustees are not
25elected from wards, then the candidate's petition for
26nomination must contain at least the number of signatures

 

 

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1equal to 0.5% of the primary electors of his or her party from
2the sanitary district. If a candidate seeks to run for trustee
3of a sanitary district in which trustees are elected from
4wards, then the candidate's petition for nomination must
5contain at least the number of signatures equal to 0.5% of the
6primary electors of his or her party in the ward of that
7sanitary district. In the first primary election following
8redistricting of sanitary districts elected from wards, a
9candidate's petition for nomination must contain at least the
10signatures of 150 qualified primary electors of his or her
11ward of that sanitary district.
12    (h) Judicial office. If a candidate seeks to run for
13judicial office in a district, then the candidate's petition
14for nomination must contain the number of signatures equal to
150.4% of the number of votes cast in that district for the
16candidate for his or her political party for the office of
17Governor at the last general election at which a Governor was
18elected, but in no event less than 500 signatures. If a
19candidate seeks to run for judicial office in a circuit or
20subcircuit, then the candidate's petition for nomination must
21contain the number of signatures equal to 0.25% of the number
22of votes cast for the judicial candidate of his or her
23political party who received the highest number of votes at
24the last general election at which a judicial officer from the
25same circuit or subcircuit was regularly scheduled to be
26elected, but in no event less than 1,000 signatures in

 

 

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1circuits and subcircuits located in the First Judicial
2District or 500 signatures in every other Judicial District.
3    (i) Precinct, ward, and township committeeperson. If a
4candidate seeks to run for precinct committeeperson, then the
5candidate's petition for nomination must contain at least 10
6signatures of the primary electors of his or her party for the
7precinct. If a candidate seeks to run for ward
8committeeperson, then the candidate's petition for nomination
9must contain no less than the number of signatures equal to 10%
10of the primary electors of his or her party of the ward, but no
11more than 16% of those same electors; provided that the
12maximum number of signatures may be 50 more than the minimum
13number, whichever is greater. If a candidate seeks to run for
14township committeeperson, then the candidate's petition for
15nomination must contain no less than the number of signatures
16equal to 5% of the primary electors of his or her party of the
17township, but no more than 8% of those same electors; provided
18that the maximum number of signatures may be 50 more than the
19minimum number, whichever is greater.
20    (j) State's attorney or regional superintendent of schools
21for multiple counties. If a candidate seeks to run for State's
22attorney or regional Superintendent of Schools who serves more
23than one county, then the candidate's petition for nomination
24must contain at least the number of signatures equal to 0.5% of
25the primary electors of his or her party in the territory
26comprising the counties.

 

 

HB0045- 23 -LRB102 03834 RJF 13848 b

1    (k) Any other office. If a candidate seeks any other
2office, then the candidate's petition for nomination must
3contain at least the number of signatures equal to 0.5% of the
4registered voters of the political subdivision, district, or
5division for which the nomination is made or 25 signatures,
6whichever is greater.
7    For purposes of this Section the number of primary
8electors shall be determined by taking the total vote cast, in
9the applicable district, for the candidate for that political
10party who received the highest number of votes, statewide, at
11the last general election in the State at which electors for
12President of the United States were elected. For political
13subdivisions, the number of primary electors shall be
14determined by taking the total vote cast for the candidate for
15that political party who received the highest number of votes
16in the political subdivision at the last regular election at
17which an officer was regularly scheduled to be elected from
18that subdivision. For wards or districts of political
19subdivisions, the number of primary electors shall be
20determined by taking the total vote cast for the candidate for
21that political party who received the highest number of votes
22in the ward or district at the last regular election at which
23an officer was regularly scheduled to be elected from that
24ward or district.
25    A "qualified primary elector" of a party may not sign
26petitions for or be a candidate in the primary of more than one

 

 

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1party.
2    The changes made to this Section of this amendatory Act of
3the 93rd General Assembly are declarative of existing law,
4except for item (3) of subsection (d).
5    Petitions of candidates for nomination for offices herein
6specified, to be filed with the same officer, may contain the
7names of 2 or more candidates of the same political party for
8the same or different offices. In the case of the offices of
9Governor and Lieutenant Governor, a joint petition including
10one candidate for each of those offices must be filed.
11(Source: P.A. 100-1027, eff. 1-1-19.)
 
12    (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
13    Sec. 10-3. Nomination of independent candidates (not
14candidates of any political party), for any office to be
15filled by the voters of the State at large may also be made by
16nomination papers signed in the aggregate for each candidate
17by 1% of the number of voters who voted in the next preceding
18Statewide general election or 25,000 qualified voters of the
19State, whichever is less. Nominations of independent
20candidates for public office within any district or political
21subdivision less than the State, may be made by nomination
22papers signed in the aggregate for each candidate by qualified
23voters of such district, or political subdivision, equaling
24not less than 5%, nor more than 8% (or 50 more than the
25minimum, whichever is greater) of the number of persons, who

 

 

HB0045- 25 -LRB102 03834 RJF 13848 b

1voted at the next preceding regular election in such district
2or political subdivision in which such district or political
3subdivision voted as a unit for the election of officers to
4serve its respective territorial area. However, whenever the
5minimum signature requirement for an independent candidate
6petition for a district or political subdivision office shall
7exceed the minimum number of signatures for an independent
8candidate petition for an office to be filled by the voters of
9the State at large at the next preceding State-wide general
10election, such State-wide petition signature requirement shall
11be the minimum for an independent candidate petition for such
12district or political subdivision office. For the first
13election following a redistricting of congressional districts,
14nomination papers for an independent candidate for
15congressperson congressman shall be signed by at least 5,000
16qualified voters of the congressional district. For the first
17election following a redistricting of legislative districts,
18nomination papers for an independent candidate for State
19Senator in the General Assembly shall be signed by at least
203,000 qualified voters of the legislative district. For the
21first election following a redistricting of representative
22districts, nomination papers for an independent candidate for
23State Representative in the General Assembly shall be signed
24by at least 1,500 qualified voters of the representative
25district. For the first election following redistricting of
26county board districts, or of municipal wards or districts, or

 

 

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1for the first election following the initial establishment of
2such districts or wards in a county or municipality,
3nomination papers for an independent candidate for county
4board member, or for alderperson alderman or trustee of such
5municipality, shall be signed by qualified voters of the
6district or ward equal to not less than 5% nor more than 8% (or
750 more than the minimum, whichever is greater) of the total
8number of votes cast at the preceding general or general
9municipal election, as the case may be, for the county or
10municipal office voted on throughout such county or
11municipality for which the greatest total number of votes were
12cast for all candidates, divided by the number of districts or
13wards, but in any event not less than 25 qualified voters of
14the district or ward. Each voter signing a nomination paper
15shall add to his signature his place of residence, and each
16voter may subscribe to one nomination for such office to be
17filled, and no more: Provided that the name of any candidate
18whose name may appear in any other place upon the ballot shall
19not be so added by petition for the same office.
20    The person circulating the petition, or the candidate on
21whose behalf the petition is circulated, may strike any
22signature from the petition, provided that;
23        (1) the person striking the signature shall initial
24    the petition at the place where the signature is struck;
25    and
26        (2) the person striking the signature shall sign a

 

 

HB0045- 27 -LRB102 03834 RJF 13848 b

1    certification listing the page number and line number of
2    each signature struck from the petition. Such
3    certification shall be filed as a part of the petition.
4        (3) the persons striking signatures from the petition
5    shall each sign an additional certificate specifying the
6    number of certification pages listing stricken signatures
7    which are attached to the petition and the page numbers
8    indicated on such certifications. The certificate shall be
9    filed as a part of the petition, shall be numbered, and
10    shall be attached immediately following the last page of
11    voters' signatures and before the certifications of
12    stricken signatures.
13        (4) all of the foregoing requirements shall be
14    necessary to effect a valid striking of any signature. The
15    provisions of this Section authorizing the striking of
16    signatures shall not impose any criminal liability on any
17    person so authorized for signatures which may be
18    fraudulent.
19    In the case of the offices of Governor and Lieutenant
20Governor a joint petition including one candidate for each of
21those offices must be filed.
22    A candidate for whom a nomination paper has been filed as a
23partisan candidate at a primary election, and who is defeated
24for his or her nomination at the primary election, is
25ineligible to be placed on the ballot as an independent
26candidate for election in that general or consolidated

 

 

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1election.
2    A candidate seeking election to an office for which
3candidates of political parties are nominated by caucus who is
4a participant in the caucus and who is defeated for his or her
5nomination at such caucus, is ineligible to be listed on the
6ballot at that general or consolidated election as an
7independent candidate.
8(Source: P.A. 95-699, eff. 11-9-07.)
 
9    (10 ILCS 5/23-6.1)  (from Ch. 46, par. 23-6.1)
10    Sec. 23-6.1. Whenever an election contest for a municipal
11trustee or alderperson alderman is brought involving ballots
12from the same precincts which are subject to the jurisdiction
13of the circuit court by virtue of the pendency of an election
14contest for another office, the municipal council or board of
15trustees having jurisdiction of the municipal election contest
16shall have priority of access and possession of the ballots
17and other election materials for the purpose of conducting a
18recount or other related proceedings for a period of 30 days
19following the commencement of the municipal election contest.
20The election authority shall notify the court and the
21municipal council or board of the pendency of all other
22contests relating to the same precincts.
23(Source: P.A. 90-655, eff. 7-30-98.)
 
24    Section 10. The Illinois Pension Code is amended by

 

 

HB0045- 29 -LRB102 03834 RJF 13848 b

1changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and
28-243.2 as follows:
 
3    (40 ILCS 5/6-230)
4    Sec. 6-230. Participation by an alderperson alderman or
5member of city council.
6    (a) A person shall be a member under this Article if he or
7she (1) is or was employed and receiving a salary as a fireman
8under item (a) of Section 6-106, (2) has at least 5 years of
9service under this Article, (3) is employed in a position
10covered under Section 8-243, (4) made an election under
11Article 8 to not receive service credit or be a participant
12under that Article, and (5) made an election to participate
13under this Article.
14    (b) For the purposes of determining employee and employer
15contributions under this Article, the employee and employer
16shall be responsible for any and all contributions otherwise
17required if the person was employed and receiving salary as a
18fireman under item (a) of Section 6-106.
19(Source: P.A. 100-1144, eff. 11-28-18.)
 
20    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
21    Sec. 7-109. Employee.
22    (1) "Employee" means any person who:
23        (a) 1. Receives earnings as payment for the
24    performance of personal services or official duties out of

 

 

HB0045- 30 -LRB102 03834 RJF 13848 b

1    the general fund of a municipality, or out of any special
2    fund or funds controlled by a municipality, or by an
3    instrumentality thereof, or a participating
4    instrumentality, including, in counties, the fees or
5    earnings of any county fee office; and
6        2. Under the usual common law rules applicable in
7    determining the employer-employee relationship, has the
8    status of an employee with a municipality, or any
9    instrumentality thereof, or a participating
10    instrumentality, including alderpersons aldermen, county
11    supervisors and other persons (excepting those employed as
12    independent contractors) who are paid compensation, fees,
13    allowances or other emolument for official duties, and, in
14    counties, the several county fee offices.
15        (b) Serves as a township treasurer appointed under the
16    School Code, as heretofore or hereafter amended, and who
17    receives for such services regular compensation as
18    distinguished from per diem compensation, and any regular
19    employee in the office of any township treasurer whether
20    or not his earnings are paid from the income of the
21    permanent township fund or from funds subject to
22    distribution to the several school districts and parts of
23    school districts as provided in the School Code, or from
24    both such sources; or is the chief executive officer,
25    chief educational officer, chief fiscal officer, or other
26    employee of a Financial Oversight Panel established

 

 

HB0045- 31 -LRB102 03834 RJF 13848 b

1    pursuant to Article 1H of the School Code, other than a
2    superintendent or certified school business official,
3    except that such person shall not be treated as an
4    employee under this Section if that person has negotiated
5    with the Financial Oversight Panel, in conjunction with
6    the school district, a contractual agreement for exclusion
7    from this Section.
8        (c) Holds an elective office in a municipality,
9    instrumentality thereof or participating instrumentality.
10    (2) "Employee" does not include persons who:
11        (a) Are eligible for inclusion under any of the
12    following laws:
13            1. "An Act in relation to an Illinois State
14        Teachers' Pension and Retirement Fund", approved May
15        27, 1915, as amended;
16            2. Articles 15 and 16 of this Code.
17        However, such persons shall be included as employees
18    to the extent of earnings that are not eligible for
19    inclusion under the foregoing laws for services not of an
20    instructional nature of any kind.
21        However, any member of the armed forces who is
22    employed as a teacher of subjects in the Reserve Officers
23    Training Corps of any school and who is not certified
24    under the law governing the certification of teachers
25    shall be included as an employee.
26        (b) Are designated by the governing body of a

 

 

HB0045- 32 -LRB102 03834 RJF 13848 b

1    municipality in which a pension fund is required by law to
2    be established for policemen or firemen, respectively, as
3    performing police or fire protection duties, except that
4    when such persons are the heads of the police or fire
5    department and are not eligible to be included within any
6    such pension fund, they shall be included within this
7    Article; provided, that such persons shall not be excluded
8    to the extent of concurrent service and earnings not
9    designated as being for police or fire protection duties.
10    However, (i) any head of a police department who was a
11    participant under this Article immediately before October
12    1, 1977 and did not elect, under Section 3-109 of this Act,
13    to participate in a police pension fund shall be an
14    "employee", and (ii) any chief of police who became a
15    participating employee under this Article before January
16    1, 2019 and who elects to participate in this Fund under
17    Section 3-109.1 of this Code, regardless of whether such
18    person continues to be employed as chief of police or is
19    employed in some other rank or capacity within the police
20    department, shall be an employee under this Article for so
21    long as such person is employed to perform police duties
22    by a participating municipality and has not lawfully
23    rescinded that election.
24        (b-5) Were not participating employees under this
25    Article before the effective date of this amendatory Act
26    of the 100th General Assembly and participated as a chief

 

 

HB0045- 33 -LRB102 03834 RJF 13848 b

1    of police in a fund under Article 3 and return to work in
2    any capacity with the police department, with any
3    oversight of the police department, or in an advisory
4    capacity for the police department with the same
5    municipality with which that pension was earned,
6    regardless of whether they are considered an employee of
7    the police department or are eligible for inclusion in the
8    municipality's Article 3 fund.
9        (c) Are contributors to or eligible to contribute to a
10    Taft-Hartley pension plan to which the participating
11    municipality is required to contribute as the person's
12    employer based on earnings from the municipality. Nothing
13    in this paragraph shall affect service credit or
14    creditable service for any period of service prior to the
15    effective date of this amendatory Act of the 98th General
16    Assembly, and this paragraph shall not apply to
17    individuals who are participating in the Fund prior to the
18    effective date of this amendatory Act of the 98th General
19    Assembly.
20        (d) Become an employee of any of the following
21    participating instrumentalities on or after the effective
22    date of this amendatory Act of the 99th General Assembly:
23    the Illinois Municipal League; the Illinois Association of
24    Park Districts; the Illinois Supervisors, County
25    Commissioners and Superintendents of Highways Association;
26    an association, or not-for-profit corporation, membership

 

 

HB0045- 34 -LRB102 03834 RJF 13848 b

1    in which is authorized under Section 85-15 of the Township
2    Code; the United Counties Council; or the Will County
3    Governmental League.
4    (3) All persons, including, without limitation, public
5defenders and probation officers, who receive earnings from
6general or special funds of a county for performance of
7personal services or official duties within the territorial
8limits of the county, are employees of the county (unless
9excluded by subsection (2) of this Section) notwithstanding
10that they may be appointed by and are subject to the direction
11of a person or persons other than a county board or a county
12officer. It is hereby established that an employer-employee
13relationship under the usual common law rules exists between
14such employees and the county paying their salaries by reason
15of the fact that the county boards fix their rates of
16compensation, appropriate funds for payment of their earnings
17and otherwise exercise control over them. This finding and
18this amendatory Act shall apply to all such employees from the
19date of appointment whether such date is prior to or after the
20effective date of this amendatory Act and is intended to
21clarify existing law pertaining to their status as
22participating employees in the Fund.
23(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
24100-1097, eff. 8-26-18.)
 
25    (40 ILCS 5/8-113)  (from Ch. 108 1/2, par. 8-113)

 

 

HB0045- 35 -LRB102 03834 RJF 13848 b

1    Sec. 8-113. Municipal employee, employee, contributor, or
2participant. "Municipal employee", "employee", "contributor",
3or "participant":
4    (a) Any employee of an employer employed in the classified
5civil service thereof other than by temporary appointment or
6in a position excluded or exempt from the classified service
7by the Civil Service Act, or in the case of a city operating
8under a personnel ordinance, any employee of an employer
9employed in the classified or career service under the
10provisions of a personnel ordinance, other than in a
11provisional or exempt position as specified in such ordinance
12or in rules and regulations formulated thereunder.
13    (b) Any employee in the service of an employer before the
14Civil Service Act came in effect for the employer.
15    (c) Any person employed by the board.
16    (d) Any person employed after December 31, 1949, but prior
17to January 1, 1984, in the service of the employer by temporary
18appointment or in a position exempt from the classified
19service as set forth in the Civil Service Act, or in a
20provisional or exempt position as specified in the personnel
21ordinance, who meets the following qualifications:
22        (1) has rendered service during not less than 12
23    calendar months to an employer as an employee, officer, or
24    official, 4 months of which must have been consecutive
25    full normal working months of service rendered immediately
26    prior to filing application to be included; and

 

 

HB0045- 36 -LRB102 03834 RJF 13848 b

1        (2) files written application with the board, while in
2    the service, to be included hereunder.
3    (e) After December 31, 1949, any alderperson alderman or
4other officer or official of the employer, who files, while in
5office, written application with the board to be included
6hereunder.
7    (f) Beginning January 1, 1984, any person employed by an
8employer other than the Chicago Housing Authority or the
9Public Building Commission of the city, whether or not such
10person is serving by temporary appointment or in a position
11exempt from the classified service as set forth in the Civil
12Service Act, or in a provisional or exempt position as
13specified in the personnel ordinance, provided that such
14person is neither (1) an alderperson alderman or other officer
15or official of the employer, nor (2) participating, on the
16basis of such employment, in any other pension fund or
17retirement system established under this Act.
18    (g) After December 31, 1959, any person employed in the
19law department of the city, or municipal court or Board of
20Election Commissioners of the city, who was a contributor and
21participant, on December 31, 1959, in the annuity and benefit
22fund in operation in the city on said date, by virtue of the
23Court and Law Department Employees' Annuity Act or the Board
24of Election Commissioners Employees' Annuity Act.
25    After December 31, 1959, the foregoing definition includes
26any other person employed or to be employed in the law

 

 

HB0045- 37 -LRB102 03834 RJF 13848 b

1department, or municipal court (other than as a judge), or
2Board of Election Commissioners (if his salary is provided by
3appropriation of the city council of the city and his salary
4paid by the city) -- subject, however, in the case of such
5persons not participants on December 31, 1959, to compliance
6with the same qualifications and restrictions otherwise set
7forth in this Section and made generally applicable to
8employees or officers of the city concerning eligibility for
9participation or membership.
10    Notwithstanding any other provision in this Section, any
11person who first becomes employed in the law department of the
12city on or after the effective date of this amendatory Act of
13the 100th General Assembly shall be included within the
14foregoing definition, effective upon the date the person first
15becomes so employed, regardless of the nature of the
16appointment the person holds under the provisions of a
17personnel ordinance.
18    (h) After December 31, 1965, any person employed in the
19public library of the city -- and any other person -- who was a
20contributor and participant, on December 31, 1965, in the
21pension fund in operation in the city on said date, by virtue
22of the Public Library Employees' Pension Act.
23    (i) After December 31, 1968, any person employed in the
24house of correction of the city, who was a contributor and
25participant, on December 31, 1968, in the pension fund in
26operation in the city on said date, by virtue of the House of

 

 

HB0045- 38 -LRB102 03834 RJF 13848 b

1Correction Employees' Pension Act.
2    (j) Any person employed full-time on or after the
3effective date of this amendatory Act of the 92nd General
4Assembly by the Chicago Housing Authority who has elected to
5participate in this Fund as provided in subsection (a) of
6Section 8-230.9.
7    (k) Any person employed full-time by the Public Building
8Commission of the city who has elected to participate in this
9Fund as provided in subsection (d) of Section 8-230.7.
10(Source: P.A. 100-23, eff. 7-6-17.)
 
11    (40 ILCS 5/8-232)  (from Ch. 108 1/2, par. 8-232)
12    Sec. 8-232. Basis of service credit.
13    (a) In computing the period of service of any employee for
14the minimum annuity under Section 8-138, the following
15provisions shall govern:
16        (1) All periods prior to the effective date shall be
17    computed in accordance with the provisions of Section
18    8-226, except for a re-entrant or future entrant who was
19    not in service on the day before the effective date.
20        (2) Service subsequent to the day before the effective
21    date, shall include: the actual period of time the
22    employee performs the duties of his position and makes
23    required contributions or performs such duties and is
24    given a city contribution for age and service annuity
25    purposes; leaves of absence from duty, or vacation, for

 

 

HB0045- 39 -LRB102 03834 RJF 13848 b

1    which an employee receives all or part of his salary;
2    periods included under item (c) of Section 8-226; periods
3    during which the employee is temporarily assigned to
4    another position in the service and permitted to make
5    contributions to the fund; periods during which the
6    employee has had contributions for annuity purposes made
7    for him in accordance with law while on military leave of
8    absence during World War II; periods during which the
9    employee receives disability benefit under this Article,
10    or a temporary total disability benefit under the Workers'
11    Compensation Act if the disability results from a
12    condition commonly termed heart attack or stroke or any
13    other condition falling within the broad field of coronary
14    involvement or heart disease;
15        (3) Service during 6 or more months in any year shall
16    constitute a year of service, and service of less than 6
17    months but at least 1 month in any year shall constitute a
18    half year of service. However the right to have certain
19    periods of time considered as service as stated in
20    paragraph 2 of Section 8-168 or in Section 8-243 relating
21    to service as Alderperson Alderman shall not apply for
22    minimum annuity purposes under Section 8-138 of this
23    Article.
24    (b) For all other purposes of this Article, the following
25schedule shall govern the computation of service of an
26employee whose salary or wages is on the basis stated, and any

 

 

HB0045- 40 -LRB102 03834 RJF 13848 b

1fractional part of a year of service shall be determined
2according to said schedule:
3    Annual or Monthly basis: Service during 4 months in any 1
4calendar year shall constitute a year of service.
5    Weekly basis: Service during any week shall constitute a
6week of service and service during any 17 weeks in any 1
7calendar year shall constitute a year of service.
8    Daily basis: Service during any day shall constitute a day
9of service and service during 100 days in any 1 calendar year
10shall constitute a year of service.
11    Hourly basis: Service during any hour shall constitute an
12hour of service and service during 700 hours in any 1 calendar
13year shall constitute a year of service.
14(Source: P.A. 85-964; 86-1488.)
 
15    (40 ILCS 5/8-243)  (from Ch. 108 1/2, par. 8-243)
16    Sec. 8-243. Service as alderperson alderman or member of
17city council. Whenever any person has served or hereafter
18serves as a duly elected alderperson alderman or member of the
19city council of any city of more than 500,000 inhabitants and
20is or hereafter becomes a contributing participant in any
21pension fund or any annuity and benefit fund in existence in
22such city by operation of law, the period of service as such
23alderperson alderman or member of the city council shall be
24counted as a period of service in computing any annuity or
25pension which such person may become entitled to receive from

 

 

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1such fund upon separation from the service, except as ruled
2out for minimum annuity purposes in Section 8-232(a)(3).
3(Source: Laws 1963, p. 161.)
 
4    (40 ILCS 5/8-243.2)  (from Ch. 108 1/2, par. 8-243.2)
5    Sec. 8-243.2. Alternative annuity for city officers.
6    (a) For the purposes of this Section and Sections 8-243.1
7and 8-243.3, "city officer" means the city clerk, the city
8treasurer, or an alderperson alderman of the city elected by
9vote of the people, while serving in that capacity or as
10provided in subsection (f), who has elected to participate in
11the Fund.
12    (b) Any elected city officer, while serving in that
13capacity or as provided in subsection (f), may elect to
14establish alternative credits for an alternative annuity by
15electing in writing to make additional optional contributions
16in accordance with this Section and the procedures established
17by the board. Such elected city officer may discontinue making
18the additional optional contributions by notifying the Fund in
19writing in accordance with this Section and procedures
20established by the board.
21    Additional optional contributions for the alternative
22annuity shall be as follows:
23        (1) For service after the option is elected, an
24    additional contribution of 3% of salary shall be
25    contributed to the Fund on the same basis and under the

 

 

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1    same conditions as contributions required under Sections
2    8-174 and 8-182.
3        (2) For service before the option is elected, an
4    additional contribution of 3% of the salary for the
5    applicable period of service, plus interest at the
6    effective rate from the date of service to the date of
7    payment. All payments for past service must be paid in
8    full before credit is given. No additional optional
9    contributions may be made for any period of service for
10    which credit has been previously forfeited by acceptance
11    of a refund, unless the refund is repaid in full with
12    interest at the effective rate from the date of refund to
13    the date of repayment.
14    (c) In lieu of the retirement annuity otherwise payable
15under this Article, any city officer elected by vote of the
16people who (1) has elected to participate in the Fund and make
17additional optional contributions in accordance with this
18Section, and (2) has attained age 55 with at least 10 years of
19service credit, or has attained age 60 with at least 8 years of
20service credit, may elect to have his retirement annuity
21computed as follows: 3% of the participant's salary at the
22time of termination of service for each of the first 8 years of
23service credit, plus 4% of such salary for each of the next 4
24years of service credit, plus 5% of such salary for each year
25of service credit in excess of 12 years, subject to a maximum
26of 80% of such salary. To the extent such elected city officer

 

 

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1has made additional optional contributions with respect to
2only a portion of his years of service credit, his retirement
3annuity will first be determined in accordance with this
4Section to the extent such additional optional contributions
5were made, and then in accordance with the remaining Sections
6of this Article to the extent of years of service credit with
7respect to which additional optional contributions were not
8made.
9    (d) In lieu of the disability benefits otherwise payable
10under this Article, any city officer elected by vote of the
11people who (1) has elected to participate in the Fund, and (2)
12has become permanently disabled and as a consequence is unable
13to perform the duties of his office, and (3) was making
14optional contributions in accordance with this Section at the
15time the disability was incurred, may elect to receive a
16disability annuity calculated in accordance with the formula
17in subsection (c). For the purposes of this subsection, such
18elected city officer shall be considered permanently disabled
19only if: (i) disability occurs while in service as an elected
20city officer and is of such a nature as to prevent him from
21reasonably performing the duties of his office at the time;
22and (ii) the board has received a written certification by at
23least 2 licensed physicians appointed by it stating that such
24officer is disabled and that the disability is likely to be
25permanent.
26    (e) Refunds of additional optional contributions shall be

 

 

HB0045- 44 -LRB102 03834 RJF 13848 b

1made on the same basis and under the same conditions as
2provided under Sections 8-168, 8-170 and 8-171. Interest shall
3be credited at the effective rate on the same basis and under
4the same conditions as for other contributions. Optional
5contributions shall be accounted for in a separate Elected
6City Officer Optional Contribution Reserve. Optional
7contributions under this Section shall be included in the
8amount of employee contributions used to compute the tax levy
9under Section 8-173.
10    (f) The effective date of this plan of optional
11alternative benefits and contributions shall be July 1, 1990,
12or the date upon which approval is received from the U.S.
13Internal Revenue Service, whichever is later.
14    The plan of optional alternative benefits and
15contributions shall not be available to any former city
16officer or employee receiving an annuity from the Fund on the
17effective date of the plan, unless he re-enters service as an
18elected city officer and renders at least 3 years of
19additional service after the date of re-entry. However, a
20person who holds office as a city officer on June 1, 1995 may
21elect to participate in the plan, to transfer credits into the
22Fund from other Articles of this Code, and to make the
23contributions required for prior service, until 30 days after
24the effective date of this amendatory Act of the 92nd General
25Assembly, notwithstanding the ending of his term of office
26prior to that effective date; in the event that the person is

 

 

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1already receiving an annuity from this Fund or any other
2Article of this Code at the time of making this election, the
3annuity shall be recalculated to include any increase
4resulting from participation in the plan, with such increase
5taking effect on the effective date of the election.
6    (g) Notwithstanding any other provision in this Section or
7in this Code to the contrary, any person who first becomes a
8city officer, as defined in this Section, on or after the
9effective date of this amendatory Act of the 100th General
10Assembly, shall not be eligible for the alternative annuity or
11alternative disability benefits as provided in subsections
12(a), (b), (c), and (d) of this Section or for the alternative
13survivor's benefits as provided in Section 8-243.3. Such
14person shall not be eligible, or be required, to make any
15additional contributions beyond those required of other
16participants under Sections 8-137, 8-174, and 8-182. The
17retirement annuity, disability benefits, and survivor's
18benefits for a person who first becomes a city officer on or
19after the effective date of this amendatory Act of the 100th
20General Assembly shall be determined pursuant to the
21provisions otherwise provided in this Article.
22(Source: P.A. 100-23, eff. 7-6-17.)
 
23    Section 15. The Public Officer Prohibited Activities Act
24is amended by changing Sections 1, 1.3, 2, and 4 as follows:
 

 

 

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1    (50 ILCS 105/1)  (from Ch. 102, par. 1)
2    Sec. 1. County board. No member of a county board, during
3the term of office for which he or she is elected, may be
4appointed to, accept, or hold any office other than (i)
5chairman of the county board or member of the regional
6planning commission by appointment or election of the board of
7which he or she is a member, (ii) alderperson alderman of a
8city or member of the board of trustees of a village or
9incorporated town if the city, village, or incorporated town
10has fewer than 1,000 inhabitants and is located in a county
11having fewer than 50,000 inhabitants, or (iii) trustee of a
12forest preserve district created under Section 18.5 of the
13Conservation District Act, unless he or she first resigns from
14the office of county board member or unless the holding of
15another office is authorized by law. Any such prohibited
16appointment or election is void. This Section shall not
17preclude a member of the county board from being appointed or
18selected to serve as (i) a member of a County Extension Board
19as provided in Section 7 of the County Cooperative Extension
20Law, (ii) a member of an Emergency Telephone System Board as
21provided in Section 15.4 of the Emergency Telephone System
22Act, (iii) a member of the board of review as provided in
23Section 6-30 of the Property Tax Code, or (iv) a public
24administrator or public guardian as provided in Section 13-1
25of the Probate Act of 1975. Nothing in this Act shall be
26construed to prohibit an elected county official from holding

 

 

HB0045- 47 -LRB102 03834 RJF 13848 b

1elected office in another unit of local government so long as
2there is no contractual relationship between the county and
3the other unit of local government. This amendatory Act of
41995 is declarative of existing law and is not a new enactment.
5(Source: P.A. 100-290, eff. 8-24-17.)
 
6    (50 ILCS 105/1.3)
7    Sec. 1.3. Municipal board member; education office. In a
8city, village, or incorporated town with fewer than 2,500
9inhabitants, an alderperson alderman of the city or a member
10of the board of trustees of a village or incorporated town,
11during the term of office for which he or she is elected, may
12also hold the office of member of the board of education,
13regional board of school trustees, board of school directors,
14or board of school inspectors.
15(Source: P.A. 91-161, eff. 7-16-99.)
 
16    (50 ILCS 105/2)  (from Ch. 102, par. 2)
17    Sec. 2. No alderperson alderman of any city, or member of
18the board of trustees of any village, during the term of office
19for which he or she is elected, may accept, be appointed to, or
20hold any office by the appointment of the mayor or president of
21the board of trustees, unless the alderperson alderman or
22board member is granted a leave of absence from such office, or
23unless he or she first resigns from the office of alderperson
24alderman or member of the board of trustees, or unless the

 

 

HB0045- 48 -LRB102 03834 RJF 13848 b

1holding of another office is authorized by law. The
2alderperson alderman or board member may, however, serve as a
3volunteer fireman and receive compensation for that service.
4The alderperson alderman may also serve as a commissioner of
5the Beardstown Regional Flood Prevention District board. Any
6appointment in violation of this Section is void. Nothing in
7this Act shall be construed to prohibit an elected municipal
8official from holding elected office in another unit of local
9government as long as there is no contractual relationship
10between the municipality and the other unit of local
11government. This amendatory Act of 1995 is declarative of
12existing law and is not a new enactment.
13(Source: P.A. 97-309, eff. 8-11-11.)
 
14    (50 ILCS 105/4)  (from Ch. 102, par. 4)
15    Sec. 4. Any alderperson alderman, member of a board of
16trustees, supervisor or county commissioner, or other person
17holding any office, either by election or appointment under
18the laws or constitution of this state, who violates any
19provision of the preceding sections, is guilty of a Class 4
20felony and in addition thereto, any office or official
21position held by any person so convicted shall become vacant,
22and shall be so declared as part of the judgment of court. This
23Section does not apply to a violation of subsection (b) of
24Section 2a.
25(Source: P.A. 100-868, eff. 1-1-19.)
 

 

 

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1    Section 20. The Counties Code is amended by changing
2Section 3-14036 as follows:
 
3    (55 ILCS 5/3-14036)  (from Ch. 34, par. 3-14036)
4    Sec. 3-14036. Payments of political contributions to
5public officers prohibited. No officer or employee in the
6classified civil service of said county, or named in Section
73-14022, shall directly or indirectly, give or hand over to
8any officer or employee, or to any senator or representative
9or alderperson alderman, councilman, or commissioner, any
10money or other valuable thing on account of or to be applied to
11the promotion of any party or political object whatever.
12(Source: P.A. 86-976.)
 
13    Section 25. The Illinois Municipal Code is amended by
14changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30,
153.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75,
163.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35,
173.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22,
183.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45,
193.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10,
203.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40,
213.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2,
224-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5,
235-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1,

 

 

HB0045- 50 -LRB102 03834 RJF 13848 b

15-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7,
25-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5,
36-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1,
47-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30,
510-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5,
611-91-1, and 11-101-2 as follows:
 
7    (65 ILCS 5/1-1-2)  (from Ch. 24, par. 1-1-2)
8    Sec. 1-1-2. Definitions. In this Code:
9    (1) "Municipal" or "municipality" means a city, village,
10or incorporated town in the State of Illinois, but, unless the
11context otherwise provides, "municipal" or "municipality" does
12not include a township, town when used as the equivalent of a
13township, incorporated town that has superseded a civil
14township, county, school district, park district, sanitary
15district, or any other similar governmental district. If
16"municipal" or "municipality" is given a different definition
17in any particular Division or Section of this Act, that
18definition shall control in that division or Section only.
19    (2) "Corporate authorities" means (a) the mayor and
20alderpersons aldermen or similar body when the reference is to
21cities, (b) the president and trustees or similar body when
22the reference is to villages or incorporated towns, and (c)
23the council when the reference is to municipalities under the
24commission form of municipal government.
25    (3) "Electors" means persons qualified to vote for

 

 

HB0045- 51 -LRB102 03834 RJF 13848 b

1elective officers at municipal elections.
2    (4) "Person" means any individual, partnership,
3corporation, joint stock association, or the State of Illinois
4or any subdivision of the State; and includes any trustee,
5receiver, assignee, or personal representative of any of those
6entities.
7    (5) Except as otherwise provided by ordinance, "fiscal
8year" in all municipalities with fewer than 500,000
9inhabitants, and "municipal year" in all municipalities, means
10the period elapsing (a) between general municipal elections in
11succeeding calendar years, or (b) if general municipal
12elections are held biennially, then between a general
13municipal election and the same day of the same month of the
14following calendar year, and between that day and the next
15succeeding general municipal election, or (c) if general
16municipal elections are held quadrennially, then between a
17general municipal election and the same day of the same month
18of the following calendar year, and between that day and the
19same day of the same month of the next following calendar year,
20and between the last mentioned day and the same day of the same
21month of the next following calendar year, and between the
22last mentioned day and the next succeeding general municipal
23election. The fiscal year of each municipality with 500,000 or
24more inhabitants shall commence on January 1.
25    (6) Where reference is made to a county within which a
26municipality, district, area, or territory is situated, the

 

 

HB0045- 52 -LRB102 03834 RJF 13848 b

1reference is to the county within which is situated the major
2part of the area of that municipality, district, area, or
3territory, in case the municipality, district, area, or
4territory is situated in 2 or more counties.
5    (7) Where reference is made for any purpose to any other
6Act, either specifically or generally, the reference shall be
7to that Act and to all amendments to that Act now in force or
8that may be hereafter enacted.
9    (8) Wherever the words "city council", "alderpersons
10aldermen", "commissioners", or "mayor" occur, the provisions
11containing these words shall apply to the board of trustees,
12trustees, and president, respectively, of villages and
13incorporated towns and councilmen in cities, so far as those
14provisions are applicable to them.
15    (9) The terms "special charter" and "special Act" are
16synonymous.
17    (10) "General municipal election" means the biennial
18regularly scheduled election for the election of officers of
19cities, villages, and incorporated towns, as prescribed by the
20general election law; in the case of municipalities that elect
21officers annually, "general municipal election" means each
22regularly scheduled election for the election of officers of
23cities, villages, and incorporated towns.
24(Source: P.A. 87-1119.)
 
25    (65 ILCS 5/2-2-9)  (from Ch. 24, par. 2-2-9)

 

 

HB0045- 53 -LRB102 03834 RJF 13848 b

1    Sec. 2-2-9. The election for city officers in any
2incorporated town or village which has voted to incorporate as
3a city shall be held at the time of the next regularly
4scheduled election for officers, in accordance with the
5general election law. The corporate authorities of such
6incorporated town or village shall cause the result to be
7entered upon the records of the city. Alderpersons Aldermen
8may be elected on a general ticket at the election.
9(Source: P.A. 81-1490.)
 
10    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
11    Sec. 3.1-10-5. Qualifications; elective office.
12    (a) A person is not eligible for an elective municipal
13office unless that person is a qualified elector of the
14municipality and has resided in the municipality at least one
15year next preceding the election or appointment, except as
16provided in Section 3.1-20-25, subsection (b) of Section
173.1-25-75, Section 5-2-2, or Section 5-2-11.
18    (b) A person is not eligible to take the oath of office for
19a municipal office if that person is, at the time required for
20taking the oath of office, in arrears in the payment of a tax
21or other indebtedness due to the municipality or has been
22convicted in any court located in the United States of any
23infamous crime, bribery, perjury, or other felony.
24    (b-5) (Blank).
25    (c) A person is not eligible for the office of alderperson

 

 

HB0045- 54 -LRB102 03834 RJF 13848 b

1alderman of a ward unless that person has resided in the ward
2that the person seeks to represent, and a person is not
3eligible for the office of trustee of a district unless that
4person has resided in the municipality, at least one year next
5preceding the election or appointment, except as provided in
6Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
7Section 5-2-2, or Section 5-2-11.
8    (d) If a person (i) is a resident of a municipality
9immediately prior to the active duty military service of that
10person or that person's spouse, (ii) resides anywhere outside
11of the municipality during that active duty military service,
12and (iii) immediately upon completion of that active duty
13military service is again a resident of the municipality, then
14the time during which the person resides outside the
15municipality during the active duty military service is deemed
16to be time during which the person is a resident of the
17municipality for purposes of determining the residency
18requirement under subsection (a).
19(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
 
20    (65 ILCS 5/3.1-10-30)  (from Ch. 24, par. 3.1-10-30)
21    Sec. 3.1-10-30. Bond. Before entering upon the duties of
22their respective offices, all municipal officers, except
23alderpersons aldermen and trustees, shall execute a bond with
24security, to be approved by the corporate authorities. The
25bond shall be payable to the municipality in the penal sum

 

 

HB0045- 55 -LRB102 03834 RJF 13848 b

1directed by resolution or ordinance, conditioned upon the
2faithful performance of the duties of the office and the
3payment of all money received by the officer, according to law
4and the ordinances of that municipality. The bond may provide
5that the obligation of the sureties shall not extend to any
6loss sustained by the insolvency, failure, or closing of any
7bank or savings and loan association organized and operating
8either under the laws of the State of Illinois or the United
9States in which the officer has placed funds in the officer's
10custody, if the bank or savings and loan association has been
11approved by the corporate authorities as a depository for
12those funds. In no case, however, shall the mayor's bond be
13fixed at less than $3,000. The treasurer's bond shall be an
14amount of money that is not less than 3 times the latest
15Federal census population or any subsequent census figure used
16for Motor Fuel Tax purposes. Bonds shall be filed with the
17municipal clerk, except the bond of the clerk, which shall be
18filed with the municipal treasurer.
19(Source: P.A. 87-1119.)
 
20    (65 ILCS 5/3.1-10-50)
21    Sec. 3.1-10-50. Events upon which an elective office
22becomes vacant in municipality with population under 500,000.
23    (a) Vacancy by resignation. A resignation is not effective
24unless it is in writing, signed by the person holding the
25elective office, and notarized.

 

 

HB0045- 56 -LRB102 03834 RJF 13848 b

1        (1) Unconditional resignation. An unconditional
2    resignation by a person holding the elective office may
3    specify a future date, not later than 60 days after the
4    date the resignation is received by the officer authorized
5    to fill the vacancy, at which time it becomes operative,
6    but the resignation may not be withdrawn after it is
7    received by the officer authorized to fill the vacancy.
8    The effective date of a resignation that does not specify
9    a future date at which it becomes operative is the date the
10    resignation is received by the officer authorized to fill
11    the vacancy. The effective date of a resignation that has
12    a specified future effective date is that specified future
13    date or the date the resignation is received by the
14    officer authorized to fill the vacancy, whichever date
15    occurs later.
16        (2) Conditional resignation. A resignation that does
17    not become effective unless a specified event occurs can
18    be withdrawn at any time prior to the occurrence of the
19    specified event, but if not withdrawn, the effective date
20    of the resignation is the date of the occurrence of the
21    specified event or the date the resignation is received by
22    the officer authorized to fill the vacancy, whichever date
23    occurs later.
24        (3) Vacancy upon the effective date. For the purpose
25    of determining the time period that would require an
26    election to fill the vacancy by resignation or the

 

 

HB0045- 57 -LRB102 03834 RJF 13848 b

1    commencement of the 60-day time period referred to in
2    subsection (e), the resignation of an elected officer is
3    deemed to have created a vacancy as of the effective date
4    of the resignation.
5        (4) Duty of the clerk. If a resignation is delivered
6    to the clerk of the municipality, the clerk shall forward
7    a certified copy of the written resignation to the
8    official who is authorized to fill the vacancy within 7
9    business days after receipt of the resignation.
10    (b) Vacancy by death or disability. A vacancy occurs in an
11office by reason of the death of the incumbent. The date of the
12death may be established by the date shown on the death
13certificate. A vacancy occurs in an office by permanent
14physical or mental disability rendering the person incapable
15of performing the duties of the office. The corporate
16authorities have the authority to make the determination
17whether an officer is incapable of performing the duties of
18the office because of a permanent physical or mental
19disability. A finding of mental disability shall not be made
20prior to the appointment by a court of a guardian ad litem for
21the officer or until a duly licensed doctor certifies, in
22writing, that the officer is mentally impaired to the extent
23that the officer is unable to effectively perform the duties
24of the office. If the corporate authorities find that an
25officer is incapable of performing the duties of the office
26due to permanent physical or mental disability, that person is

 

 

HB0045- 58 -LRB102 03834 RJF 13848 b

1removed from the office and the vacancy of the office occurs on
2the date of the determination.
3    (c) Vacancy by other causes.
4        (1) Abandonment and other causes. A vacancy occurs in
5    an office by reason of abandonment of office; removal from
6    office; or failure to qualify; or more than temporary
7    removal of residence from the municipality; or in the case
8    of an alderperson alderman of a ward or councilman or
9    trustee of a district, more than temporary removal of
10    residence from the ward or district, as the case may be.
11    The corporate authorities have the authority to determine
12    whether a vacancy under this subsection has occurred. If
13    the corporate authorities determine that a vacancy exists,
14    the office is deemed vacant as of the date of that
15    determination for all purposes including the calculation
16    under subsections (e), (f), and (g).
17        (2) Guilty of a criminal offense. An admission of
18    guilt of a criminal offense that upon conviction would
19    disqualify the municipal officer from holding the office,
20    in the form of a written agreement with State or federal
21    prosecutors to plead guilty to a felony, bribery, perjury,
22    or other infamous crime under State or federal law,
23    constitutes a resignation from that office, effective on
24    the date the plea agreement is made. For purposes of this
25    Section, a conviction for an offense that disqualifies a
26    municipal officer from holding that office occurs on the

 

 

HB0045- 59 -LRB102 03834 RJF 13848 b

1    date of the return of a guilty verdict or, in the case of a
2    trial by the court, on the entry of a finding of guilt.
3        (3) Election declared void. A vacancy occurs on the
4    date of the decision of a competent tribunal declaring the
5    election of the officer void.
6        (4) Owing a debt to the municipality. A vacancy occurs
7    if a municipal official fails to pay a debt to a
8    municipality in which the official has been elected or
9    appointed to an elected position subject to the following:
10            (A) Before a vacancy may occur under this
11        paragraph (4), the municipal clerk shall deliver, by
12        personal service, a written notice to the municipal
13        official that (i) the municipal official is in arrears
14        of a debt to the municipality, (ii) that municipal
15        official must either pay or contest the debt within 30
16        days after receipt of the notice or the municipal
17        official will be disqualified and his or her office
18        vacated, and (iii) if the municipal official chooses
19        to contest the debt, the municipal official must
20        provide written notice to the municipal clerk of the
21        contesting of the debt. A copy of the notice, and the
22        notice to contest, shall also be mailed by the
23        municipal clerk to the appointed municipal attorney by
24        certified mail. If the municipal clerk is the
25        municipal official indebted to the municipality, the
26        mayor or president of the municipality shall assume

 

 

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1        the duties of the municipal clerk required under this
2        paragraph (4).
3            (B) In the event that the municipal official
4        chooses to contest the debt, a hearing shall be held
5        within 30 days of the municipal clerk's receipt of the
6        written notice of contest from the municipal official.
7        An appointed municipal hearing officer shall preside
8        over the hearing, and shall hear testimony and accept
9        evidence relevant to the existence of the debt owed by
10        the municipal officer to the municipality.
11            (C) Upon the conclusion of the hearing, the
12        hearing officer shall make a determination on the
13        basis of the evidence presented as to whether or not
14        the municipal official is in arrears of a debt to the
15        municipality. The determination shall be in writing
16        and shall be designated as findings, decision, and
17        order. The findings, decision, and order shall
18        include: (i) the hearing officer's findings of fact;
19        (ii) a decision of whether or not the municipal
20        official is in arrears of a debt to the municipality
21        based upon the findings of fact; and (iii) an order
22        that either directs the municipal official to pay the
23        debt within 30 days or be disqualified and his or her
24        office vacated or dismisses the matter if a debt owed
25        to the municipality is not proved. A copy of the
26        hearing officer's written determination shall be

 

 

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1        served upon the municipal official in open proceedings
2        before the hearing officer. If the municipal official
3        does not appear for receipt of the written
4        determination, the written determination shall be
5        deemed to have been served on the municipal official
6        on the date when a copy of the written determination is
7        personally served on the municipal official or on the
8        date when a copy of the written determination is
9        deposited in the United States mail, postage prepaid,
10        addressed to the municipal official at the address on
11        record with the municipality.
12            (D) A municipal official aggrieved by the
13        determination of a hearing officer may secure judicial
14        review of such determination in the circuit court of
15        the county in which the hearing was held. The
16        municipal official seeking judicial review must file a
17        petition with the clerk of the court and must serve a
18        copy of the petition upon the municipality by
19        registered or certified mail within 5 days after
20        service of the determination of the hearing officer.
21        The petition shall contain a brief statement of the
22        reasons why the determination of the hearing officer
23        should be reversed. The municipal official shall file
24        proof of service with the clerk of the court. No answer
25        to the petition need be filed, but the municipality
26        shall cause the record of proceedings before the

 

 

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1        hearing officer to be filed with the clerk of the court
2        on or before the date of the hearing on the petition or
3        as ordered by the court. The court shall set the matter
4        for hearing to be held within 30 days after the filing
5        of the petition and shall make its decision promptly
6        after such hearing.
7            (E) If a municipal official chooses to pay the
8        debt, or is ordered to pay the debt after the hearing,
9        the municipal official must present proof of payment
10        to the municipal clerk that the debt was paid in full,
11        and, if applicable, within the required time period as
12        ordered by a hearing officer or circuit court judge.
13            (F) A municipal official will be disqualified and
14        his or her office vacated pursuant to this paragraph
15        (4) on the later of the following times if the
16        municipal official: (i) fails to pay or contest the
17        debt within 30 days of the municipal official's
18        receipt of the notice of the debt; (ii) fails to pay
19        the debt within 30 days after being served with a
20        written determination under subparagraph (C) ordering
21        the municipal official to pay the debt; or (iii) fails
22        to pay the debt within 30 days after being served with
23        a decision pursuant to subparagraph (D) upholding a
24        hearing officer's determination that the municipal
25        officer has failed to pay a debt owed to a
26        municipality.

 

 

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1            (G) For purposes of this paragraph, a "debt" shall
2        mean an arrearage in a definitely ascertainable and
3        quantifiable amount after service of written notice
4        thereof, in the payment of any indebtedness due to the
5        municipality, which has been adjudicated before a
6        tribunal with jurisdiction over the matter. A
7        municipal official is considered in arrears of a debt
8        to a municipality if a debt is more than 30 days
9        overdue from the date the debt was due.
10    (d) Election of an acting mayor or acting president. The
11election of an acting mayor or acting president pursuant to
12subsection (f) or (g) does not create a vacancy in the original
13office of the person on the city council or as a trustee, as
14the case may be, unless the person resigns from the original
15office following election as acting mayor or acting president.
16If the person resigns from the original office following
17election as acting mayor or acting president, then the
18original office must be filled pursuant to the terms of this
19Section and the acting mayor or acting president shall
20exercise the powers of the mayor or president and shall vote
21and have veto power in the manner provided by law for a mayor
22or president. If the person does not resign from the original
23office following election as acting mayor or acting president,
24then the acting mayor or acting president shall exercise the
25powers of the mayor or president but shall be entitled to vote
26only in the manner provided for as the holder of the original

 

 

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1office and shall not have the power to veto. If the person does
2not resign from the original office following election as
3acting mayor or acting president, and if that person's
4original term of office has not expired when a mayor or
5president is elected and has qualified for office, the acting
6mayor or acting-president shall return to the original office
7for the remainder of the term thereof.
8    (e) Appointment to fill alderperson alderman or trustee
9vacancy. An appointment by the mayor or president or acting
10mayor or acting president, as the case may be, of a qualified
11person as described in Section 3.1-10-5 of this Code to fill a
12vacancy in the office of alderperson alderman or trustee must
13be made within 60 days after the vacancy occurs. Once the
14appointment of the qualified person has been forwarded to the
15corporate authorities, the corporate authorities shall act
16upon the appointment within 30 days. If the appointment fails
17to receive the advice and consent of the corporate authorities
18within 30 days, the mayor or president or acting mayor or
19acting president shall appoint and forward to the corporate
20authorities a second qualified person as described in Section
213.1-10-5. Once the appointment of the second qualified person
22has been forwarded to the corporate authorities, the corporate
23authorities shall act upon the appointment within 30 days. If
24the appointment of the second qualified person also fails to
25receive the advice and consent of the corporate authorities,
26then the mayor or president or acting mayor or acting

 

 

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1president, without the advice and consent of the corporate
2authorities, may make a temporary appointment from those
3persons who were appointed but whose appointments failed to
4receive the advice and consent of the corporate authorities.
5The person receiving the temporary appointment shall serve
6until an appointment has received the advice and consent and
7the appointee has qualified or until a person has been elected
8and has qualified, whichever first occurs.
9    (f) Election to fill vacancies in municipal offices with
104-year terms. If a vacancy occurs in an elective municipal
11office with a 4-year term and there remains an unexpired
12portion of the term of at least 28 months, and the vacancy
13occurs at least 130 days before the general municipal election
14next scheduled under the general election law, then the
15vacancy shall be filled for the remainder of the term at that
16general municipal election. Whenever an election is held for
17this purpose, the municipal clerk shall certify the office to
18be filled and the candidates for the office to the proper
19election authorities as provided in the general election law.
20If a vacancy occurs with less than 28 months remaining in the
21unexpired portion of the term or less than 130 days before the
22general municipal election, then:
23        (1) Mayor or president. If the vacancy is in the
24    office of mayor or president, the vacancy must be filled
25    by the corporate authorities electing one of their members
26    as acting mayor or acting president. Except as set forth

 

 

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1    in subsection (d), the acting mayor or acting president
2    shall perform the duties and possess all the rights and
3    powers of the mayor or president until a mayor or
4    president is elected at the next general municipal
5    election and has qualified. However, in villages with a
6    population of less than 5,000, if each of the trustees
7    either declines the election as acting president or is not
8    elected by a majority vote of the trustees presently
9    holding office, then the trustees may elect, as acting
10    president, any other village resident who is qualified to
11    hold municipal office, and the acting president shall
12    exercise the powers of the president and shall vote and
13    have veto power in the manner provided by law for a
14    president.
15        (2) Alderperson Alderman or trustee. If the vacancy is
16    in the office of alderperson alderman or trustee, the
17    vacancy must be filled by the mayor or president or acting
18    mayor or acting president, as the case may be, in
19    accordance with subsection (e).
20        (3) Other elective office. If the vacancy is in any
21    elective municipal office other than mayor or president or
22    alderperson alderman or trustee, the mayor or president or
23    acting mayor or acting president, as the case may be, must
24    appoint a qualified person to hold the office until the
25    office is filled by election, subject to the advice and
26    consent of the city council or the board of trustees, as

 

 

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1    the case may be.
2    (g) Vacancies in municipal offices with 2-year terms. In
3the case of an elective municipal office with a 2-year term, if
4the vacancy occurs at least 130 days before the general
5municipal election next scheduled under the general election
6law, the vacancy shall be filled for the remainder of the term
7at that general municipal election. If the vacancy occurs less
8than 130 days before the general municipal election, then:
9        (1) Mayor or president. If the vacancy is in the
10    office of mayor or president, the vacancy must be filled
11    by the corporate authorities electing one of their members
12    as acting mayor or acting president. Except as set forth
13    in subsection (d), the acting mayor or acting president
14    shall perform the duties and possess all the rights and
15    powers of the mayor or president until a mayor or
16    president is elected at the next general municipal
17    election and has qualified. However, in villages with a
18    population of less than 5,000, if each of the trustees
19    either declines the election as acting president or is not
20    elected by a majority vote of the trustees presently
21    holding office, then the trustees may elect, as acting
22    president, any other village resident who is qualified to
23    hold municipal office, and the acting president shall
24    exercise the powers of the president and shall vote and
25    have veto power in the manner provided by law for a
26    president.

 

 

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1        (2) Alderperson Alderman or trustee. If the vacancy is
2    in the office of alderperson alderman or trustee, the
3    vacancy must be filled by the mayor or president or acting
4    mayor or acting president, as the case may be, in
5    accordance with subsection (e).
6        (3) Other elective office. If the vacancy is in any
7    elective municipal office other than mayor or president or
8    alderperson alderman or trustee, the mayor or president or
9    acting mayor or acting president, as the case may be, must
10    appoint a qualified person to hold the office until the
11    office is filled by election, subject to the advice and
12    consent of the city council or the board of trustees, as
13    the case may be.
14    (h) In cases of vacancies arising by reason of an election
15being declared void pursuant to paragraph (3) of subsection
16(c), persons holding elective office prior thereto shall hold
17office until their successors are elected and qualified or
18appointed and confirmed by advice and consent, as the case may
19be.
20    (i) This Section applies only to municipalities with
21populations under 500,000.
22(Source: P.A. 99-449, eff. 8-24-15.)
 
23    (65 ILCS 5/3.1-10-51)
24    Sec. 3.1-10-51. Vacancies in municipalities with a
25population of 500,000 or more.

 

 

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1    (a) Events upon which an elective office in a municipality
2of 500,000 or more shall become vacant:
3        (1) A municipal officer may resign from office. A
4    vacancy occurs in an office by reason of resignation,
5    failure to elect or qualify (in which case the incumbent
6    shall remain in office until the vacancy is filled),
7    death, permanent physical or mental disability rendering
8    the person incapable of performing the duties of his or
9    her office, conviction of a disqualifying crime,
10    abandonment of office, removal from office, or removal of
11    residence from the municipality or, in the case of an
12    alderperson alderman of a ward, removal of residence from
13    the ward.
14        (2) An admission of guilt of a criminal offense that
15    would, upon conviction, disqualify the municipal officer
16    from holding that office, in the form of a written
17    agreement with State or federal prosecutors to plead
18    guilty to a felony, bribery, perjury, or other infamous
19    crime under State or federal law, shall constitute a
20    resignation from that office, effective at the time the
21    plea agreement is made. For purposes of this Section, a
22    conviction for an offense that disqualifies the municipal
23    officer from holding that office occurs on the date of the
24    return of a guilty verdict or, in the case of a trial by
25    the court, the entry of a finding of guilt.
26        (3) Owing a debt to the municipality. A vacancy occurs

 

 

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1    if a municipal official fails to pay a debt to a
2    municipality in which the official has been elected or
3    appointed to an elected position subject to the following:
4            (A) Before a vacancy may occur under this
5        paragraph (3), the municipal clerk shall deliver, by
6        personal service, a written notice to the municipal
7        official that (i) the municipal official is in arrears
8        of a debt to the municipality, (ii) that municipal
9        official must either pay or contest the debt within 30
10        days after receipt of the notice or the municipal
11        official will be disqualified and his or her office
12        vacated, and (iii) if the municipal official chooses
13        to contest the debt, the municipal official must
14        provide written notice to the municipal clerk of the
15        contesting of the debt. A copy of the notice, and the
16        notice to contest, shall also be mailed by the
17        municipal clerk to the appointed municipal attorney by
18        certified mail. If the municipal clerk is the
19        municipal official indebted to the municipality, the
20        mayor or president of the municipality shall assume
21        the duties of the municipal clerk required under this
22        paragraph (3).
23            (B) In the event that the municipal official
24        chooses to contest the debt, a hearing shall be held
25        within 30 days of the municipal clerk's receipt of the
26        written notice of contest from the municipal official.

 

 

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1        An appointed municipal hearing officer shall preside
2        over the hearing, and shall hear testimony and accept
3        evidence relevant to the existence of the debt owed by
4        the municipal officer to the municipality.
5            (C) Upon the conclusion of the hearing, the
6        hearing officer shall make a determination on the
7        basis of the evidence presented as to whether or not
8        the municipal official is in arrears of a debt to the
9        municipality. The determination shall be in writing
10        and shall be designated as findings, decision, and
11        order. The findings, decision, and order shall
12        include: (i) the hearing officer's findings of fact;
13        (ii) a decision of whether or not the municipal
14        official is in arrears of a debt to the municipality
15        based upon the findings of fact; and (iii) an order
16        that either directs the municipal official to pay the
17        debt within 30 days or be disqualified and his or her
18        office vacated or dismisses the matter if a debt owed
19        to the municipality is not proved. A copy of the
20        hearing officer's written determination shall be
21        served upon the municipal official in open proceedings
22        before the hearing officer. If the municipal official
23        does not appear for receipt of the written
24        determination, the written determination shall be
25        deemed to have been served on the municipal official
26        on the date when a copy of the written determination is

 

 

HB0045- 72 -LRB102 03834 RJF 13848 b

1        personally served on the municipal official or on the
2        date when a copy of the written determination is
3        deposited in the United States mail, postage prepaid,
4        addressed to the municipal official at the address on
5        record in the files of the municipality.
6            (D) A municipal official aggrieved by the
7        determination of a hearing officer may secure judicial
8        review of such determination in the circuit court of
9        the county in which the hearing was held. The
10        municipal official seeking judicial review must file a
11        petition with the clerk of the court and must serve a
12        copy of the petition upon the municipality by
13        registered or certified mail within 5 days after
14        service of the determination of the hearing officer.
15        The petition shall contain a brief statement of the
16        reasons why the determination of the hearing officer
17        should be reversed. The municipal official shall file
18        proof of service with the clerk of the court. No answer
19        to the petition need be filed, but the municipality
20        shall cause the record of proceedings before the
21        hearing officer to be filed with the clerk of the court
22        on or before the date of the hearing on the petition or
23        as ordered by the court. The court shall set the matter
24        for hearing to be held within 30 days after the filing
25        of the petition and shall make its decision promptly
26        after such hearing.

 

 

HB0045- 73 -LRB102 03834 RJF 13848 b

1            (E) If a municipal official chooses to pay the
2        debt, or is ordered to pay the debt after the hearing,
3        the municipal official must present proof of payment
4        to the municipal clerk that the debt was paid in full,
5        and, if applicable, within the required time period as
6        ordered by a hearing officer.
7            (F) A municipal official will be disqualified and
8        his or her office vacated pursuant to this paragraph
9        (3) on the later of the following times the municipal
10        official: (i) fails to pay or contest the debt within
11        30 days of the municipal official's receipt of the
12        notice of the debt; (ii) fails to pay the debt within
13        30 days after being served with a written
14        determination under subparagraph (C) ordering the
15        municipal official to pay the debt; or (iii) fails to
16        pay the debt within 30 days after being served with a
17        decision pursuant to subparagraph (D) upholding a
18        hearing officer's determination that the municipal
19        officer has failed to pay a debt owed to a
20        municipality.
21            (G) For purposes of this paragraph, a "debt" shall
22        mean an arrearage in a definitely ascertainable and
23        quantifiable amount after service of written notice
24        thereof, in the payment of any indebtedness due to the
25        municipality, which has been adjudicated before a
26        tribunal with jurisdiction over the matter. A

 

 

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1        municipal official is considered in arrears of a debt
2        to a municipality if a debt is more than 30 days
3        overdue from the date the debt was due.
4    (b) If a vacancy occurs in an elective municipal office
5with a 4-year term and there remains an unexpired portion of
6the term of at least 28 months, and the vacancy occurs at least
7130 days before the general municipal election next scheduled
8under the general election law, then the vacancy shall be
9filled for the remainder of the term at that general municipal
10election. Whenever an election is held for this purpose, the
11municipal clerk shall certify the office to be filled and the
12candidates for the office to the proper election authorities
13as provided in the general election law. If the vacancy is in
14the office of mayor, the city council shall elect one of their
15members acting mayor. The acting mayor shall perform the
16duties and possess all the rights and powers of the mayor until
17a successor to fill the vacancy has been elected and has
18qualified. If the vacancy is in any other elective municipal
19office, then until the office is filled by election, the mayor
20shall appoint a qualified person to the office subject to the
21advice and consent of the city council.
22    (c) If a vacancy occurs later than the time provided in
23subsection (b) in a 4-year term, a vacancy in the office of
24mayor shall be filled by the corporate authorities electing
25one of their members acting mayor. The acting mayor shall
26perform the duties and possess all the rights and powers of the

 

 

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1mayor until a mayor is elected at the next general municipal
2election and has qualified. A vacancy occurring later than the
3time provided in subsection (b) in a 4-year term in any
4elective office other than mayor shall be filled by
5appointment by the mayor, with the advice and consent of the
6corporate authorities.
7    (d) A municipal officer appointed or elected under this
8Section shall hold office until the officer's successor is
9elected and has qualified.
10    (e) An appointment to fill a vacancy in the office of
11alderperson alderman shall be made within 60 days after the
12vacancy occurs. The requirement that an appointment be made
13within 60 days is an exclusive power and function of the State
14and is a denial and limitation under Article VII, Section 6,
15subsection (h) of the Illinois Constitution of the power of a
16home rule municipality to require that an appointment be made
17within a different period after the vacancy occurs.
18    (f) This Section applies only to municipalities with a
19population of 500,000 or more.
20(Source: P.A. 99-449, eff. 8-24-15.)
 
21    (65 ILCS 5/3.1-10-60)  (from Ch. 24, par. 3.1-10-60)
22    Sec. 3.1-10-60. Interim appointments to vacancies. If a
23municipality has no mayor or president, no clerk, and no
24alderpersons aldermen or trustees, the circuit court may, upon
25petition signed by at least 100 electors or 10% of the electors

 

 

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1of the municipality, whichever is less, make interim
2appointments to fill all vacancies in the elective offices of
3the municipality from among persons whose names are submitted
4by the petition or petitions. The interim appointees shall
5serve until the next regularly scheduled election under the
6general election law occurring not less than 120 days after
7all the offices have become vacant.
8(Source: P.A. 87-1119.)
 
9    (65 ILCS 5/3.1-10-65)  (from Ch. 24, par. 3.1-10-65)
10    Sec. 3.1-10-65. Referendum to reduce terms.
11    (a) In any municipality of less than 500,000 inhabitants,
12a proposition to reduce the terms of the elective officers of
13the municipality from 4 years to 2 years may be submitted,
14within the discretion of the corporate authorities, to the
15electors of the municipality. The proposition shall also be
16submitted if a petition requesting that action is signed by
17electors of the municipality numbering not less than 10% of
18the total vote cast at the last election for mayor or president
19of the municipality and the petition is filed with the
20municipal clerk and certified in accordance with the general
21election law. The proposition shall be substantially in the
22following form:
23        Shall the term of the elective officers of (name of
24    municipality) be reduced from 4 years to 2 years?
25    (b) If a majority of the electors voting on the

 

 

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1proposition vote against it, the terms of the officers shall
2remain 4 years. 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 alderpersons aldermen. In the case of
8alderpersons aldermen and trustees: (i) at the first election
9of alderpersons aldermen or trustees that occurs in an odd
10numbered year following the vote to reduce the length of
11terms, successors to alderpersons aldermen or trustees whose
12terms expire in that year shall be elected for a term of one
13year and until their successors are elected and have qualified
14and (ii) thereafter, one-half of the alderpersons aldermen or
15trustees shall be elected each year for terms of 2 years and
16until their successors are elected and have qualified.
17(Source: P.A. 87-1119.)
 
18    (65 ILCS 5/3.1-10-75)  (from Ch. 24, par. 3.1-10-75)
19    Sec. 3.1-10-75. Referendum to lengthen terms.
20    (a) In any municipality of less than 500,000 inhabitants
21that, under Section 3.1-10-65, has voted to shorten the terms
22of elective officers, a proposition to lengthen the terms of
23the elective officers of the municipality from 2 years to 4
24years may be submitted, within the discretion of the corporate
25authorities, to the electors of the municipality. The

 

 

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1proposition shall be certified by the municipal clerk to the
2appropriate election authorities, who shall submit the
3proposition at an election in accordance with the general
4election law. The proposition shall also be submitted at an
5election if a petition requesting that action is signed by
6electors of the municipality numbering not less than 10% of
7the total vote cast at the last election for mayor or president
8of the municipality and the petition is filed with the
9municipal clerk. The proposition shall be substantially in the
10following form:
11        Shall the term of the elective officers of (name of
12    municipality) be lengthened from 2 years to 4 years?
13    (b) If a majority of the electors voting on the
14proposition vote against it, the terms of the officers shall
15remain 2 years. If, however, a majority of those voting on the
16proposition vote in favor of it, the officers elected at the
17next regular election for officers in the municipality shall
18hold their offices for a term of 4 years and until their
19successors are elected and have qualified, except in the case
20of trustees and alderpersons aldermen. In the case of
21alderpersons aldermen and trustees: (i) if the first election
22for alderpersons aldermen or trustees, after approval of the
23proposition, occurs in an even numbered year, the alderpersons
24aldermen or trustees elected in that even numbered year shall
25serve for terms of 3 years and until their successors are
26elected and have qualified, the terms for successors to those

 

 

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1elected at the first even numbered year election shall be 4
2years and until successors are elected and have qualified, the
3alderpersons aldermen or trustees elected at the first odd
4numbered year election next following the first even numbered
5year election shall serve for terms of 4 years and until
6successors are elected and have qualified, and successors
7elected after the first odd numbered year shall also serve 4
8year terms and until their successors are elected and have
9qualified and (ii) if the first election for alderpersons
10aldermen or trustees, after approval of the proposition,
11occurs in an odd numbered year, the alderpersons aldermen or
12trustees elected in that odd numbered year shall serve for
13terms of 4 years and until their successors are elected and
14have qualified, the terms for successors to those elected at
15the first odd numbered year election shall be for 4 years and
16until successors are elected and have qualified, the
17alderpersons aldermen or trustees elected at the first even
18numbered year election next following the first odd numbered
19year election shall serve for terms of one year and until their
20successors are elected and have qualified, and the terms for
21successors to those elected at the first odd numbered year
22election shall be 4 years and until their successors are
23elected and have qualified.
24(Source: P.A. 87-1119.)
 
25    (65 ILCS 5/3.1-15-5)  (from Ch. 24, par. 3.1-15-5)

 

 

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1    Sec. 3.1-15-5. Officers to be elected. In all cities
2incorporated under this Code there shall be elected a mayor,
3alderpersons aldermen, a city clerk, and a city treasurer
4(except in the case of a city of 10,000 or fewer inhabitants
5that, by ordinance, allows for the appointment of a city
6treasurer by the mayor, subject to the advice and consent of
7the city council). In all villages and incorporated towns,
8there shall be elected a president, trustees, and a clerk,
9except as otherwise provided in this Code.
10(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
 
11    (65 ILCS 5/3.1-15-15)  (from Ch. 24, par. 3.1-15-15)
12    Sec. 3.1-15-15. Holding other offices. A mayor, president,
13alderperson alderman, trustee, clerk, or treasurer shall not
14hold any other office under the municipal government during
15the term of that office, except when the officer is granted a
16leave of absence from that office or except as otherwise
17provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
18Moreover, an officer may serve as a volunteer fireman and
19receive compensation for that service.
20(Source: P.A. 99-386, eff. 8-17-15.)
 
21    (65 ILCS 5/3.1-15-25)  (from Ch. 24, par. 3.1-15-25)
22    Sec. 3.1-15-25. Conservators of the peace; service of
23warrants.
24    (a) After receiving a certificate attesting to the

 

 

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1successful completion of a training course administered by the
2Illinois Law Enforcement Training Standards Board, the mayor,
3alderpersons aldermen, president, trustees, marshal, deputy
4marshals, and policemen in municipalities shall be
5conservators of the peace. Those persons and others authorized
6by ordinance shall have power (i) to arrest or cause to be
7arrested, with or without process, all persons who break the
8peace or are found violating any municipal ordinance or any
9criminal law of the State, (ii) to commit arrested persons for
10examination, (iii) if necessary, to detain arrested persons in
11custody over night or Sunday in any safe place or until they
12can be brought before the proper court, and (iv) to exercise
13all other powers as conservators of the peace prescribed by
14the corporate authorities.
15    (b) All warrants for the violation of municipal ordinances
16or the State criminal law, directed to any person, may be
17served and executed within the limits of a municipality by any
18policeman or marshal of the municipality. For that purpose,
19policemen and marshals have all the common law and statutory
20powers of sheriffs.
21(Source: P.A. 90-540, eff. 12-1-97.)
 
22    (65 ILCS 5/3.1-15-30)  (from Ch. 24, par. 3.1-15-30)
23    Sec. 3.1-15-30. Minority representation.
24    (a) Whenever the question of incorporation as a city under
25this Code is submitted for adoption to the electors of any

 

 

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1territory, village, incorporated town, or city under special
2charter, there may be submitted at the same time for adoption
3or rejection the question of minority representation in the
4city council. The proposition shall be in the following form:
5        Shall minority representation in the city council be
6    adopted?
7    (b) If a majority of the votes cast on the question at any
8election are for minority representation in the city council,
9the members of the city council, except as otherwise provided,
10thereafter shall be elected as provided in Section 3.1-15-35.
11    (c) The city council, at least 30 days before the first day
12fixed by law for the filing of candidate petitions for the next
13general municipal election, shall apportion the city by
14dividing its population, as ascertained by an official
15publication of any national, state, school, or city census, by
16any number not less than 2 nor more than 6. The quotient shall
17be the ratio of representation in the city council. Districts
18shall be formed of contiguous and compact territory and
19contain, as near as practicable, an equal number of
20inhabitants.
21    (d) If a majority of the votes cast on the question at any
22election are against minority representation in the city
23council, the members of the city council shall be elected as
24otherwise provided in this Code.
25    (e) At any time after the incorporation of a city under
26this Code, on petition of electors equal in number to

 

 

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1one-eighth the number of legal votes cast at the next
2preceding general municipal election, the city clerk shall
3certify the question of the adoption or retention of minority
4representation to the proper election authority for submission
5to the electors of that city. The proposition shall be in the
6same form as provided in this Section, except that the word
7"retained" shall be substituted for the word "adopted" when
8appropriate. A question of minority representation, however,
9shall not be submitted more than once within 32 months.
10    (f) If the city council of any city adopting minority
11representation as provided in this Section has not fixed a
12ratio of representation and formed the districts by the time
13specified in this Section, those acts may be done by any later
14city council. All official acts done and ordinances passed by
15a city council elected at large by the electors of a city that
16has adopted a minority representation plan shall be as valid
17and binding as if the alderpersons aldermen had been elected
18from districts.
19(Source: P.A. 87-1119.)
 
20    (65 ILCS 5/3.1-15-35)  (from Ch. 24, par. 3.1-15-35)
21    Sec. 3.1-15-35. Alderpersons Aldermen under minority
22representation plan. Every district under a minority
23representation plan shall be entitled to 3 alderpersons
24aldermen. Alderpersons Aldermen shall hold their offices for 4
25years and until their successors have been elected and

 

 

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1qualified, except in cities that have adopted a 2 year term
2under Section 3.1-10-65. There shall be elected in each
3district as many alderpersons aldermen as the district is
4entitled to. In all of these elections for alderpersons
5aldermen, each elector may cast as many votes as there are
6alderpersons aldermen to be elected in the elector's district,
7or may distribute his or her votes, or equal parts of the
8votes, among the candidates as the elector sees fit. The
9candidate highest in votes is elected if only one alderperson
10alderman is elected; the candidates highest and next highest
11in votes are elected if only 2 alderpersons aldermen are
12elected; and the 3 highest candidates in votes are elected
13when 3 alderpersons aldermen are elected. Vacancies shall be
14filled as provided in Sections 3.1-10-50 and 3.1-10-55 by
15either interim election or appointment. An appointment to fill
16a vacancy shall be made within 60 days after the vacancy
17occurs. The requirement that an appointment be made within 60
18days is an exclusive power and function of the State and is a
19denial and limitation under Article VII, Section 6, subsection
20(h) of the Illinois Constitution of the power of a home rule
21municipality to require that an appointment be made within a
22different period after the vacancy occurs.
23(Source: P.A. 87-1052; 87-1119; 88-45.)
 
24    (65 ILCS 5/3.1-15-40)  (from Ch. 24, par. 3.1-15-40)
25    Sec. 3.1-15-40. Staggered elections under minority plans.

 

 

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1In all cities that adopt or have adopted the minority
2representation plan for the election of alderpersons aldermen
3and have not already staggered the terms of their alderpersons
4aldermen, the city council may provide by ordinance that at
5any ensuing general municipal election for city officers the
6alderpersons aldermen in every alternate district shall be
7elected for one term of 2 years and, at the expiration of that
8term of 2 years, for regular terms of 4 years. This Section
9does not prohibit a city from voting in favor of a 2 year term
10for city officers as provided in Section 3.1-10-65. The
11provisions of the general election law shall govern elections
12under this Section.
13(Source: P.A. 87-1119.)
 
14    (65 ILCS 5/3.1-20-10)  (from Ch. 24, par. 3.1-20-10)
15    Sec. 3.1-20-10. Alderpersons Aldermen; number.
16    (a) Except as otherwise provided in this Section, Section
173.1-20-20, or as otherwise provided in the case of
18alderpersons-at-large aldermen-at-large, the number of
19alderpersons aldermen, when not elected by the minority
20representation plan, shall be determined using the most recent
21federal decennial census results as follows:
22        (1) in cities not exceeding 3,000 inhabitants, 6
23    alderpersons aldermen;
24        (2) in cities exceeding 3,000 but not exceeding
25    15,000, 8 alderpersons aldermen;

 

 

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1        (3) in cities exceeding 15,000 but not exceeding
2    20,000, 10 alderpersons aldermen;
3        (4) in cities exceeding 20,000 but not exceeding
4    50,000, 14 alderpersons aldermen;
5        (5) in cities exceeding 50,000 but not exceeding
6    70,000, 16 alderpersons aldermen;
7        (6) in cities exceeding 70,000 but not exceeding
8    90,000, 18 alderpersons aldermen; and
9        (7) in cities exceeding 90,000 but not exceeding
10    500,000, 20 alderpersons aldermen.
11    (b) Instead of the number of alderpersons aldermen set
12forth in subsection (a), a municipality with 15,000 or more
13inhabitants may adopt, either by ordinance or by resolution,
14not more than one year after the municipality's receipt of the
15new federal decennial census results, the following number of
16alderpersons aldermen: in cities exceeding 15,000 but not
17exceeding 20,000, 8 alderpersons aldermen; exceeding 20,000
18but not exceeding 50,000, 10 alderpersons aldermen; exceeding
1950,000 but not exceeding 70,000, 14 alderpersons aldermen;
20exceeding 70,000 but not exceeding 90,000, 16 alderpersons
21aldermen; and exceeding 90,000 but not exceeding 500,000, 18
22alderpersons aldermen.
23    (c) Instead of the number of alderpersons aldermen set
24forth in subsection (a), a municipality with 40,000 or more
25inhabitants may adopt, either by ordinance or by resolution,
26not more than one year after the municipality's receipt of the

 

 

HB0045- 87 -LRB102 03834 RJF 13848 b

1new federal decennial census results, the following number of
2alderpersons aldermen: in cities exceeding 40,000 but not
3exceeding 50,000, 16 alderpersons aldermen.
4    (d) If, according to the most recent federal decennial
5census results, the population of a municipality increases or
6decreases under this Section, then the municipality may adopt
7an ordinance or resolution to retain the number of
8alderpersons aldermen that existed before the most recent
9federal decennial census results. The ordinance or resolution
10may not be adopted more than one year after the municipality's
11receipt of the most recent federal decennial census results.
12(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11;
1397-1091, eff. 8-24-12.)
 
14    (65 ILCS 5/3.1-20-15)  (from Ch. 24, par. 3.1-20-15)
15    Sec. 3.1-20-15. Division into wards. Except as otherwise
16provided in Section 3.1-20-20, every city shall have one-half
17as many wards as the total number of alderpersons aldermen to
18which the city is entitled. The city council, from time to
19time, shall divide the city into that number of wards.
20(Source: P.A. 87-1119.)
 
21    (65 ILCS 5/3.1-20-20)  (from Ch. 24, par. 3.1-20-20)
22    Sec. 3.1-20-20. Alderpersons Aldermen; restrict or
23reinstate number.
24    (a) In a city of less than 100,000 inhabitants, a

 

 

HB0045- 88 -LRB102 03834 RJF 13848 b

1proposition to restrict the number of alderpersons aldermen to
2one-half of the total authorized by Section 3.1-20-10, with
3one alderperson alderman representing each ward, shall be
4certified by the city clerk to the proper election
5authorities, who shall submit the proposition at an election
6in accordance with the general election law, if a petition
7requesting that action is signed by electors of the city
8numbering not less than 10% of the total vote cast at the last
9election for mayor of the city and the petition is filed with
10the city clerk.
11    The proposition shall be substantially in the following
12form:
13        Shall (name of city) restrict the number of
14    alderpersons aldermen to (state number) (one-half of the
15    total authorized by Section 3.1-20-10 of the Illinois
16    Municipal Code), with one alderperson alderman
17    representing each ward?
18    If a majority of those voting on the proposition vote in
19favor of it, all existing aldermanic terms of alderpersons
20shall expire as of the date of the next regular aldermanic
21election of alderpersons, at which time a full complement of
22alderpersons aldermen shall be elected for the full term.
23    (b) In a city of less than 100,000 inhabitants, a
24proposition to restrict the number of alderpersons aldermen to
25one alderperson alderman per ward, with one alderperson
26alderman representing each ward, plus an additional number of

 

 

HB0045- 89 -LRB102 03834 RJF 13848 b

1alderpersons aldermen not to exceed the number of wards in the
2city to be elected at large, shall be certified by the city
3clerk to the proper election authorities, who shall submit the
4proposition at an election in accordance with the general
5election law, if a petition requesting that action is signed
6by electors of the city numbering not less than 10% of the
7total vote cast at the last election for mayor of the city and
8the petition is filed with the city clerk.
9    The proposition shall be substantially in the following
10form:
11        Shall (name of city) restrict the number of
12    alderpersons aldermen to (number), with one alderperson
13    alderman representing each ward, plus an additional
14    (number) alderperson alderman (alderpersons aldermen) to
15    be elected at large?
16    If a majority of those voting on the proposition vote in
17favor of it, all existing aldermanic terms of alderpersons
18shall expire as of the date of the next regular aldermanic
19election of alderpersons, at which time a full complement of
20alderpersons aldermen shall be elected for the full term.
21    (c) In a city of less than 100,000 inhabitants where a
22proposition under subsection (a) or (b) has been successful, a
23proposition to reinstate the number of alderpersons aldermen
24in accordance with Section 3.1-20-10 shall be certified by the
25city clerk to the proper election authorities, who shall
26submit the proposition at an election in accordance with the

 

 

HB0045- 90 -LRB102 03834 RJF 13848 b

1general election law, if a petition requesting that action has
2been signed by electors of the city numbering not less than 10%
3of the total vote cast at the last election for mayor of the
4city and the petition has been filed with the city clerk.
5    The election authority must submit the proposition in
6substantially the following form:
7        Shall (name of city) reinstate the number of
8    alderpersons aldermen to (number of alderpersons aldermen
9    allowed by Section 3.1-20-10)?
10The election authority must record the votes as "Yes" or "No".
11    If a majority of the electors voting on the proposition
12vote in the affirmative, then, if the restriction in the
13number of alderpersons aldermen has taken effect, all existing
14aldermanic terms of alderpersons shall expire as of the date
15of the next regular aldermanic election of alderpersons, at
16which time a full complement of alderpersons aldermen shall be
17elected for the full term and thereafter terms shall be
18determined in accordance with Section 3.1-20-35.
19(Source: P.A. 92-727, eff. 7-25-02.)
 
20    (65 ILCS 5/3.1-20-22)  (from Ch. 24, par. 3.1-20-22)
21    Sec. 3.1-20-22. Alderpersons Aldermen; staggered terms. In
22any city of less than 100,000 inhabitants, a proposition to
23stagger the terms of alderpersons aldermen, with as nearly as
24possible one-half of the alderpersons aldermen elected every 2
25years, shall be certified by the city clerk to the proper

 

 

HB0045- 91 -LRB102 03834 RJF 13848 b

1election authority, who shall submit the proposition at an
2election in accordance with the general election law, if a
3petition requesting that action is signed by electors of the
4city numbering at least 10% of the total vote cast at the last
5election for mayor of the city and is filed with the city
6clerk.
7    The ballot shall have printed on it, but not as a part of
8the proposition submitted, the following information for
9voters: one alderperson alderman elected from each
10even-numbered ward shall serve a term of 2 years; one
11alderperson alderman elected from each odd-numbered ward shall
12serve a term of 4 years.
13    The proposition shall be substantially in the following
14form:
15        Shall (name of city) adopt a system of staggered terms
16    for alderpersons aldermen?
17    If a majority of those voting on the proposition vote in
18favor of it, then at the next regular election for
19alderpersons aldermen one alderperson alderman shall be
20elected from each even-numbered ward for a term of 2 years and
21one alderperson alderman shall be elected from each
22odd-numbered ward for a term of 4 years. Thereafter, their
23successors shall be elected for terms of 4 years.
24(Source: P.A. 87-1119.)
 
25    (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)

 

 

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1    Sec. 3.1-20-25. Redistricting a city.
2    (a) In the formation of wards, the number of inhabitants
3of the city immediately preceding the division of the city
4into wards shall be as nearly equal in population, and the
5wards shall be of as compact and contiguous territory, as
6practicable. Wards shall be created in a manner so that, as far
7as practicable, no precinct shall be divided between 2 or more
8wards.
9    (b) Whenever an official decennial census shows that a
10city contains more or fewer wards than it is entitled to, the
11city council of the city, by ordinance, shall redistrict the
12city into as many wards as the city is entitled. This
13redistricting shall be completed not less than 30 days before
14the first day set by the general election law for the filing of
15candidate petitions for the next succeeding election for city
16officers. At this election there shall be elected the number
17of alderpersons aldermen to which the city is entitled, except
18as provided in subsection (c).
19    (c) If it appears from any official decennial census that
20it is necessary to redistrict under subsection (b) or for any
21other reason, the city council shall immediately proceed to
22redistrict the city and shall hold the next city election in
23accordance with the new redistricting. At this election the
24alderpersons aldermen whose terms of office are not expiring
25shall be considered alderpersons aldermen for the new wards
26respectively in which their residences are situated. At this

 

 

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1election, in a municipality that is not a newly incorporated
2municipality, a candidate for alderperson alderman may be
3elected from any ward that contains a part of the ward in which
4he or she resided at least one year next preceding the election
5that follows the redistricting, and, if elected, that person
6may be reelected from the new ward he or she represents if he
7or she resides in that ward for at least one year next
8preceding reelection. If there are 2 or more alderpersons
9aldermen with terms of office not expiring and residing in the
10same ward under the new redistricting, the alderperson
11alderman who holds over for that ward shall be determined by
12lot in the presence of the city council, in the manner directed
13by the council, and all other alderpersons aldermen shall fill
14their unexpired terms as alderpersons-at-large
15aldermen-at-large. The alderpersons-at-large
16aldermen-at-large, if any, shall have the same powers and
17duties as all other alderpersons aldermen, but upon the
18expiration of their terms the offices of alderpersons-at-large
19aldermen-at-large shall be abolished.
20    (d) If the redistricting results in one or more wards in
21which no alderpersons aldermen reside whose terms of office
22have not expired, 2 alderpersons aldermen shall be elected in
23accordance with Section 3.1-20-35, unless the city elected
24only one alderperson alderman per ward pursuant to a
25referendum under subsection (a) of Section 3.1-20-20.
26    (e) A redistricting ordinance that has decreased the

 

 

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1number of wards of a city because of a decrease in population
2of the city shall not be effective if, not less than 60 days
3before the time fixed for the next succeeding general
4municipal election, an official census is officially published
5that shows that the city has regained a population that
6entitles it to the number of wards that it had just before the
7passage of the last redistricting ordinance.
8(Source: P.A. 97-1091, eff. 8-24-12.)
 
9    (65 ILCS 5/3.1-20-30)  (from Ch. 24, par. 3.1-20-30)
10    Sec. 3.1-20-30. Validation of actions. After an official
11census is officially published, if a city is divided into a
12greater number of wards and has elected a greater number of
13alderpersons aldermen than the city is entitled to, the
14division and election shall, nevertheless, be valid and all
15acts, resolutions, and ordinances of the city council of that
16city, if in other respects in compliance with law, are valid.
17(Source: P.A. 87-1119.)
 
18    (65 ILCS 5/3.1-20-35)  (from Ch. 24, par. 3.1-20-35)
19    Sec. 3.1-20-35. Determining terms.
20    (a) Alderpersons Aldermen elected at the first election
21for city officers after the election of alderpersons aldermen
22for the initial terms provided for in Section 2-2-11 shall
23draw lots to determine which alderpersons aldermen in each
24ward shall hold office for a 4 year term, and until a successor

 

 

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1is elected and has qualified, and which alderpersons aldermen
2in each ward shall hold office for a 2 year term, and until a
3successor is elected and has qualified. All alderpersons
4aldermen thereafter elected shall hold office for a term of 4
5years, and until their successors are elected and have
6qualified, except in cities that adopt a 2 year term under
7Section 3.1-10-65 and except as otherwise provided in Section
83.1-20-20.
9    (b) If a city that has had the minority representation
10plan has voted not to retain the plan, then at the first
11election for city officers following the vote 2 alderpersons
12aldermen shall be elected from each ward in the city and their
13terms shall be staggered in the manner set forth in subsection
14(a). The tenure of these alderpersons aldermen and their
15successors shall be the same as that stated in subsection (a).
16(Source: P.A. 87-1119.)
 
17    (65 ILCS 5/3.1-20-40)  (from Ch. 24, par. 3.1-20-40)
18    Sec. 3.1-20-40. Other officers; election rather than
19appointment. Instead of providing for the appointment of the
20following officers as provided in Section 3.1-30-5, the city
21council, in its discretion, may provide by ordinance passed by
22a two-thirds vote of all the alderpersons aldermen elected for
23the election by the electors of the city of a city collector, a
24city marshal, a city superintendent of streets, a corporation
25counsel, a city comptroller, or any of them, and any other

 

 

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1officers which the city council considers necessary or
2expedient. By ordinance or resolution, to take effect at the
3end of the current fiscal year, the city council, by a like
4vote, may discontinue any office so created and devolve the
5duties of that office on any other city officer. After
6discontinuance of an office, no officer filling that office
7before its discontinuance shall have any claim against the
8city for salary alleged to accrue after the date of
9discontinuance.
10(Source: P.A. 87-1119.)
 
11    (65 ILCS 5/3.1-20-45)
12    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
13office. A city incorporated under this Code that elects
14municipal officers at nonpartisan primary and general
15elections shall conduct the elections as provided in the
16Election Code, except that no office for which nomination is
17uncontested shall be included on the primary ballot and no
18primary shall be held for that office. For the purposes of this
19Section, an office is uncontested when not more than 4 persons
20to be nominated for each office have timely filed valid
21nominating papers seeking nomination for the election to that
22office.
23    Notwithstanding the preceding paragraph, when a person (i)
24who has not timely filed valid nomination papers and (ii) who
25intends to become a write-in candidate for nomination for any

 

 

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1office for which nomination is uncontested files a written
2statement or notice of that intent with the proper election
3official with whom the nomination papers for that office are
4filed, if the write-in candidate becomes the fifth candidate
5filed, a primary ballot must be prepared and a primary must be
6held for the office. The statement or notice must be filed on
7or before the 61st day before the consolidated primary
8election. The statement must contain (i) the name and address
9of the person intending to become a write-in candidate, (ii) a
10statement that the person intends to become a write-in
11candidate, and (iii) the office the person is seeking as a
12write-in candidate. An election authority has no duty to
13conduct a primary election or prepare a primary ballot unless
14a statement meeting the requirements of this paragraph is
15filed in a timely manner.
16    If there is a primary election, then candidates shall be
17placed on the ballot for the next succeeding general municipal
18election in the following manner:
19        (1) If one officer is to be elected, then the 2
20    candidates who receive the highest number of votes shall
21    be placed on the ballot for the next succeeding general
22    municipal election.
23        (2) If 2 alderpersons aldermen are to be elected at
24    large, then the 4 candidates who receive the highest
25    number of votes shall be placed on the ballot for the next
26    succeeding general municipal election.

 

 

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1        (3) If 3 alderpersons aldermen are to be elected at
2    large, then the 6 candidates who receive the highest
3    number of votes shall be placed on the ballot for the next
4    succeeding general municipal election.
5    The name of a write-in candidate may not be placed on the
6ballot for the next succeeding general municipal election
7unless he or she receives a number of votes in the primary
8election that equals or exceeds the number of signatures
9required on a petition for nomination for that office or that
10exceeds the number of votes received by at least one of the
11candidates whose names were printed on the primary ballot for
12nomination for or election to the same office.
13(Source: P.A. 97-81, eff. 7-5-11.)
 
14    (65 ILCS 5/3.1-25-70)  (from Ch. 24, par. 3.1-25-70)
15    Sec. 3.1-25-70. Trustees under special Acts.
16    (a) In every village and incorporated town incorporated
17and existing under any special Act that, before June 4, 1909,
18pursuant to any special Act, annually elected members of its
19legislative body, the electors in the village or incorporated
20town, instead of the legislative body now provided for by law,
21shall elect 6 trustees. They shall hold their offices until
22their respective successors are elected and have qualified. At
23the first meeting of this board of 6 trustees, the terms of
24office of the trustees shall be staggered, and thereafter
25shall be for the same length of time as provided for

 

 

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1alderpersons aldermen in Section 3.1-20-35.
2    (b) The electors of the village or incorporated town may,
3however, adopt a 2 year term for their trustees as provided in
4Section 3.1-10-65. If this 2 year term is adopted, then at the
5next general municipal election in the adopting village or
6incorporated town, 3 trustees shall be elected, and they shall
7hold their offices for terms of one year each. In the next
8succeeding year, and in each year thereafter, 3 trustees shall
9be elected in the adopting village or incorporated town, and
10they shall hold their offices for terms of 2 years each.
11    (c) A village or incorporated town that, before January 1,
121942, has adopted a 2 year term for its trustees and is now
13electing 3 trustees each year shall continue to elect 3
14trustees each year for a term of 2 years each. A village or
15incorporated town that, before January 1, 1942, has adopted a
162 year term for its trustees but is not now electing 3 trustees
17each year shall elect 3 trustees at the next general municipal
18election in that municipality, and they shall hold their
19offices for terms of one year each. In the next succeeding
20year, and in each year thereafter, 3 trustees shall be
21elected, and they shall hold their offices for terms of 2 years
22each.
23    (d) This Section shall not apply to or change the method of
24election of the members of the legislative body of
25incorporated towns that have superseded civil townships.
26(Source: P.A. 87-1119.)
 

 

 

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1    (65 ILCS 5/3.1-25-75)  (from Ch. 24, par. 3.1-25-75)
2    Sec. 3.1-25-75. Districts; election of trustees.
3    (a) After a village with a population of 5,000 or more
4adopts the provisions of this Section in the manner prescribed
5in Section 3.1-25-80, the board of trustees by ordinance shall
6divide and, whenever necessary thereafter, shall redistrict
7the village into 6 compact and contiguous districts of
8approximately equal population as required by law. This
9redistricting shall be completed not less than 30 days before
10the first day for the filing of nominating petitions for the
11next succeeding election of village officers held in
12accordance with the general election law.
13    (b) Each of the districts shall be represented by one
14trustee who shall have been an actual resident of the district
15for at least 6 months immediately before his or her election in
16the first election after a redistricting, unless the trustee
17is a resident of a newly incorporated municipality. Only the
18electors of a district shall elect the trustee from that
19district.
20    (c) The provisions of this Code relating to terms of
21office of alderpersons aldermen in cities shall also apply to
22the terms of office of trustees under this Section.
23(Source: P.A. 95-646, eff. 1-1-08.)
 
24    (65 ILCS 5/3.1-35-35)  (from Ch. 24, par. 3.1-35-35)

 

 

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1    Sec. 3.1-35-35. Mayor or president pro tem; temporary
2chairman.
3    (a) If the mayor or president is temporarily absent
4because of an incapacity to perform official duties, but the
5incapacity does not create a vacancy in the office, the
6corporate authorities shall elect one of their members to act
7as mayor or president pro tem. The mayor or president pro tem,
8during this absence or disability, shall perform the duties
9and possess all the rights and powers of the mayor or president
10but shall not be entitled to vote both as mayor or president
11pro tem and as alderperson alderman or trustee.
12    (b) In the absence of the mayor, president, acting mayor
13or president, or mayor or president pro tem, the corporate
14authorities may elect one of their members to act as a
15temporary chairman. The temporary chairman shall have only the
16powers of a presiding officer and a right to vote only in the
17capacity as alderperson alderman or trustee on any ordinance,
18resolution, or motion.
19(Source: P.A. 87-1119.)
 
20    (65 ILCS 5/3.1-40-5)  (from Ch. 24, par. 3.1-40-5)
21    Sec. 3.1-40-5. Composition. The city council shall consist
22of the mayor and alderpersons aldermen. It shall meet in
23accordance with the Open Meetings Act. It shall keep a journal
24of its own proceedings.
25(Source: P.A. 87-1119.)
 

 

 

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1    (65 ILCS 5/3.1-40-10)  (from Ch. 24, par. 3.1-40-10)
2    Sec. 3.1-40-10. Judge of elections. The city council shall
3be the sole judge of the election to office of the alderpersons
4aldermen. It shall also be the sole judge whether under
5Section 3.1-10-5 alderpersons aldermen are eligible to hold
6their offices. A court, however, shall not be prohibited from
7hearing and determining a proceeding in quo warranto.
8(Source: P.A. 87-1119.)
 
9    (65 ILCS 5/3.1-40-15)  (from Ch. 24, par. 3.1-40-15)
10    Sec. 3.1-40-15. Rules; expulsion. The city council shall
11determine its own rules of proceeding and punish its members
12for disorderly conduct. With the concurrence of two-thirds of
13the alderpersons aldermen then holding office, it may expel an
14alderperson alderman from a meeting, but not a second time for
15the same incident.
16(Source: P.A. 87-1119.)
 
17    (65 ILCS 5/3.1-40-25)  (from Ch. 24, par. 3.1-40-25)
18    Sec. 3.1-40-25. Meetings. The city council may prescribe,
19by ordinance, the times and places of the council meetings and
20the manner in which special council meetings may be called.
21The mayor or any 3 alderpersons aldermen may call special
22meetings of the city council. In addition to any notice
23requirement prescribed by the city council, public notice of

 

 

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1meetings must be given as prescribed in Sections 2.02 and 2.03
2of the Open Meetings Act.
3(Source: P.A. 87-1119.)
 
4    (65 ILCS 5/3.1-40-30)  (from Ch. 24, par. 3.1-40-30)
5    Sec. 3.1-40-30. Mayor presides. The mayor shall preside at
6all meetings of the city council. Except as provided in
7Articles 4 and 5 of this Code, the mayor shall not vote on any
8ordinance, resolution, or motion except the following: (i)
9where the vote of the alderpersons aldermen has resulted in a
10tie; (ii) where one-half of the alderpersons aldermen elected
11have voted in favor of an ordinance, resolution, or motion
12even though there is no tie vote; or (iii) where a vote greater
13than a majority of the corporate authorities is required by
14this Code or an ordinance to adopt an ordinance, resolution,
15or motion. Nothing in this Section shall deprive an acting
16mayor or mayor pro tem from voting in the capacity as
17alderperson alderman, but he or she shall not be entitled to
18another vote in the capacity as acting mayor or mayor pro tem.
19(Source: P.A. 87-1119.)
 
20    (65 ILCS 5/3.1-40-35)  (from Ch. 24, par. 3.1-40-35)
21    Sec. 3.1-40-35. Deferral of committee reports. Upon the
22request of any 2 alderpersons aldermen present, any report of
23a committee of the council shall be deferred for final action
24to the next regular meeting of the council after the report is

 

 

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1made.
2(Source: P.A. 87-1119.)
 
3    (65 ILCS 5/3.1-40-40)  (from Ch. 24, par. 3.1-40-40)
4    Sec. 3.1-40-40. Vote required. The passage of all
5ordinances for whatever purpose, and of any resolution or
6motion (i) to create any liability against a city or (ii) for
7the expenditure or appropriation of its money shall require
8the concurrence of a majority of all members then holding
9office on the city council, including the mayor, unless
10otherwise expressly provided by this Code or any other Act
11governing the passage of any ordinance, resolution, or motion.
12Where the council consists of an odd number of alderpersons
13aldermen, however, the vote of the majority of the
14alderpersons aldermen shall be sufficient to pass an
15ordinance. The passage of an ordinance, resolution, or motion
16to sell any school property shall require the concurrence of
17three-fourths of all alderpersons aldermen then holding
18office. The yeas and nays shall be taken upon the question of
19the passage of the designated ordinances, resolutions, or
20motions and recorded in the journal of the city council. In
21addition, the corporate authorities at any meeting may by
22unanimous consent take a single vote by yeas and nays on the
23several questions of the passage of any 2 or more of the
24designated ordinances, orders, resolutions, or motions placed
25together for voting purposes in a single group. The single

 

 

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1vote shall be entered separately in the journal under the
2designation "omnibus vote", and in that event the clerk may
3enter the words "omnibus vote" or "consent agenda" in the
4journal in each case instead of entering the names of the
5members of city council voting "yea" and those voting "nay" on
6the passage of each of the designated ordinances, orders,
7resolutions, and motions included in the omnibus group or
8consent agenda. The taking of a single or omnibus vote and the
9entries of the words "omnibus vote" or "consent agenda" in the
10journal shall be a sufficient compliance with the requirements
11of this Section to all intents and purposes and with like
12effect as if the vote in each case had been taken separately by
13yeas and nays on the question of the passage of each ordinance,
14order, resolution, and motion included in the omnibus group
15and separately recorded in the journal. Likewise, the yeas and
16nays shall be taken upon the question of the passage of any
17other resolution or motion at the request of any alderperson
18alderman and shall be recorded in the journal.
19(Source: P.A. 87-1119.)
 
20    (65 ILCS 5/3.1-40-50)  (from Ch. 24, par. 3.1-40-50)
21    Sec. 3.1-40-50. Reconsideration; passing over veto. Every
22resolution and motion specified in Section 3.1-40-45, and
23every ordinance, that is returned to the city council by the
24mayor shall be reconsidered by the city council at the next
25regular meeting following the regular meeting at which the

 

 

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1city council receives the mayor's written objection. If, after
2reconsideration, two-thirds of all the alderpersons aldermen
3then holding office on the city council agree at that regular
4meeting to pass an ordinance, resolution, or motion,
5notwithstanding the mayor's refusal to approve it, then it
6shall be effective. The vote on the question of passage over
7the mayor's veto shall be by yeas and nays and shall be
8recorded in the journal.
9    This Section does not apply to municipalities with more
10than 500,000 inhabitants.
11(Source: P.A. 91-489, eff. 1-1-00.)
 
12    (65 ILCS 5/3.1-40-55)  (from Ch. 24, par. 3.1-40-55)
13    Sec. 3.1-40-55. Reconsideration; requisites. No vote of
14the city council shall be reconsidered or rescinded at a
15special meeting unless there are present at the special
16meeting at least as many alderpersons aldermen as were present
17when the vote was taken.
18(Source: P.A. 87-1119.)
 
19    (65 ILCS 5/3.1-45-5)  (from Ch. 24, par. 3.1-45-5)
20    Sec. 3.1-45-5. Composition; manner of acting. The board of
21trustees shall consist of the president and trustees and,
22except as otherwise provided in this Code, shall exercise the
23same powers and perform the same duties as the city council in
24cities. It shall pass ordinances, resolutions, and motions in

 

 

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1the same manner as a city council. The president of the board
2of trustees may exercise the same veto power and powers in
3Section 3.1-40-30, and with like effect, as the mayor of a
4city. The trustees may pass motions, resolutions, and
5ordinances over the president's veto in like manner as the
6alderpersons aldermen of a city council.
7(Source: P.A. 87-1119.)
 
8    (65 ILCS 5/3.1-45-15)  (from Ch. 24, par. 3.1-45-15)
9    Sec. 3.1-45-15. Powers and duties. The trustees, except as
10otherwise provided in this Code, shall perform the duties and
11exercise the powers conferred upon the alderpersons aldermen
12of a city.
13(Source: P.A. 87-1119.)
 
14    (65 ILCS 5/3.1-55-5)  (from Ch. 24, par. 3.1-55-5)
15    Sec. 3.1-55-5. Certificate of appointment. Whenever a
16person has been appointed or elected to office, the mayor or
17president shall issue a certificate of appointment or
18election, under the corporate seal, to the municipal clerk.
19All officers elected or appointed under this Code, except the
20municipal clerk, alderperson alderman, mayor, trustees, and
21president, shall be commissioned by warrant, under the
22corporate seal, signed by the municipal clerk and the mayor,
23acting mayor, or mayor pro tem, or presiding officer of the
24corporate authorities.

 

 

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1(Source: P.A. 87-1119.)
 
2    (65 ILCS 5/4-1-2)  (from Ch. 24, par. 4-1-2)
3    Sec. 4-1-2. Definitions. In this Article, unless the
4context otherwise requires:
5    (a) Any office or officer named in Any act referred to in
6this Article, when applied to cities or villages under the
7commission form of municipal government, means the office or
8officer having the same functions or duties under this Article
9or under ordinances passed by authority of this Article.
10    (b) "Commissioner", "alderperson alderman", or "village
11trustee" means commissioner when applied to duties under this
12Article.
13    (c) "City council", "board of trustees", or "corporate
14authorities" means "council" when applied to duties under this
15Article.
16    (d) "Franchise" includes every special privilege or right
17in the streets, alleys, highways, bridges, subways, viaducts,
18air, waters, public places, and other public property that
19does not belong to the citizens generally by common right,
20whether granted by the State or the city or village.
21    (e) "City" includes village.
22    (f) "Municipal" or "municipality" means either city or
23village.
24    (g) "Treating" means the entertaining of a person with
25food, drink, tobacco, or drugs.

 

 

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1    (h) "Treats" means the food, drink, tobacco, or drugs,
2requested, offered, given, or received, in treating or for the
3entertainment of a person.
4(Source: P.A. 87-1119.)
 
5    (65 ILCS 5/4-10-1)  (from Ch. 24, par. 4-10-1)
6    Sec. 4-10-1. Any municipality, which has operated for more
7than 2 years under the commission form of municipal
8government, may abandon its operation under this article and
9accept the provisions of the general law of the State then
10applicable to municipalities, by proceedings as follows:
11    When a petition signed by electors of the municipality
12equal in number to at least 25% of the number of votes cast for
13the candidates for mayor at the last preceding general
14quadrennial municipal election is filed with the municipal
15clerk, the clerk shall certify the proposition to the proper
16election authorities for submission to the electors of the
17municipality. The proposition shall be in substantially the
18following form:
19-------------------------------------------------------------
20    Shall the city (or village)       YES
21of.... retain the commission     ----------------------------
22form of municipal government?         NO
23-------------------------------------------------------------
24    In municipalities which have adopted the City Election
25Law, however, this proposition shall be filed with the clerk

 

 

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1of that board. However, in municipalities with less than
250,000 inhabitants this proposition shall only be submitted
3within the year preceding the expiration of the terms of
4office of the elective officers of the municipality and shall
5not be submitted more often than once in that year. In
6municipalities with 50,000 or more inhabitants this
7proposition shall not be submitted more often than once in 22
8months.
9    If a majority of the votes cast on this proposition are
10against the proposition, the officers elected at the next
11succeeding general municipal election shall be those then
12prescribed in Article 3. Upon the qualification of these
13officers the municipality shall become a city or village under
14this Code, but this change shall not affect in any manner or
15degree the property rights or liabilities of any nature of the
16municipality, but shall merely extend to the change in its
17form of government.
18    The first city council or board of trustees elected after
19the abandonment of the commission form of municipal government
20shall have the same number of alderpersons aldermen or
21trustees as were provided in the municipality at the time of
22its adoption of this article, and the municipality shall have
23the same ward and precinct boundaries.
24(Source: P.A. 81-1489.)
 
25    (65 ILCS 5/5-1-4)  (from Ch. 24, par. 5-1-4)

 

 

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1    Sec. 5-1-4. Procedure for adopting managerial form of
2government.
3    (a) Cities and villages described in Section 5-1-1, in
4order to vest themselves with the managerial form of municipal
5government, shall act in accordance with the procedure
6provided in Sections 5-1-4 through 5-1-11 unless modified
7elsewhere in this Article 5. In cities that are operating
8under Section 3.1-20-10 and villages operating under Section
93.1-25-75 at the time of the adoption of this Article 5, the
10forms of petition and ballot prescribed in Sections 5-1-5 and
115-1-7 may at the option of the petitioners be modified to
12contain the following additional proposition:
13        Shall (name of city or village), if it adopts the
14    managerial form of municipal government, continue to elect
15    alderpersons aldermen (or trustees) from wards (or
16    districts)?
17    (b) In any city operating under Section 3.1-20-10 at the
18time of adoption of this Article 5, at the option of the
19petitioners and in addition to the optional proposition
20provided for in subsection (a), the forms of petition and
21ballot prescribed in Sections 5-1-6 and 5-1-8 may be further
22modified to contain the following additional proposition:
23        Shall only one alderperson alderman hereafter be
24    elected from each ward if (name of city) adopts the
25    managerial form of municipal government and also elects to
26    continue the alderperson aldermanic organization for the

 

 

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1    city council?
2    (c) If 2 or more forms of petition allowed under this
3Section are presented to the chief judge of the circuit court
4or any judge of that circuit designated by the chief judge, the
5judge shall cause only the question or questions contained in
6the first petition so presented to be submitted to referendum,
7if he or she finds that the petition is in proper form and
8legally sufficient.
9    (d) If a majority of the electors voting on the
10proposition vote to adopt the managerial form of municipal
11government, then this Article 5 shall become effective in the
12city or village upon the date of the next general municipal
13election at which any corporate authority is elected. The
14operation of the managerial form of municipal government, for
15purposes of voting on the question to abandon set out in
16Section 5-5-1, however, shall not be deemed to begin until a
17manager is appointed.
18    (e) The city council or board of trustees of a city or
19village that adopts the provisions of this Article 5 under
20this Section may, if it so desires, by the adoption of an
21ordinance immediately after the adoption of this Article 5 has
22been proclaimed, appoint a city or village manager and
23reorganize the administration of the municipality in
24conformance with this Article 5. This Article 5, except as to
25the membership of the council in cities or villages in which
26representation by wards or districts has not been retained,

 

 

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1shall be in effect upon the proclamation of the results of the
2adopting referendum.
3(Source: P.A. 87-1119.)
 
4    (65 ILCS 5/5-2-1)  (from Ch. 24, par. 5-2-1)
5    Sec. 5-2-1. If a city or village adopts the managerial
6form of municipal government and also elects to choose
7alderpersons aldermen or trustees, as the case may be, from
8wards or districts, then the city council shall be constituted
9as provided in Sections 5-2-2 through 5-2-10 and the village
10board shall be constituted as provided in Section 5-2-11 and
11the incumbent alderpersons aldermen, trustees, mayor,
12president, clerk and treasurer shall continue in office until
13expiration of their present terms. If a city has voted to elect
14only one alderperson alderman from each ward then no election
15for a successor for the alderperson alderman from each ward
16whose term next expires shall be held, and upon the expiration
17of the terms of the alderpersons aldermen having the longest
18time to serve at the time of adoption of this Article 5 only
19one successor shall be elected from each ward. In case a city
20votes to elect only one alderperson alderman from each ward,
21the number of alderpersons aldermen prescribed by Section
225-2-2 shall be halved, for the purposes of this Article 5 and
23the provisions of Section 5-2-4 prescribing the number of
24wards shall not apply but such city shall have an equal number
25of wards and alderpersons aldermen. The mayor of a city and the

 

 

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1president of a village board shall be elected from the city or
2village at large.
3(Source: Laws 1961, p. 576.)
 
4    (65 ILCS 5/5-2-2)  (from Ch. 24, par. 5-2-2)
5    Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
6the number of alderpersons aldermen, when not elected by the
7minority representation plan, shall be as follows: In cities
8not exceeding 3,000 inhabitants, 6 alderpersons aldermen;
9exceeding 3,000, but not exceeding 15,000, 8 alderpersons
10aldermen; exceeding 15,000 but not exceeding 20,000, 10
11alderpersons aldermen; exceeding 20,000 but not exceeding
1230,000, 14 alderpersons aldermen; and 2 additional
13alderpersons aldermen for every 20,000 inhabitants over
1430,000. In all cities of less than 500,000, 20 alderpersons
15aldermen shall be the maximum number permitted except as
16otherwise provided in the case of alderpersons-at-large
17aldermen-at-large. No redistricting shall be required in order
18to reduce the number of alderpersons aldermen heretofore
19provided for. Two alderpersons aldermen shall be elected to
20represent each ward.
21    If it appears from any census specified in Section 5-2-5
22and taken not earlier than 1940 that any city has the requisite
23number of inhabitants to authorize it to increase the number
24of alderpersons aldermen, the city council shall immediately
25proceed to redistrict the city in accordance with the

 

 

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1provisions of Section 5-2-5, and it shall hold the next city
2election in accordance with the new redistricting. At this
3election the alderpersons aldermen whose terms of office are
4not expiring shall be considered alderpersons aldermen for the
5new wards respectively in which their residences are situated.
6At this election a candidate for alderperson alderman may be
7elected from any ward that contains a part of the ward in which
8he or she resided at least one year next preceding the election
9that follows the redistricting, and, if elected, that person
10may be reelected from the new ward he or she represents if he
11or she resides in that ward for at least one year next
12preceding reelection. If there are 2 or more alderpersons
13aldermen with terms of office not expiring and residing in the
14same ward under the new redistricting, the alderperson
15alderman who holds over for that ward shall be determined by
16lot in the presence of the city council, in whatever manner the
17council shall direct and all other alderpersons aldermen shall
18fill their unexpired terms as alderpersons-at-large
19aldermen-at-large. The alderpersons-at-large
20aldermen-at-large, if any, shall have the same power and
21duties as all other alderpersons aldermen but upon expiration
22of their terms the offices of alderpersons-at-large
23aldermen-at-large shall be abolished.
24    If the re-districting results in one or more wards in
25which no alderpersons aldermen reside whose terms of office
26have not expired, 2 alderpersons aldermen shall be elected in

 

 

HB0045- 116 -LRB102 03834 RJF 13848 b

1accordance with the provisions of Section 5-2-8.
2(Source: P.A. 93-847, eff. 7-30-04.)
 
3    (65 ILCS 5/5-2-3)  (from Ch. 24, par. 5-2-3)
4    Sec. 5-2-3. In any city or village of less than 100,000
5inhabitants, a proposition to restrict the number of
6alderpersons aldermen to one-half of the total authorized by
7Section 5-2-2, with one alderperson alderman representing each
8ward, shall be certified by the municipal clerk to the proper
9election authority who shall submit the proposition at an
10election in accordance with the general election law, if a
11petition requesting such action is signed by electors of the
12municipality numbering not less than 10% of the total vote
13cast at the last election for mayor or president of the board
14of trustees of the municipality, and is filed with the city or
15village clerk in accordance with the general election law.
16    The proposition shall be substantially in the following
17form:
18-------------------------------------------------------------
19    Shall the City (or Village) of
20........ restrict the number of alderpersons        YES
21 aldermen to one-half of the total
22 authorized by Section 5-2-2 of the  ------------------------
23 Illinois Municipal Code, with one       NO
24alderperson alderman representing each ward?
25-------------------------------------------------------------

 

 

HB0045- 117 -LRB102 03834 RJF 13848 b

1    If a majority of those voting upon the proposition vote in
2favor of it, all existing aldermanic terms of alderpersons
3shall expire as of the date of the next regular aldermanic
4election of alderpersons, at which time a full complement of
5alderpersons aldermen shall be elected for the full term.
6(Source: P.A. 81-1489.)
 
7    (65 ILCS 5/5-2-3.1)  (from Ch. 24, par. 5-2-3.1)
8    Sec. 5-2-3.1. In any municipality in which only one
9alderperson alderman is elected from each ward, a proposition
10to stagger the terms of alderpersons aldermen, with as nearly
11as possible one-half of the alderpersons aldermen elected
12every 2 years, shall be certified to the proper election
13authority who shall submit the proposition at an election in
14accordance with the general election law, if a petition
15requesting such action is signed by electors of the
16municipality numbering at least 10% of the total vote cast at
17the last election for mayor or president of the board of
18trustees of the municipality and is filed with the municipal
19clerk.
20    The proposition shall be substantially in the following
21form:
22-------------------------------------------------------------
23    Shall the City (or Village) of        YES
24............ adopt a system of    ---------------------------
25 staggered terms for alderpersons aldermen?            NO

 

 

HB0045- 118 -LRB102 03834 RJF 13848 b

1-------------------------------------------------------------
2    If a majority of those voting on the proposition vote in
3favor of it, at the next regular election for alderpersons
4aldermen, one alderperson alderman shall be elected from each
5even-numbered ward for a term of 2 years, and one alderperson
6alderman shall be elected from each odd-numbered ward for a
7term of 4 years. Thereafter, their successors shall be elected
8for terms of 4 years.
9(Source: P.A. 81-1489.)
 
10    (65 ILCS 5/5-2-4)  (from Ch. 24, par. 5-2-4)
11    Sec. 5-2-4. Except as otherwise provided in Section 5-2-3,
12every city shall have one-half as many wards as the total
13number of alderpersons aldermen to which the city is entitled.
14The city council, from time to time shall divide the city into
15that number of wards. In the formation of wards the population
16of each shall be as nearly equal, and the wards shall be of as
17compact and contiguous territory, as practicable.
18(Source: Laws 1961, p. 576.)
 
19    (65 ILCS 5/5-2-5)  (from Ch. 24, par. 5-2-5)
20    Sec. 5-2-5. Whenever an official publication of any
21national, state, school, or city census shows that any city
22contains more or less wards than it is entitled to, the city
23council of the city, by ordinance, shall redistrict the city
24into as many wards only as the city is entitled. This

 

 

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1redistricting shall be completed not less than 30 days before
2the first date fixed by law for the filing of candidate
3petitions for the next succeeding election for city officers.
4At this election there shall be elected the number of
5alderpersons aldermen to which the city is entitled.
6(Source: P.A. 81-1489.)
 
7    (65 ILCS 5/5-2-7)  (from Ch. 24, par. 5-2-7)
8    Sec. 5-2-7. If, after a specified census is officially
9published, any city is divided into a greater number of wards
10and has elected a greater number of alderpersons aldermen than
11the city is entitled, nevertheless such division and election
12shall be valid and all acts, resolutions, and ordinances of
13the city council of such city, if in other respects in
14compliance with law, are valid.
15(Source: Laws 1961, p. 576.)
 
16    (65 ILCS 5/5-2-8)  (from Ch. 24, par. 5-2-8)
17    Sec. 5-2-8. Staggered terms; tenure.
18    (a) Alderpersons Aldermen elected at the first election
19for city officers after the election of alderpersons aldermen
20for the initial terms provided for in Section 2-2-11 shall
21draw lots to determine (i) which of the alderpersons aldermen
22in each ward shall hold for a 4 year term and until a successor
23is elected and has qualified and (ii) which in each ward shall
24hold for a 2 year term and until a successor is elected and has

 

 

HB0045- 120 -LRB102 03834 RJF 13848 b

1qualified. All alderpersons aldermen elected after that first
2election shall hold office for a term of 4 years and until
3their successors are elected and have qualified, except in
4cities that adopt a 2 year term as provided in Section
53.1-10-65 and except as is otherwise provided in Section
65-2-3.
7    (b) If a city that has had the minority representation
8plan has voted not to retain the plan, then, at the first
9election for city officers following the vote, 2 alderpersons
10aldermen shall be elected from each ward in the city. Their
11terms shall be staggered by the process specified in this
12Section. The tenure of these alderpersons aldermen and their
13successors shall be the same as that stated in subsection (a).
14(Source: P.A. 87-1119.)
 
15    (65 ILCS 5/5-2-11)  (from Ch. 24, par. 5-2-11)
16    Sec. 5-2-11. In any village which adopts this Article 5,
17the board of trustees by ordinance shall divide and, whenever
18necessary thereafter, shall redistrict the village into 6
19compact and contiguous districts of approximately equal
20population.
21    Each of the districts shall be represented by one trustee
22who shall have been an actual resident of the district for at
23least 6 months prior to his election, unless the trustee is a
24resident of a newly incorporated municipality. Only the
25electors of a district shall elect the trustee from that

 

 

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1district.
2    The provisions of Section 5-2-8 relating to terms of
3office of alderpersons aldermen in cities shall also apply to
4the terms of office of trustees under this section.
5(Source: P.A. 95-646, eff. 1-1-08.)
 
6    (65 ILCS 5/5-2-12)  (from Ch. 24, par. 5-2-12)
7    Sec. 5-2-12. Alderpersons Aldermen or trustees elected at
8large; vacancies; mayor or president to preside.
9    (a) If a city or village adopts the managerial form of
10municipal government but does not elect to choose alderpersons
11aldermen or trustees from wards or districts, then the
12following provisions of this Section shall be applicable.
13    (b) The city council shall be elected at large. In cities
14of less than 50,000 population, the council shall consist of
15(i) the mayor and 4 councilmen or (ii) the mayor and 6
16councilmen if the size of the city council is increased under
17subsection (k). In cities of at least 50,000 but less than
18100,000 population, the council shall consist of the mayor and
196 councilmen. In cities of at least 100,000 but not more than
20500,000 population, the council shall consist of the mayor and
218 councilmen.
22    (c) Except in villages that were governed by Article 4
23immediately before the adoption of the managerial form of
24municipal government, the village board shall be elected at
25large and shall consist of a president and the number of

 

 

HB0045- 122 -LRB102 03834 RJF 13848 b

1trustees provided for in Section 5-2-15 or 5-2-17, whichever
2is applicable.
3    (d) The term of office of the mayor and councilmen shall be
44 years, provided that in cities of less than 50,000, the 2
5councilmen receiving the lowest vote at the first election
6shall serve for 2 years only; in cities of at least 50,000 but
7less than 100,000, the 3 councilmen receiving the lowest vote
8at the first election shall serve for 2 years only; and in
9cities of at least 100,000 but not more than 500,000, the 4
10councilmen receiving the lowest vote at the first election
11shall serve for 2 years only.
12    (e) The election of councilmen shall be every 2 years.
13After the first election, only 2 councilmen in cities of less
14than 50,000, 3 councilmen in cities of at least 50,000 but less
15than 100,000, or 4 councilmen in cities of at least 100,000 but
16not more than 500,000, shall be voted for by each elector at
17the primary elections, and only 2, 3, or 4 councilmen, as the
18case may be, shall be voted for by each elector at each
19biennial general municipal election, to serve for 4 years.
20    (f) In addition to the requirements of the general
21election law, the ballots shall be in the form set out in
22Section 5-2-13. In cities with less than 50,000, the form of
23ballot prescribed in Section 5-2-13 shall be further modified
24by printing in the place relating to councilmen the words
25"Vote for not more than Two", or "Vote for not more than Three"
26if the size of the city council is increased under subsection

 

 

HB0045- 123 -LRB102 03834 RJF 13848 b

1(k), instead of the words "Vote for not more than Four". In
2cities of at least 50,000 but less than 100,000, the ballot
3shall be modified in that place by printing the words "Vote for
4not more than Three" instead of the words "Vote for not more
5than Four". Sections 4-3-5 through 4-3-18, insofar as they may
6be applicable, shall govern the election of a mayor and
7councilmen under this Section.
8    (g) If a vacancy occurs in the office of mayor or
9councilman, the remaining members of the council, within 60
10days after the vacancy occurs, shall fill the vacancy by
11appointment of some person to the office for the balance of the
12unexpired term or until the vacancy is filled by interim
13election under Section 3.1-10-50, and until the successor is
14elected and has qualified.
15    (h) Except in villages that were governed by Article 4
16immediately before the adoption of the managerial form of
17municipal government, in villages that have adopted this
18Article 5 the term of office of the president, the number of
19trustees to be elected, their terms of office, and the manner
20of filling vacancies shall be governed by Sections 5-2-14
21through 5-2-17.
22    (i) Any village that adopts the managerial form of
23municipal government under this Article 5 and that,
24immediately before that adoption, was governed by the
25provisions of Article 4, shall continue to elect a mayor and 4
26commissioners in accordance with Sections 4-3-5 through

 

 

HB0045- 124 -LRB102 03834 RJF 13848 b

14-3-18, insofar as they may be applicable, except that the 2
2commissioners receiving the lowest vote among those elected at
3the first election after this Article 5 becomes effective in
4the village shall serve for 2 years only. After that first
5election, the election of commissioners shall be every 2
6years, and 2 commissioners shall be elected at each election
7to serve for 4 years.
8    (j) The mayor or president shall preside at all meetings
9of the council or board and on all ceremonial occasions.
10    (k) In cities of less than 50,000 population, the city
11council may, by ordinance, provide that the city council
12shall, after the next biennial general municipal election,
13consist of 6 instead of 4 councilmen. If the size of the
14council is increased to 6 councilmen, then at the next
15biennial general municipal election, the electors shall vote
16for 4 instead of 2 councilmen. Of the 4 councilmen elected at
17that next election, the one receiving the lowest vote at that
18election shall serve a 2-year term. Thereafter, all terms
19shall be for 4 years.
20(Source: P.A. 95-862, eff. 8-19-08.)
 
21    (65 ILCS 5/5-2-17)  (from Ch. 24, par. 5-2-17)
22    Sec. 5-2-17. Trustees; certain villages incorporated under
23special Acts.
24    (a) In every village specified in Section 5-2-12
25incorporated and existing under any special Act that, before

 

 

HB0045- 125 -LRB102 03834 RJF 13848 b

1June 4, 1909, under any special Act, annually elected members
2of its legislative body, the electors of the village, instead
3of the legislative body now provided for by law, shall elect 6
4trustees. They shall hold their offices until their respective
5successors are elected and have qualified. At the first
6meeting of this board of 6 trustees, the terms of office of the
7trustees shall be staggered. Thereafter, the terms shall be
8for the same length of time as provided for alderpersons
9aldermen in Section 3.1-20-35.
10    (b) The electors of a village or incorporated town
11described in subsection (a) may, however, adopt a 2 year term
12for their trustees as provided in Section 3.1-10-65. If this 2
13year term is adopted, then at the next general municipal
14election in the adopting village, 3 trustees shall be elected,
15and they shall hold their offices for terms of one year each.
16In the next succeeding year, and in each year thereafter, 3
17trustees shall be elected in the adopting village, and they
18shall hold their offices for terms of 2 years each.
19    (c) Any village described in subsection (a) that, before
20January 2, 1942, has adopted a 2 year term for its trustees and
21is now electing 3 trustees each year shall continue to elect 3
22trustees each year for a term of 2 years each. Any village
23described in subsection (a) that, before January 2, 1942, has
24adopted a 2 year term for its trustees but is not now electing
253 trustees each year shall elect 3 trustees at the next general
26municipal election in that village, and they shall hold their

 

 

HB0045- 126 -LRB102 03834 RJF 13848 b

1offices for terms of one year each. In the next succeeding
2year, and in each year thereafter, 3 trustees shall be
3elected, and they shall hold their offices for terms of 2 years
4each.
5(Source: P.A. 87-1119.)
 
6    (65 ILCS 5/5-2-18)  (from Ch. 24, par. 5-2-18)
7    Sec. 5-2-18. In any city which has adopted this Article 5
8and which elects a mayor and councilmen as provided in Section
95-2-12, a proposition to elect alderpersons aldermen from
10wards as provided in Article 3 of this Code, except that only
11one alderperson alderman may be elected from each ward, shall
12be certified by the city clerk to the proper election
13authority who shall submit such proposition at the general
14municipal election in accordance with the general election
15law, if a petition signed by electors of the city numbering not
16less than 10% of the total vote cast for mayor at the last
17preceding election, is filed with the city clerk.
18    The proposition shall be substantially in the following
19form:
20-------------------------------------------------------------
21    Shall the city of.... be divided
22into wards with one alderperson alderman to be          YES
23elected from each ward, but with the   ----------------------
24mayor to be elected from the city           NO
25at large?

 

 

HB0045- 127 -LRB102 03834 RJF 13848 b

1-------------------------------------------------------------
2    If a majority of those voting on the proposition vote
3"yes", then the sitting city council shall proceed to divide
4the city into wards in the manner provided in Article 3 and one
5alderperson alderman shall be elected from each ward at the
6next general municipal election of any city officer. Upon the
7election and qualification of such alderpersons aldermen the
8terms of office of all sitting councilmen shall expire. After
9the adoption of such proposition the provisions of Article 3
10shall be applicable to the division of the city into wards and
11to the election of the mayor and alderpersons aldermen of such
12city, except that only one alderperson alderman shall be
13elected from each ward.
14(Source: P.A. 81-1489.)
 
15    (65 ILCS 5/5-2-18.1)  (from Ch. 24, par. 5-2-18.1)
16    Sec. 5-2-18.1. In any city or village which has adopted
17this Article and also has elected to choose alderpersons
18aldermen from wards or trustees from districts, as the case
19may be, a proposition to elect the city council at large shall
20be submitted to the electors in the manner herein provided.
21    Electors of such city or village, equal to not less than
2210% of the total vote cast for all candidates for mayor or
23president in the last preceding municipal election for such
24office, may petition for the submission to a vote of the
25electors of that city or village the proposition whether the

 

 

HB0045- 128 -LRB102 03834 RJF 13848 b

1city council shall be elected at large. The petition shall be
2in the same form as prescribed in Section 5-1-6, except that
3said petition shall be modified as to the wording of the
4proposition to be voted upon to conform to the wording of the
5proposition as hereinafter set forth, and shall be filed with
6the city clerk in accordance with the general election law.
7The clerk shall certify the proposition to the proper election
8authorities who shall submit the proposition at an election in
9accordance with the general election law.
10    However, such proposition shall not be submitted at the
11general primary election for the municipality.
12    The proposition shall be in substantially the following
13form:
14-------------------------------------------------------------
15    Shall the city (or village) of
16.... elect the city council at           YES
17large instead of alderpersons aldermen           ------------
18(or trustees) from wards (or             NO
19districts)?
20-------------------------------------------------------------
21    If a majority of those voting on the proposition vote
22"yes", then the city council shall be elected at large at the
23next general municipal election and the provisions of Section
245-2-12 shall be applicable. Upon the election and
25qualification of such council men or trustees, the terms of
26all sitting alderpersons aldermen shall expire.

 

 

HB0045- 129 -LRB102 03834 RJF 13848 b

1(Source: P.A. 81-1489.)
 
2    (65 ILCS 5/5-2-18.2)  (from Ch. 24, par. 5-2-18.2)
3    Sec. 5-2-18.2. In any city which has adopted this Article,
4and also has elected to choose alderpersons aldermen from
5wards, a proposition to elect part of the city council at large
6and part from districts shall be submitted to the electors
7upon the petition herein provided.
8    Electors of such city, equal in number to not less than 10%
9of the total vote cast for all candidates for mayor in the last
10preceding municipal election for such office, may petition for
11the submission to a vote of the electors of that city the
12proposition whether part of the city council shall be elected
13at large and part from districts. The petition shall be in the
14same form as prescribed in Section 5-1-6, except that said
15petition shall be modified as to the wording of the
16proposition to be voted upon, to conform to the wording of the
17proposition as hereinafter set forth, and shall be filed with
18the city clerk in accordance with the general election law.
19The city clerk shall certify the proposition to the proper
20election authorities who shall submit the proposition at an
21election in accordance with the general election law.
22    However, such proposition shall not be submitted at the
23general primary election for the municipality.
24    The proposition shall be substantially in the following
25form:

 

 

HB0045- 130 -LRB102 03834 RJF 13848 b

1-------------------------------------------------------------
2    Shall the city of....
3elect part of the councilmen          YES
4at large and part of             ----------------------------
5the councilmen from                   NO
6districts?
7-------------------------------------------------------------
8    If a majority of those voting on the proposition vote
9"yes", then at the next general municipal election and every 4
10years thereafter, a mayor and part of the councilmen shall be
11elected at large and part of the councilmen shall be elected
12from wards, the total number of councilmen to be elected to
13equal the number of alderpersons aldermen authorized to be
14elected prior to adoption of the proposition.
15    The city council shall divide the city, whenever necessary
16thereafter, into districts which shall be of as compact and
17contiguous territory as practicable and of approximately equal
18population. The number of such districts shall be equal to
19half the number of alderpersons aldermen then authorized to be
20elected to office in such city. If there is an odd number of
21such alderpersons aldermen, the number of districts
22established shall be equal to the number which represents a
23majority of the number of such alderpersons aldermen.
24    One councilman, who is an actual resident of the district,
25shall be elected from each district. Only the electors of a
26district shall elect a councilman from that district. The rest

 

 

HB0045- 131 -LRB102 03834 RJF 13848 b

1of the number of councilmen authorized shall be elected at
2large.
3    The mayor and councilmen shall hold their respective
4offices for the term of 4 years and until their successors are
5elected and qualified. Upon the election and qualification of
6the councilmen, the terms of all sitting alderpersons aldermen
7shall expire.
8(Source: P.A. 81-1489.)
 
9    (65 ILCS 5/5-2-18.7)  (from Ch. 24, par. 5-2-18.7)
10    Sec. 5-2-18.7. In any city which has adopted this Article,
11and is electing the city council at large or has elected to
12choose alderpersons aldermen from wards, a proposition to
13elect part of the city council at large and part from districts
14with staggered four year terms and biennial elections for
15councilmen shall be submitted to the electors upon initiation
16in the manner herein provided.
17    Electors of such city, equal in number to not less than 10%
18of the total vote cast for all candidates for mayor in the last
19preceding municipal election for such office, may petition for
20submission, or, in the alternative, the city council may by
21ordinance without a petition cause to be submitted, to a vote
22of the electors of that city the proposition whether part of
23the city council shall be elected at large and part from
24districts with staggered four year terms and biennial
25elections for councilmen. The petition shall be in the same

 

 

HB0045- 132 -LRB102 03834 RJF 13848 b

1form as prescribed in Section 5-1-6, except that the petition
2shall be modified as to the wording of the proposition to be
3voted upon, to conform to the wording of the proposition as
4hereinafter set forth, and shall be filed with the city clerk
5in accordance with the general election law. The city clerk
6shall certify the proposition to the proper election
7authorities who shall submit the proposition at an election in
8accordance with the general election law.
9    However, such proposition shall not be submitted at the
10general primary election for the municipality.
11    The proposition shall be substantially in the following
12form:
13-------------------------------------------------------------
14    Shall the city of....
15elect part of the councilmen at large      YES
16and part of the councilmen from        ----------------------
17districts with staggered four year         NO
18terms and biennial elections?
19-------------------------------------------------------------
20    If a majority of those voting on the proposition vote
21"yes", then at the next general municipal election at which a
22mayor is to be elected, a mayor and councilmen shall be elected
23as hereinafter provided.
24    In cities of less than 50,000 population, the council
25shall consist of the mayor and 6 councilmen, 2 councilmen
26being elected at large and 4 councilmen being elected from

 

 

HB0045- 133 -LRB102 03834 RJF 13848 b

1districts. In cities of 50,000 and not more than 500,000
2population, the council shall consist of the mayor and 8
3councilmen, 3 councilmen being elected at large and 5
4councilmen being elected from districts.
5    The city council shall divide the city, whenever necessary
6thereafter, into districts which shall be of as compact and
7contiguous territory as practicable and of approximately equal
8population. The number of such districts shall be the same as
9the number of councilmen to be elected from districts.
10    One councilman who is an actual resident of the district,
11shall be elected from each district. Only the electors of a
12district shall elect a councilman from that district. The rest
13of the number of councilmen authorized shall be elected at
14large.
15    The term of office of the Mayor and Councilmen shall be 4
16years, provided that at the first election the Councilmen
17elected at large shall serve for 2 years only. Thereafter the
18election of Councilmen shall be biennial, and after the first
19election the Mayor and all Councilmen shall be elected for 4
20year terms to fill expiring terms of incumbents.
21    The Mayor and Councilmen shall hold their respective
22offices for the term of 4 years as herein provided, and until
23their successors are elected and qualified. Upon the election
24and qualification of the Councilmen, the terms of all sitting
25alderpersons aldermen or councilmen elected at large pursuant
26to the provisions of Section 5-2-12 shall expire.

 

 

HB0045- 134 -LRB102 03834 RJF 13848 b

1    For the first primary election a distinct ballot shall be
2printed for each district. At the top of the ballot shall be
3the following: CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor
4is to be elected) AND COUNCILMEN OF THE CITY OF.... AT THE
5PRIMARY ELECTION. Under the subtitle of FOR MAYOR (when
6applicable) shall be placed the following: (VOTE FOR ONE).
7There shall be placed below the names of the candidates for
8Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
9LARGE. Following this subtitle there shall be an instruction
10in this form, to be altered, however, to conform to the facts:
11(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen
12being elected). Following the names of the candidates for
13councilmen at large, there shall be another subtitle in the
14following form: FOR DISTRICT COUNCILMAN. Following this
15subtitle there shall be the following direction: (VOTE FOR
16ONE). In other respects the ballots shall conform to the
17applicable provisions of Sections 4-3-10 and 5-2-13.
18    To determine the number of nominees who shall be placed on
19the ballot under each subtitle at the general municipal
20election, the number of officers who will be chosen under each
21subtitle shall be multiplied by 2. Only those candidates at
22the primary election shall be nominees under each subtitle at
23the general municipal election and, where but one officer is
24to be elected, the 2 candidates receiving the highest number
25of votes shall be placed upon the ballot for the next
26succeeding general municipal election. Where 2 councilmen are

 

 

HB0045- 135 -LRB102 03834 RJF 13848 b

1to be elected, the 4 candidates receiving the highest number
2of votes shall be placed upon the ballot. Where 3 councilmen
3are to be elected, the names of the 6 candidates receiving the
4highest number of votes shall be placed upon the ballot.
5    The ballots for the election of officers at the first
6general municipal election shall be prepared in compliance
7with Section 4-3-16, with the following changes:
8    (1) Following the names of the candidates for Mayor (when
9applicable) there shall be printed a subtitle: FOR COUNCILMAN
10AT LARGE: following this subtitle shall be an instruction in
11this form: (VOTE FOR NOT MORE THAN ....) (Insert number of
12councilmen to be elected). The names of the nominees for
13councilmen at large shall follow the instruction.
14    (2) Following the names of the nominees for councilmen at
15large shall be printed another subtitle: FOR DISTRICT
16COUNCILMAN. Following this subtitle shall be an instruction in
17this form: (VOTE FOR ONE) and following this instruction shall
18be printed the names of the 2 nominees.
19    Thereafter, the ballots for the biennial election shall be
20prepared as hereinafter provided.
21    For the primary election at which Councilmen at large are
22to be elected the form of the ballot shall be as follows:
23    At the top of the ballot shall be the following:
24CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor is to be
25elected) AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY
26ELECTION. Under the subtitle of FOR MAYOR (when applicable)

 

 

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1shall be placed the following: (VOTE FOR ONE). There shall be
2placed below the names of the candidates for Mayor, if any,
3another subtitle as follows: FOR COUNCILMEN AT LARGE.
4Following this subtitle there shall be an instruction in this
5form, to be altered, however, to conform to the facts: (VOTE
6FOR NOT MORE THAN....) (Insert number of Councilmen being
7elected).
8    For the primary election at which District Councilmen are
9to be elected, a distinct ballot shall be printed for each
10District. There shall be placed below the names of the
11candidates for Mayor (when applicable) another subtitle as
12follows: FOR DISTRICT COUNCILMAN. Following this subtitle
13there shall be an instruction in this form: VOTE FOR ONE. In
14all other respects the ballot shall conform to the applicable
15provisions of Sections 4-3-10 and 5-2-13.
16    To determine the number of nominees who shall be placed on
17the ballot under each subtitle at the general municipal
18election, the number of officers who will be chosen under each
19subtitle shall be multiplied by 2. Only those candidates at
20the primary election shall be nominees under each subtitle at
21the general municipal election and, where but one officer is
22to be elected, the 2 candidates receiving the highest number
23of votes shall be placed upon the ballot for the next
24succeeding general municipal election. Where 2 councilmen are
25to be elected, the 4 candidates receiving the highest number
26of votes shall be placed upon the ballot. Where 3 councilmen

 

 

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1are to be elected, the names of the 6 candidates receiving the
2highest number of votes shall be placed upon the ballot.
3    The ballots for the election of officers at the general
4municipal election shall be prepared in compliance with
5Section 4-3-16, with the following changes:
6    (1) For elections where candidates for Councilmen at large
7are being elected, following the names of candidates for Mayor
8(when applicable) there shall be printed a subtitle as
9follows: FOR COUNCILMEN AT LARGE. Following this subtitle
10there shall be an instruction in this form: (VOTE FOR NOT MORE
11THAN....) (Insert number of Councilmen to be elected). The
12names of the nominees for Councilmen at large shall follow the
13instruction.
14    (2) For elections where district Councilmen are to be
15elected, a distinct ballot shall be printed for each district,
16and following the names of the candidates for Mayor (when
17applicable) there shall be printed a subtitle as follows: FOR
18DISTRICT COUNCILMAN. Following this subtitle there shall be an
19instruction in this form: (VOTE FOR ONE) and following this
20instruction shall be printed the names of the 2 nominees for
21district Councilman.
22    Vacancies shall be filled as prescribed in Section 5-2-12,
23provided that a vacancy in the office of a District Councilman
24shall be filled by a person who is an actual resident of the
25district in which the vacancy occurs.
26(Source: P.A. 95-862, eff. 8-19-08.)
 

 

 

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1    (65 ILCS 5/5-2-19)  (from Ch. 24, par. 5-2-19)
2    Sec. 5-2-19. In any city which was operating under the
3alderperson aldermanic form of government as provided in
4Article 3 at the time of adoption of this Article 5 which did
5not also elect to continue to choose alderpersons aldermen
6from wards, the city clerk and city treasurer shall be
7nominated and elected in the same manner as provided in this
8Article 5 for the nomination and election of the mayor and
9councilmen. To achieve this result: wherever the term "mayor
10or commissioners" appears in Sections 4-3-7 through 4-3-18, it
11shall be construed to include the words "or clerk or
12treasurer". The names of candidates for nomination shall be
13placed on the primary election ballot prescribed in Section
145-2-13 and such ballot shall be modified to include the
15heading "For Clerk--Vote for one" immediately following the
16names of candidates for councilmen and to include the heading
17"For Treasurer--Vote for one" immediately following the names
18of candidates for clerk. The names of the 4 candidates
19receiving the highest number of votes for each of the
20respective offices shall be placed on the general municipal
21election ballot prescribed in Section 5-2-13 which ballot
22shall be modified to include such offices and names in the same
23manner as is provided in this section for the primary ballot.
24If any candidate nominated for the office of clerk or
25treasurer dies or withdraws before the general municipal

 

 

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1election the name of the person receiving the fifth highest
2number of votes for nomination to that office shall be placed
3on the ballot for that election.
4    However, in any city not exceeding 100,000 inhabitants
5which adopts this Article 5 and elects a mayor and
6alderpersons aldermen or councilmen as provided in Section
75-2-12, or Sections 5-2-18 through 5-2-18.8, the council may,
8in lieu of electing a clerk and treasurer as provided in the
9above paragraph, provide by ordinance that the clerk or
10treasurer or both for such city be appointed by the mayor with
11the approval of the city council. If such officers are
12appointed their terms of office, duties, compensation and
13amount of bond required shall be the same as if they were
14elected.
15(Source: P.A. 95-699, eff. 11-9-07.)
 
16    (65 ILCS 5/5-3-1)  (from Ch. 24, par. 5-3-1)
17    Sec. 5-3-1. In cities which do not elect to choose
18alderpersons aldermen from wards and in cities which elect to
19choose councilmen as provided in Sections 5-2-18.1 through
205-2-18.7, the mayor shall have the right to vote on all
21questions coming before the council but shall have no power to
22veto. The mayor and president shall be recognized as the
23official head of the city or village by the courts for the
24purpose of serving civil process and by the Governor for all
25legal purposes.

 

 

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1    The mayor or president of any city or village which adopts
2this Article 5, other than one which at the time of adoption
3was operating under or adopted the commission form of
4government as provided in Article 4 or which does not retain
5the election of alderpersons aldermen by wards or trustees by
6districts, shall have veto power as provided in Sections 5-3-2
7through 5-3-4, and ordinances or measures may be passed over
8his veto as therein provided. Such mayor or president shall
9have the power to vote as provided in Section 5-3-5.
10    If any other Acts or any Article of this Code, other than
11Article 3 or Article 4, provides for the appointment of a
12board, commission, or other agency by the mayor or president,
13such appointments shall be made in manner so provided.
14(Source: P.A. 100-863, eff. 8-14-18.)
 
15    (65 ILCS 5/5-3-3)  (from Ch. 24, par. 5-3-3)
16    Sec. 5-3-3. Every resolution and motion, specified in
17Section 5-3-2, and every ordinance, which is returned to the
18council or board by the mayor or president shall be
19reconsidered by the council or board. If, after such
20reconsideration, two-thirds of all the alderpersons aldermen
21then holding office on the city council or two-thirds of all
22the trustees then holding office on the village board agree to
23pass an ordinance, resolution, or motion, notwithstanding the
24mayor's or president's refusal to approve it, then it shall be
25effective. The vote on the question of passage over the

 

 

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1mayor's or president's veto shall be by yeas and nays, and
2shall be recorded in the journal.
3(Source: Laws 1967, p. 3425.)
 
4    (65 ILCS 5/5-3-4)  (from Ch. 24, par. 5-3-4)
5    Sec. 5-3-4. No vote of the city council or village board
6shall be reconsidered or rescinded at a special meeting,
7unless there are present at the special meeting as many
8alderpersons aldermen or trustees as were present when the
9vote was taken.
10(Source: Laws 1961, p. 576.)
 
11    (65 ILCS 5/5-3-5)  (from Ch. 24, par. 5-3-5)
12    Sec. 5-3-5. The mayor or president of any city or village
13which elects alderpersons aldermen by wards or trustees by
14districts shall not vote on any ordinance, resolution or
15motion except: (1) where the vote of the alderpersons aldermen
16or trustees has resulted in a tie; (or) (2) where one-half of
17the alderpersons aldermen or trustees then holding office have
18voted in favor of an ordinance, resolution or motion even
19though there is no tie vote; or (3) where a vote greater than a
20majority of the corporate authorities is required by this Code
21to adopt an ordinance, resolution or motion. In each instance
22specified, the mayor or president shall vote. The following
23mayors and presidents may vote on all questions coming before
24the council or board: (1) mayors and presidents of cities and

 

 

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1villages operating under this article and Article 4, and (2)
2mayors and presidents of cities and villages which do not
3elect alderpersons aldermen by wards and trustees by
4districts.
5    Nothing in this section shall deprive an acting mayor or
6president or mayor or president pro tem from voting in his
7capacity as alderperson alderman or trustee, but he shall not
8be entitled to another vote in his capacity as acting mayor or
9president or mayor or president pro tem.
10(Source: Laws 1967, p. 3425.)
 
11    (65 ILCS 5/5-3-7)  (from Ch. 24, par. 5-3-7)
12    Sec. 5-3-7. The council or board of trustees, as the case
13may be, shall appoint a municipal manager, who shall be the
14administrative head of the municipal government and who shall
15be responsible for the efficient administration of all
16departments. He shall be appointed without regard to his
17political beliefs and need not be a resident of the city or
18village when appointed. The manager shall be appointed for an
19indefinite term, and the conditions of the manager's
20employment may be set forth in an agreement. In the case of the
21absence or disability of the manager, the council or village
22board may designate a qualified administrative officer of the
23municipality to perform the duties of the manager during such
24absence or disability. The manager may at any time be removed
25from office by a majority vote of the members of the council or

 

 

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1the board.
2    The powers and duties of the manager shall be:
3    (1) To enforce the laws and ordinances within the
4municipality;
5    (2) To appoint and remove all directors of departments. No
6appointment shall be made upon any basis other than that of
7merit and fitness except that if the chief of the fire
8department or the chief of the police department or both of
9them are appointed in the manner as provided by ordinance
10under Section 10-2.1-4 of this code, they may be removed or
11discharged by the appointing authority. In such case the
12appointing authority shall file with the corporate authorities
13the reasons for such removal or discharge, which removal or
14discharge shall not become effective unless confirmed by a
15majority vote of the corporate authorities;
16    (3) To exercise control of all departments and divisions
17thereof created in this Article 5, or that may be created by
18the council or board of trustees;
19    (4) If the city or village was subject to the alderperson
20aldermanic form provisions of Article 3 at the time of
21adoption of this Article 5 to appoint and remove all officers
22who are not required to be elected by Article 3;
23    (5) To have all the powers and exercise all the duties
24granted elsewhere in this Code to municipal clerks and
25comptrollers with respect to the preparation of a report of
26estimated funds necessary to defray the expenses of the city

 

 

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1or village for the fiscal year for the consideration of the
2corporate authorities prior to the preparation of the annual
3appropriation ordinance;
4    (6) To attend all meetings of the council or board of
5trustees with the right to take part in the discussions, but
6with no right to vote;
7    (7) To recommend to the council or board of trustees for
8adoption such measures as he may deem necessary or expedient;
9    (8) To perform such other duties as may be prescribed by
10this Article 5 or may be required of him by ordinance or
11resolution of the board of trustees or council.
12(Source: P.A. 86-1023; 86-1039.)
 
13    (65 ILCS 5/5-3-8)  (from Ch. 24, par. 5-3-8)
14    Sec. 5-3-8. Under the general supervision and
15administrative control of the manager, there shall be such
16departments as the council or village board may prescribe by
17ordinance.
18    All officers of any city or village shall take and
19subscribe the oath required by Section 5-3-9. All such
20officers, except the mayor, president, alderpersons aldermen,
21councilmen, and trustees, shall execute bonds in the manner
22provided by Section 5-3-9, which bonds shall be filed with the
23clerk of the council or clerk of the village board.
24(Source: Laws 1961, p. 576.)
 

 

 

HB0045- 145 -LRB102 03834 RJF 13848 b

1    (65 ILCS 5/5-4-1)  (from Ch. 24, par. 5-4-1)
2    Sec. 5-4-1. The mayor and councilmen elected under the
3provisions of Section 5-2-12 shall each receive for the
4performance of their respective duties annual salaries fixed
5by the council or village board. The corporate authorities in
6cities which retain the election of alderpersons aldermen by
7wards and the corporate authorities in villages shall receive
8salaries as allowed in Sections 3-13-4 through 3-13-7,
9whichever is appropriate.
10(Source: Laws 1961, p. 576.)
 
11    (65 ILCS 5/5-4-3)  (from Ch. 24, par. 5-4-3)
12    Sec. 5-4-3. In cities of not less than 100,000 and not more
13than 500,000 population which did not also elect to continue
14to choose alderpersons aldermen from wards, the city clerk
15shall receive a salary of not less than $8,500 per year and the
16city treasurer shall receive a salary of not less than $7,000
17per year.
18(Source: Laws 1961, p. 576.)
 
19    (65 ILCS 5/5-5-1)  (from Ch. 24, par. 5-5-1)
20    Sec. 5-5-1. Petition for abandonment of managerial form;
21referendum; succeeding elections of officers and alderpersons
22aldermen or trustees.
23    (a) A city or village that has operated for 4 years or more
24under the managerial form of municipal government may abandon

 

 

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1that organization as provided in this Section. For the
2purposes of this Article, the operation of the managerial form
3of municipal government shall be deemed to begin on the date of
4the appointment of the first manager in the city or village.
5When a petition for abandonment signed by electors of the
6municipality equal in number to at least 10% of the number of
7votes cast for candidates for mayor at the preceding general
8quadrennial municipal election is filed with the circuit court
9for the county in which that city or village is located, the
10court shall set a date not less than 10 nor more than 30 days
11thereafter for a hearing on the sufficiency of the petition.
12Notice of the filing of the petition and of the date of the
13hearing shall be given in writing to the city or village clerk
14and to the mayor or village president at least 7 days before
15the date of the hearing. If the petition is found sufficient,
16the court shall enter an order directing that the proposition
17be submitted at an election other than a primary election for
18the municipality. The clerk of the court shall certify the
19proposition to the proper election authorities for submission.
20The proposition shall be in substantially the following form:
21        Shall (name of city or village) retain the managerial
22    form of municipal government?
23    (b) If the majority of the votes at the election are "yes",
24then the proposition to abandon is rejected and the
25municipality shall continue operating under this Article 5. If
26the majority of the votes are "no", then the proposition to

 

 

HB0045- 147 -LRB102 03834 RJF 13848 b

1abandon operation under this Article 5 is approved.
2    (c) If the proposition for abandonment is approved, the
3city or village shall become subject to Article 3.1 or Article
44, whichever Article was in force in the city or village
5immediately before the adoption of the plan authorized by this
6Article 5, upon the election and qualification of officers to
7be elected at the next succeeding general municipal election.
8Those officers shall be those prescribed by Article 3.1 or
9Article 4, as the case may be, but the change shall not in any
10manner or degree affect the property rights or liabilities of
11the city or village. The mayor, clerk, and treasurer and all
12other elected officers of a city or village in office at the
13time the proposition for abandonment is approved shall
14continue in office until the expiration of the term for which
15they were elected.
16    (d) If a city or village operating under this Article 5 has
17alderpersons aldermen or trustees elected from wards or
18districts and a proposition to abandon operation under this
19Article 5 is approved, then the officers to be elected at the
20next succeeding general municipal election shall be elected
21from the same wards or districts as exist immediately before
22the abandonment.
23    (e) If a city or village operating under this Article 5 has
24a council or village board elected from the municipality at
25large and a proposition to abandon operation under this
26Article 5 is approved, then the first group of alderpersons

 

 

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1aldermen, board of trustees, or commissioners so elected shall
2be of the same number as was provided for in the municipality
3at the time of the adoption of a plan under this Article 5,
4with the same ward or district boundaries in cities or
5villages that immediately before the adoption of this Article
65 had wards or districts, unless the municipal boundaries have
7been changed. If there has been such a change, the council or
8village board shall so alter the former ward or district
9boundaries so as to conform as nearly as possible to the former
10division. If the plan authorized by this Article 5 is
11abandoned, the next general municipal election for officers
12shall be held at the time specified in Section 3.1-10-75 or
133.1-25-15 for that election. The alderpersons aldermen or
14trustees elected at that election shall, if the city or
15village was operating under Article 3 at the time of adoption
16of this Article 5 and had at that time staggered 4 year terms
17of office for the alderpersons aldermen or trustees, choose by
18lot which shall serve initial 2 year terms as provided by
19Section 3.1-20-35 or 3.1-15-5, whichever may be applicable, in
20the case of election of those officers at the first election
21after a municipality is incorporated.
22    (f) The proposition to abandon the managerial form of
23municipal government shall not be submitted in any city or
24village oftener than once in 46 months.
25(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 

 

 

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1    (65 ILCS 5/5-5-5)  (from Ch. 24, par. 5-5-5)
2    Sec. 5-5-5. Any city or village which has adopted this
3Article 5 and was operating under Article 4 at the time of such
4adoption may upon abandonment of this Article 5 also abandon
5operation under Article 4, as provided in Section 4-10-1, and
6by so doing shall become subject to the alderperson aldermanic
7form provisions of Article 3 and shall be subject to the
8provisions of that Article 3 the same as if it had been
9operating under Article 3 at the time this Article 5 was
10adopted, except for any period of time after abandonment of
11this Article 5 necessary to make the provisions of Article 3
12fully and completely applicable.
13    Any city or village which has adopted this Article 5 and
14was operating under Article 3 at the time of such adoption may
15upon abandonment of this Article 5 also abandon operation
16under Article 3 by adopting Article 4, as provided in Sections
174-2-2 through 4-2-9, and by so doing shall become subject to
18the provisions of Article 4 and shall be subject to the
19provisions of that Article 4 the same as if it had been
20operating under Article 4 at the time this Article 5 was
21adopted, except for any period of time after abandonment of
22this Article 5 necessary to make the provisions of Article 4
23fully and completely applicable.
24(Source: Laws 1961, p. 576.)
 
25    (65 ILCS 5/6-3-2)  (from Ch. 24, par. 6-3-2)

 

 

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1    Sec. 6-3-2. Termination of terms of office.
2    The terms of office of all elected municipal officers
3holding office at the time of the issuance of the certificate
4of adoption of the strong mayor form of government by the
5municipality pursuant to Division 2 of this Article 6 shall
6terminate upon the election and qualification for office of
7municipal officers pursuant to this Division 3 of Article 6,
8except that where an existing form of municipal government has
9the same number of wards as would be required hereunder, the
10alderpersons aldermen holding office at the time of the
11issuance of the certificate of adoption shall serve until the
12expiration of the terms for which they were elected.
13(Source: P.A. 76-746.)
 
14    (65 ILCS 5/6-3-3)  (from Ch. 24, par. 6-3-3)
15    Sec. 6-3-3. Municipal officers - Terms.
16    The municipality shall have the following elected
17officers: one mayor, one municipal clerk and one municipal
18treasurer, all of whom shall be elected at large, and
19alderpersons aldermen, the number of which shall be as
20follows: In cities not exceeding 25,000 inhabitants, 8
21alderpersons aldermen; between 25,001 and 40,000, 10
22alderpersons aldermen; between 40,001 and 60,000, 14
23alderpersons aldermen; between 60,001 and 80,000, 16
24alderpersons aldermen; and exceeding 80,000, 20 alderpersons
25aldermen. Two alderpersons aldermen shall be elected to

 

 

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1represent each ward.
2(Source: P.A. 76-746.)
 
3    (65 ILCS 5/6-3-4)  (from Ch. 24, par. 6-3-4)
4    Sec. 6-3-4. Terms of office.
5    All terms of office of officials elected pursuant to this
6Division 3 of Article 6 shall be for terms of 4 years, except
7that alderpersons aldermen elected at the first election for
8city officers held pursuant to this Article 6 shall draw lots
9so that one-half of the alderpersons aldermen shall hold for a
104 year term, and until their successors are elected and
11qualified, and one-half of the alderpersons aldermen shall
12hold for a 2 year term, and until their successors are elected
13and qualified. All alderpersons aldermen thereafter elected
14shall hold office for a term of 4 years, and until their
15successors are elected and have qualified.
16(Source: P.A. 76-746.)
 
17    (65 ILCS 5/6-3-5)  (from Ch. 24, par. 6-3-5)
18    Sec. 6-3-5. Division into wards.
19    Every city shall have as many wards as one-half the total
20number of alderpersons aldermen to which the city is entitled.
21The city council, from time to time shall divide the city into
22that number of wards. In the formation of wards the population
23of each ward as determined by the latest city, state or
24national census shall be as nearly equal and the wards shall be

 

 

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1of as compact and contiguous territory, as practicable.
2(Source: P.A. 76-746.)
 
3    (65 ILCS 5/6-3-6)  (from Ch. 24, par. 6-3-6)
4    Sec. 6-3-6. Redistricting of city. Whenever an official
5publication of any national, state, school, or city census
6shows that any city contains more or less wards than it is
7entitled to, the city council of the city, by ordinance, shall
8redistrict the city into as many wards only as the city is
9entitled. This redistricting shall be completed not less than
1030 days before the first date on which candidate petitions may
11be filed for the next succeeding general municipal election.
12At this election there shall be elected the number of
13alderpersons aldermen to which the city is entitled.
14(Source: P.A. 81-1489.)
 
15    (65 ILCS 5/6-3-7)  (from Ch. 24, par. 6-3-7)
16    Sec. 6-3-7. Ward division and election of alderpersons
17aldermen - Validation.
18    If, after a census is officially published, any city is
19divided into a greater or lesser number of wards and has
20elected a greater or lesser number of alderpersons aldermen
21than the city is entitled, nevertheless such division and
22election shall be valid and all acts, resolutions and
23ordinances of the city council of such city, if in other
24respects in compliance with law, are valid.

 

 

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1(Source: P.A. 76-746.)
 
2    (65 ILCS 5/6-3-8)  (from Ch. 24, par. 6-3-8)
3    Sec. 6-3-8. Resignation; vacancy. An alderperson alderman
4may resign from his or her office. A vacancy occurs in the
5office of alderperson alderman by reason of resignation,
6failure to elect or qualify, death, permanent physical or
7mental disability, conviction of a disqualifying crime,
8abandonment of office, or removal from office. If a vacancy
9occurs in the office of alderperson alderman in one of these
10ways or otherwise, the vacancy shall be filled as provided in
11Sections 3.1-10-50 and 3.1-10-55. An appointment to fill a
12vacancy shall be made within 60 days after the vacancy occurs.
13The requirement that an appointment be made within 60 days is
14an exclusive power and function of the State and is a denial
15and limitation under Article VII, Section 6, subsection (h) of
16the Illinois Constitution of the power of a home rule
17municipality to require that an appointment be made within a
18different period after the vacancy occurs.
19(Source: P.A. 87-1052; 87-1119; 88-45.)
 
20    (65 ILCS 5/6-3-9)  (from Ch. 24, par. 6-3-9)
21    Sec. 6-3-9. Qualifications of mayor, city clerk, city
22treasurer and alderpersons aldermen - Eligibility for other
23office.
24    No person shall be eligible to the office of mayor, city

 

 

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1clerk, city treasurer or alderperson alderman:
2    (1) Unless he is a qualified elector of the municipality
3and has resided therein at least one year next preceding his
4election or appointment; or
5    (2) Unless, in the case of alderpersons aldermen, he
6resides within the ward for which he is elected; or
7    (3) If he is in arrears in the payment of any tax or other
8indebtedness due to the city; or
9    (4) If he has been convicted in Illinois state courts or in
10courts of the United States of malfeasance in office, bribery,
11or other infamous crime.
12    No alderperson alderman shall be eligible to any office,
13except that of acting mayor or mayor pro tem, the salary of
14which is payable out of the city treasury, if at the time of
15his appointment he is a member of the city council.
16(Source: P.A. 76-746.)
 
17    (65 ILCS 5/6-3-10)  (from Ch. 24, par. 6-3-10)
18    Sec. 6-3-10. General elections - Time for.
19    The first general election pursuant to this Division 3 of
20Article 6 shall be held at the time the next general municipal
21election would have been held had the municipality not adopted
22this Article 6. At the first general election so held, one
23mayor, one municipal clerk, one municipal treasurer shall be
24elected at large and two alderpersons aldermen shall be
25elected from each ward.

 

 

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1(Source: P.A. 76-746.)
 
2    (65 ILCS 5/6-4-3)  (from Ch. 24, par. 6-4-3)
3    Sec. 6-4-3. Reconsideration - Passage over veto.
4    Every ordinance, which is returned to the council by the
5mayor shall be reconsidered by the council. If, after such
6reconsideration, three-fifths of all the alderpersons aldermen
7then holding office on the city council agree to pass an
8ordinance, resolution, or motion, notwithstanding the mayor's
9refusal to approve it, then it shall be effective.
10(Source: P.A. 76-746.)
 
11    (65 ILCS 5/6-4-4)  (from Ch. 24, par. 6-4-4)
12    Sec. 6-4-4. Vote of city council - Reconsideration.
13    No vote of the city council shall be reconsidered or
14rescinded at a special meeting, unless there are present at
15the special meeting as many alderpersons aldermen as were
16present when the vote was taken.
17(Source: P.A. 76-746.)
 
18    (65 ILCS 5/6-5-1)  (from Ch. 24, par. 6-5-1)
19    Sec. 6-5-1. Mayor, clerk, treasurer and alderpersons
20aldermen.
21    The mayor, clerk, treasurer and alderpersons aldermen
22elected under the provisions of this Article 6 shall each
23receive for the performance of their respective duties annual

 

 

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1salaries fixed by the city council. Such salaries shall not be
2increased or decreased during any term of office. They must be
3established six months prior to general municipal elections at
4which such officials are to be voted on.
5(Source: P.A. 76-746.)
 
6    (65 ILCS 5/7-1-15)  (from Ch. 24, par. 7-1-15)
7    Sec. 7-1-15. Any municipality may be annexed to another
8municipality to which it adjoins, by ordinances passed by a
9majority vote of all the alderpersons aldermen, trustees, or
10commissioners then holding office in each municipality
11desiring annexation. These ordinances shall specify the terms
12of the annexation, and they shall be a binding contract if, but
13only if:
14    (1) the annexation provided in these ordinances is
15certified by the clerk to the proper election authority who
16shall submit the question to a vote of the electors of both
17municipalities at an election in accordance with the general
18election law; and if
19    (2) the annexation is approved in each municipality by a
20majority of all the voters voting on that question in each
21municipality. If the ordinances fail to specify the terms of
22annexation or specify only partially the terms of annexation,
23the provisions of this article relating to the annexation of
24one municipality to another shall apply but not as to any terms
25agreed to in the ordinances of annexation.

 

 

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1    The proposition shall be in substantially the following
2form:
3-------------------------------------------------------------
4    Shall the municipality of              YES
5.... be annexed to the municipality  ------------------------
6of....?                                    NO
7-------------------------------------------------------------
8    Annexation shall neither affect nor impair any rights or
9liabilities either in favor of or against either municipality.
10Actions founded upon any right or liability may be commenced
11despite the annexation and, together with pending actions, may
12be prosecuted to final judgment and the enforcement thereof as
13if annexation had not taken place.
14(Source: P.A. 84-546.)
 
15    (65 ILCS 5/7-1-39)  (from Ch. 24, par. 7-1-39)
16    Sec. 7-1-39. After a part of a municipality is annexed to
17another municipality, any mayor, president, alderperson
18alderman, trustee, clerk, treasurer, or attorney for the
19disconnecting municipality, who resides in the detached
20territory, shall continue in office as an officer of the
21disconnecting municipality until his successor has been
22elected at the next regular municipal election in this
23municipality and has qualified for office, or has been
24appointed and has qualified following this election.
25(Source: Laws 1961, p. 576.)
 

 

 

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1    (65 ILCS 5/7-1-42)  (from Ch. 24, par. 7-1-42)
2    Sec. 7-1-42. Redistricting after annexation.
3    (a) If the increase in population resulting from the
4annexation of any territory to a city under the alderperson
5aldermanic form of government is sufficient to entitle that
6city to an increase in the number of alderpersons aldermen as
7provided in Section 3.1-20-10, the corporate authorities shall
8redistrict the city in accordance with Sections 3.1-20-15 and
93.1-20-25. Section 3.1-20-10 shall govern as to the hold-over
10alderpersons aldermen.
11    (b) If the increase in population is not sufficient to
12entitle the city to an increase in the number of alderpersons
13aldermen, the corporate authorities shall make the annexed
14territory a part of the ward or wards that it adjoins.
15    (c) If a village of over 25,000 population is divided into
166 districts as provided in Section 3.1-25-75, the corporate
17authorities shall make any territory annexed to the village a
18part of the districts that the territory adjoins.
19    (d) Nothing contained in this Section 7-1-42 shall prevent
20the corporate authorities of any municipality from
21redistricting the municipality according to law. Whenever the
22enlarged annexing municipality is redistricted, the corporate
23authorities are under no duty to treat the annexed territory
24as a unit and they may divide it as if it had always been a
25part of the municipality.

 

 

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1    (e) The number of inhabitants determined by the last
2national, state, or school census in the annexed territory and
3in the annexing municipality controls in the application of
4this Section.
5(Source: P.A. 87-1119.)
 
6    (65 ILCS 5/7-2-1)  (from Ch. 24, par. 7-2-1)
7    Sec. 7-2-1. Any 2 or more incorporated contiguous
8municipalities wholly or substantially situated in a single
9county may be united into one incorporated city by a
10compliance with Sections 7-1-16 and 7-1-17, with the following
11exceptions:
12    (1) The petition (a) shall be signed by electors of each of
13the municipalities seeking a union, (b) shall state the name
14by which the united municipality is to be known, and (c) shall
15state the form of municipal government under which the united
16municipality is to be governed.
17    (2) The question shall be in substantially the following
18form:
19-------------------------------------------------------------
20    Shall the city, village, or
21incorporated  town  (as  the
22case may be) of............
23and the city, village, or
24incorporated town (as the case        YES
25may be) of..........., (and

 

 

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1in  this  manner  as  far as
2necessary, filling blanks with
3the names of the municipalities
4to be united), be united           --------------------------
5into a  single  municipality
6under the name of..........
7with the........... form of
8municipal government (filling
9the  blank  with  the  word           NO
10"Alderperson" "Aldermanic" or "Commission"
11or the words "Managerial With
12Alderpersons Aldermen Chosen From Wards Or
13Districts" as the case may be)?
14-------------------------------------------------------------
15    No other proposition shall appear thereon.
16    If the majority of the votes cast in each municipality
17specified in the petition is in favor of the proposition, the
18municipalities are united.
19(Source: P.A. 87-278.)
 
20    (65 ILCS 5/7-2-19)  (from Ch. 24, par. 7-2-19)
21    Sec. 7-2-19. Whenever a united city is formed by a
22compliance with Section 7-2-1 and the decision is in favor of
23an alderperson aldermanic form of municipal government, the
24united city shall be governed, after the first election held
25in compliance with Section 7-2-7, by a council composed of a

 

 

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1mayor and a board of alderpersons aldermen selected by the
2electors of the united city as provided by the provisions of
3this Code relating to the election of city officers, except
4that all elections in a united city are controlled by the City
5Election Law as provided in Section 7-2-6.
6(Source: Laws 1961, p. 576.)
 
7    (65 ILCS 5/7-2-28)  (from Ch. 24, par. 7-2-28)
8    Sec. 7-2-28. Whenever a united city is formed by a
9compliance with Section 7-2-1 of municipal government with
10alderpersons aldermen chosen from wards or districts, the
11united city shall be and the decision is in favor of a
12managerial form governed, after the first election held in
13compliance with Section 7-2-7, by a council composed of a
14mayor and a board of alderpersons aldermen selected by the
15electors of the united city as provided by the provisions of
16this Code relating to the election of city officers, except
17all elections in a united city are controlled by the City
18Election Law as provided in Section 7-2-6, and by a municipal
19manager appointed by the council as provided in Article 5.
20(Source: Laws 1965, p. 1267.)
 
21    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
22    Sec. 8-9-1. In municipalities of less than 500,000 except
23as otherwise provided in Articles 4 and 5 any work or other
24public improvement which is not to be paid for in whole or in

 

 

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1part by special assessment or special taxation, when the
2expense thereof will exceed $25,000, shall be constructed
3either (1) by a contract let to the lowest responsible bidder
4after advertising for bids, in the manner prescribed by
5ordinance, except that any such contract may be entered into
6by the proper officers without advertising for bids, if
7authorized by a vote of two-thirds of all the alderpersons
8aldermen or trustees then holding office; or (2) in the
9following manner, if authorized by a vote of two-thirds of all
10the alderpersons aldermen or trustees then holding office,
11to-wit: the commissioner of public works or other proper
12officers to be designated by ordinance, shall superintend and
13cause to be carried out the construction of the work or other
14public improvement and shall employ exclusively for the
15performance of all manual labor thereon, laborers and artisans
16whom the municipality shall pay by the day or hour; and all
17material of the value of $25,000 and upward used in the
18construction of the work or other public improvement, shall be
19purchased by contract let to the lowest responsible bidder in
20the manner to be prescribed by ordinance. However, nothing
21contained in this section shall apply to any contract by a
22city, village or incorporated town with the federal government
23or any agency thereof.
24    In every city which has adopted Division 1 of Article 10,
25every such laborer or artisan shall be certified by the civil
26service commission to the commissioner of public works or

 

 

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1other proper officers, in accordance with the requirement of
2that division.
3    In municipalities of 500,000 or more population the
4letting of contracts for work or other public improvements of
5the character described in this section shall be governed by
6the provisions of Division 10 of this Article 8.
7(Source: P.A. 100-338, eff. 8-25-17.)
 
8    (65 ILCS 5/10-1-30)  (from Ch. 24, par. 10-1-30)
9    Sec. 10-1-30. No officer or employee in the service of
10such municipality shall, directly or indirectly, give or hand
11over to any officer or employee in such service, or to any
12senator or representative or alderperson alderman, councilman,
13trustee or commissioner, any money or other valuable thing, on
14account of or to be applied to the promotion of any party or
15political object whatever.
16(Source: Laws 1961, p. 3252.)
 
17    (65 ILCS 5/10-3-5)  (from Ch. 24, par. 10-3-5)
18    Sec. 10-3-5. Any mayor, president, commissioner,
19alderperson alderman, or trustee, who violates the provisions
20of Section 10-3-3, is guilty of a Class B misdemeanor.
21(Source: P.A. 77-2500.)
 
22    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)
23    Sec. 11-13-1.1. The corporate authorities of any

 

 

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1municipality may in its ordinances passed under the authority
2of this Division 13 provide for the classification of special
3uses. Such uses may include but are not limited to public and
4quasi-public uses affected with the public interest, uses
5which may have a unique, special or unusual impact upon the use
6or enjoyment of neighboring property, and planned
7developments. A use may be a permitted use in one or more
8zoning districts, and a special use in one or more other zoning
9districts. A special use shall be permitted only after a
10public hearing before some commission or committee designated
11by the corporate authorities, with prior notice thereof given
12in the manner as provided in Section 11-13-6 and 11-13-7. Any
13notice required by this Section need not include a metes and
14bounds legal description of the area classified for special
15uses, provided that the notice includes: (i) the common street
16address or addresses and (ii) the property index number
17("PIN") or numbers of all the parcels of real property
18contained in the area classified for special uses. A special
19use shall be permitted only upon evidence that such use meets
20standards established for such classification in the
21ordinances, and the granting of permission therefor may be
22subject to conditions reasonably necessary to meet such
23standards. In addition, any proposed special use which fails
24to receive the approval of the commission or committee
25designated by the corporate authorities to hold the public
26hearing shall not be approved by the corporate authorities

 

 

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1except by a favorable majority vote of all alderpersons
2aldermen, commissioners or trustees of the municipality then
3holding office; however, the corporate authorities may by
4ordinance increase the vote requirement to two-thirds of all
5alderpersons aldermen, commissioners or trustees of the
6municipality then holding office.
7(Source: P.A. 97-336, eff. 8-12-11.)
 
8    (65 ILCS 5/11-13-10)  (from Ch. 24, par. 11-13-10)
9    Sec. 11-13-10. In municipalities of less than 500,000
10population, where a variation is to be made by ordinance, upon
11the report of the board of appeals, the corporate authorities,
12by ordinance, without further public hearing, may adopt any
13proposed variation or may refer it back to the board for
14further consideration, and any proposed variation which fails
15to receive the approval of the board of appeals shall not be
16passed except by the favorable vote of two-thirds of all
17alderpersons aldermen or trustees of the municipality.
18(Source: Laws 1961, p. 576.)
 
19    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
20    Sec. 11-13-14. The regulations imposed and the districts
21created under the authority of this Division 13 may be amended
22from time to time by ordinance after the ordinance
23establishing them has gone into effect, but no such amendments
24shall be made without a hearing before some commission or

 

 

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1committee designated by the corporate authorities. Notice
2shall be given of the time and place of the hearing, not more
3than 30 nor less than 15 days before the hearing, by publishing
4a notice thereof at least once in one or more newspapers
5published in the municipality, or, if no newspaper is
6published therein, then in one or more newspapers with a
7general circulation within the municipality. In municipalities
8with less than 500 population in which no newspaper is
9published, publication may be made instead by posting a notice
10in 3 prominent places within municipality. In case of a
11written protest against any proposed amendment of the
12regulations or districts, signed and acknowledged by the
13owners of 20% of the frontage proposed to be altered, or by the
14owners of 20% of the frontage immediately adjoining or across
15an alley therefrom, or by the owners of the 20% of the frontage
16directly opposite the frontage proposed to be altered, is
17filed with the clerk of the municipality, the amendment shall
18not be passed except by a favorable vote of two-thirds of the
19alderpersons aldermen or trustees of the municipality then
20holding office. In such cases, a copy of the written protest
21shall be served by the protestor or protestors on the
22applicant for the proposed amendments and a copy upon the
23applicant's attorney, if any, by certified mail at the address
24of such applicant and attorney shown in the application for
25the proposed amendment. Any notice required by this Section
26need not include a metes and bounds legal description,

 

 

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1provided that the notice includes: (i) the common street
2address or addresses and (ii) the property index number
3("PIN") or numbers of all the parcels of real property
4contained in the affected area.
5(Source: P.A. 97-336, eff. 8-12-11.)
 
6    (65 ILCS 5/11-13-14.1)  (from Ch. 24, par. 11-13-14.1)
7    Sec. 11-13-14.1. Notwithstanding any other provision to
8the contrary in this Division 13:
9    (A) The corporate authorities of any municipality may by
10ordinance establish the position of hearing officer and
11delegate to a hearing officer the authority to: (i) conduct
12any public hearing -- other than a public hearing provided for
13in Section 11-13-2 -- required to be held under this Division
1413 in connection with applications for any special use,
15variation, amendment or other change or modification in any
16ordinance of the municipality adopted pursuant to this
17Division 13; and (ii) hear and decide appeals from and review
18any order, requirement, decision or determination made by an
19administrative official charged with the enforcement of any
20ordinance adopted pursuant to this Division 13.
21    (B) When a hearing officer is designated to conduct a
22public hearing in a matter otherwise required to be heard in
23accordance with this Division 13 by some commission or
24committee designated by the corporate authorities of the
25municipality: (i) notice of such hearing shall be given in the

 

 

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1same time and manner as is provided by this Division 13 for the
2giving of notice of hearing when any such matter is to be heard
3by some commission or committee designated by the corporate
4authorities; (ii) the hearing officer shall exercise and
5perform the same powers and duties as such commission or
6committee is required to exercise and perform when conducting
7a public hearing in any such matter; and (iii) the hearing
8officer shall render a written recommendation to the corporate
9authorities within such time and in such manner and form as the
10corporate authorities shall require.
11    (C) When a hearing officer is designated to conduct a
12public hearing in a matter otherwise required to be heard in
13accordance with this Division 13 by the board of appeals, or
14when a hearing officer is designated to hear and decide
15appeals from and review any order, requirement, decision or
16determination made by an administrative official charged with
17the enforcement of any ordinance adopted pursuant to this
18Division 13: (i) notice of hearing shall be given in the same
19time and manner as is provided by this Division 13 for the
20giving of notice of hearing when any such matter is to be heard
21by the board of appeals; (ii) the hearing officer in passing
22upon and determining any matter otherwise within the
23jurisdiction of the board of appeals shall be governed by all
24of the standards, rules and conditions imposed by this
25Division 13 to govern the board of appeals when it passes upon
26and determines any such matter; and (iii) the hearing officer

 

 

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1shall exercise and perform all of the powers and duties of the
2board of appeals in the same manner and to the same effect as
3provided in this Division 13 with respect to the board of
4appeals, provided that:
5    1. When the hearing officer is passing upon an application
6for variation or special use and the power to determine and
7approve such variation or special use is reserved to the
8corporate authorities, then upon report of the hearing officer
9the corporate authorities may by ordinance without further
10public hearing adopt any proposed variation or special use or
11may refer it back to the hearing officer for further
12consideration, and any proposed variation or special use which
13fails to receive the approval of the hearing officer shall not
14be passed except by the favorable vote of 2/3 of all
15alderperson alderman or trustees of the municipality;
16    2. When the hearing officer is passing upon an application
17for variation or special use and the power to determine and
18approve such variation or special use is not reserved to the
19corporate authorities, or when the hearing officer is hearing
20and deciding appeals from or reviewing any order, requirement,
21decision or determination made by an administrative official
22charged with the enforcement of any ordinance adopted pursuant
23to this Division 13, the determination made by the hearing
24officer with respect to any such matter shall constitute a
25final administrative decision which is subject to judicial
26review pursuant to the provisions of the "Administrative

 

 

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1Review Law", as now or hereafter amended.
2    (D) The corporate authorities of the municipality may
3provide general or specific rules implementing but not
4inconsistent with the provisions of this Section, including
5rules relative to the time and manner in which hearing
6officers are designated to conduct public hearings and rules
7governing the manner in which such hearings are conducted and
8matters heard therein passed upon and determined.
9    (E) Hearing officers shall be appointed on the basis of
10training and experience which qualifies them to conduct
11hearings, make recommendations or findings of fact and
12conclusions on the matters heard and otherwise exercise and
13perform the powers, duties and functions delegated in
14accordance with this Section. Hearing officers shall receive
15such compensation as the corporate authorities of the
16municipality shall provide, and any municipality may establish
17a schedule of fees to defray the costs of providing a hearing
18officer.
19    (F) This Section is intended to furnish an alternative or
20supplemental procedure which a municipality in its discretion
21may provide for hearing, determining, reviewing and deciding
22matters which arise under any ordinance adopted by the
23municipality pursuant to this Division 13, but nothing in this
24Section shall be deemed to limit or prevent the use of any
25existing procedure available to a municipality under this
26Division 13 for hearing, approving or denying applications for

 

 

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1a special use, variation, amendment or other change or
2modification of any such ordinance, or for hearing and
3deciding appeals from and reviewing any order, requirement,
4decision or determination made by an administrative official
5charged with the enforcement of any such ordinance.
6(Source: P.A. 84-960.)
 
7    (65 ILCS 5/11-80-5)  (from Ch. 24, par. 11-80-5)
8    Sec. 11-80-5. The corporate authorities of each
9municipality, with the concurrence of two-thirds of all of the
10alderpersons aldermen, trustees or commissioners elected
11therein, may levy and collect annually, in addition to all
12other taxes now authorized by law, a tax of not to exceed .05%
13of the value, as equalized or assessed by the Department of
14Revenue, of the taxable property in the municipality, to be
15used exclusively for the purpose of lighting streets. The tax
16authorized by this Section is in addition to taxes for general
17corporate purposes authorized by Section 8-3-1.
18    The foregoing tax rate limitation, insofar as it is
19applicable to municipalities of less than 500,000 population,
20may be increased or decreased under the referendum provisions
21of the General Revenue Law of Illinois.
22(Source: P.A. 86-280.)
 
23    (65 ILCS 5/11-91-1)  (from Ch. 24, par. 11-91-1)
24    Sec. 11-91-1. Whenever the corporate authorities of any

 

 

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1municipality, whether incorporated by special act or under any
2general law, determine that the public interest will be
3subserved by vacating any street or alley, or part thereof,
4within their jurisdiction in any incorporated area, they may
5vacate that street or alley, or part thereof, by an ordinance.
6The ordinance shall provide the legal description or permanent
7index number of the particular parcel or parcels of property
8acquiring title to the vacated property. But this ordinance
9shall be passed by the affirmative vote of at least
10three-fourths of the alderpersons aldermen, trustees or
11commissioners then holding office. This vote shall be taken by
12ayes and noes and entered on the records of the corporate
13authorities.
14    No ordinance shall be passed vacating any street or alley
15under a municipality's jurisdiction and within an
16unincorporated area without notice thereof and a hearing
17thereon. At least 15 days prior to such a hearing, notice of
18its time, place and subject matter shall be published in a
19newspaper of general circulation within the unincorporated
20area which the street or alley proposed for vacation serves.
21At the hearing all interested persons shall be heard
22concerning the proposal for vacation.
23    The ordinance may provide that it shall not become
24effective until the owners of all property or the owner or
25owners of a particular parcel or parcels of property abutting
26upon the street or alley, or part thereof so vacated, shall pay

 

 

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1compensation in an amount which, in the judgment of the
2corporate authorities, shall be the fair market value of the
3property acquired or of the benefits which will accrue to them
4by reason of that vacation, and if there are any public service
5facilities in such street or alley, or part thereof, the
6ordinance shall also reserve to the municipality or to the
7public utility, as the case may be, owning such facilities,
8such property, rights of way and easements as, in the judgment
9of the corporate authorities, are necessary or desirable for
10continuing public service by means of those facilities and for
11the maintenance, renewal and reconstruction thereof. If the
12ordinance provides that only the owner or owners of one
13particular parcel of abutting property shall make payment,
14then the owner or owners of the particular parcel shall
15acquire title to the entire vacated street or alley, or the
16part thereof vacated.
17    The determination of the corporate authorities that the
18nature and extent of the public use or public interest to be
19subserved in such as to warrant the vacation of any street or
20alley, or part thereof, is conclusive, and the passage of such
21an ordinance is sufficient evidence of that determination,
22whether so recited in the ordinance or not. The relief to the
23public from further burden and responsibility of maintaining
24any street or alley, or part thereof, constitutes a public use
25or public interest authorizing the vacation.
26    When property is damaged by the vacation or closing of any

 

 

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1street or alley, the damage shall be ascertained and paid as
2provided by law.
3(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
 
4    (65 ILCS 5/11-101-2)  (from Ch. 24, par. 11-101-2)
5    Sec. 11-101-2. Whenever the corporate authorities of any
6municipality have established an airport outside the corporate
7limits of the municipality and have determined that it is
8essential to the proper and safe construction and maintenance
9of such airport to vacate any roads, highways, streets,
10alleys, or parts thereof in unincorporated territory lying
11within the airport area or any enlargement thereof, and have
12determined that the public interest will be subserved by such
13vacation, they may vacate such roads, highways, streets,
14alleys, or parts thereof, by an ordinance. Provided however,
15that such municipality shall have first acquired the land on
16both sides of such roads, highways, streets, alleys, or parts
17thereof; provided, also, that in the case of a road, highway,
18street or alley or part thereof, under the jurisdiction of the
19Department of Transportation, the consent of the Department
20shall be obtained before the ordinance shall become effective.
21Such ordinance shall be passed by the affirmative vote of at
22least 3/4 of all alderpersons aldermen, trustees or
23commissioners authorized by law to be elected. Such vacation
24shall be effective upon passage of the ordinance and recording
25of a certified copy thereof with the recorder of the county

 

 

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1within which the roads, highways, streets, alleys, or parts
2thereof are situated.
3(Source: P.A. 83-358.)
 
4    Section 30. The Revised Cities and Villages Act of 1941 is
5amended by changing Sections 21-5.1, 21-7, and 21-14 and the
6heading of Article prec. Sec. 21-22 and Sections 21-22, 21-23,
721-24, 21-25, 21-26, 21-27, 21-28, 21-29, 21-30, 21-32, 21-33,
821-34, 21-38, 21-39, 21-40, and 21-41 as follows:
 
9    (65 ILCS 20/21-5.1)  (from Ch. 24, par. 21-5.1)
10    Sec. 21-5.1. Vice Mayor - Election - Duties -
11Compensation.) Following election and qualification of
12alderpersons aldermen at a general election as provided by
13Section 21-22 of this Act, the City Council shall elect, from
14among its members, a Vice Mayor, to serve as interim Mayor of
15Chicago in the event that a vacancy occurs in the office of
16Mayor or in the event that the Council determines, by 3/5 vote,
17that the Mayor is under a permanent or protracted disability
18caused by illness or injury which renders the Mayor unable to
19serve. The Vice Mayor shall serve as interim Mayor. He will
20serve until the City Council shall elect one of its members
21acting Mayor or until the mayoral term expires.
22    The Vice Mayor shall receive no compensation as such, but
23shall receive compensation as an alderperson alderman even
24while serving as interim Mayor. While serving as interim

 

 

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1Mayor, the Vice Mayor shall possess all rights and powers and
2shall perform the duties of Mayor.
3(Source: P.A. 80-308.)
 
4    (65 ILCS 20/21-7)  (from Ch. 24, par. 21-7)
5    Sec. 21-7. Compensation of officers.
6    The compensation of all officers shall be by salary. No
7officer shall be allowed any fees, perquisites or emoluments
8or any reward or compensation aside from his salary, but all
9fees and earnings of his office or department shall be paid by
10him into the city treasury. The city council shall fix the
11salaries of all officers, except those who are elected or
12appointed for a definite term fixed by statute, in the annual
13appropriation ordinance and those salaries shall not be
14altered during the same fiscal year. The city council, by
15ordinance other than the appropriation ordinance, shall fix
16the compensation of each officer who is elected or appointed
17for a definite term fixed by statute and his salary shall not
18be increased or diminished during his term of office. The
19chairman of the finance committee of the city council shall
20receive in addition to his or her salary as an alderperson
21alderman such additional compensation, not exceeding $3,500.00
22per annum, as may be provided in the annual appropriation
23ordinance for his or her services as chairman of said
24committee.
25(Source: Laws 1947, p. 497.)
 

 

 

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1    (65 ILCS 20/21-14)  (from Ch. 24, par. 21-14)
2    Sec. 21-14. Member residency before election; member not
3to hold other office.
4    (a) No member may be elected or appointed to the city
5council after the effective date of this amendatory Act of the
693rd General Assembly unless he or she has resided in the ward
7he or she seeks to represent at least one year next preceding
8the date of the election or appointment. In the election
9following redistricting, a candidate for alderperson alderman
10may be elected from any ward containing a part of the ward in
11which he or she resided for at least one year next preceding
12the election that follows the redistricting, and, if elected,
13that person may be reelected from the new ward he or she
14represents if he or she resides in that ward for at least one
15year next preceding the reelection.
16    (b) No member of the city council shall at the same time
17hold any other civil service office under the federal, state
18or city government, except if such member is granted a leave of
19absence from such civil service office, or except in the
20National Guard, or as a notary public, and except such
21honorary offices as go by appointment without compensation.
22(Source: P.A. 93-847, eff. 7-30-04.)
 
23    (65 ILCS 20/prec. Sec. 21-22 heading)
24
ELECTION OF ALDERPERSONS ALDERMEN

 

 

 

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1    (65 ILCS 20/21-22)  (from Ch. 24, par. 21-22)
2    Sec. 21-22. General election for alderpersons aldermen;
3vacancies.
4    (a) A general election for alderpersons aldermen shall be
5held in the year 1943 and every 4 years thereafter, at which
6one alderperson alderman shall be elected from each of the 50
7wards provided for by this Article. The alderpersons aldermen
8elected shall serve for a term of 4 years beginning at noon on
9the third Monday in May following the election of city
10officers, and until their successors are elected and have
11qualified. All elections for alderpersons aldermen shall be in
12accordance with the provisions of law in force and operative
13in the City of Chicago for such elections at the time the
14elections are held.
15    (b) Vacancies occurring in the office of alderperson
16alderman shall be filled in the manner prescribed for filling
17vacancies in Section 3.1-10-51 of the Illinois Municipal Code.
18An appointment to fill a vacancy shall be made within 60 days
19after the vacancy occurs. The requirement that an appointment
20be made within 60 days is an exclusive power and function of
21the State and is a denial and limitation under Article VII,
22Section 6, subsection (h) of the Illinois Constitution of the
23power of a home rule municipality to require that an
24appointment be made within a different period after the
25vacancy occurs.

 

 

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1(Source: P.A. 95-1041, eff. 3-25-09.)
 
2    (65 ILCS 20/21-23)  (from Ch. 24, par. 21-23)
3    Sec. 21-23. Salaries of alderpersons aldermen.
4    The alderpersons aldermen in office when this article is
5adopted and the alderpersons aldermen elected under the
6provisions of this article may receive for their services such
7compensation as shall be fixed by ordinance, at the rate of not
8to exceed eight thousand dollars per annum for each
9alderperson alderman.
10(Source: Laws 1953, p. 1781.)
 
11    (65 ILCS 20/21-24)  (from Ch. 24, par. 21-24)
12    Sec. 21-24. Application - Recall elections. The provisions
13of this Article shall apply to all elections for alderpersons
14aldermen in the city of Chicago. The name of no person shall be
15printed upon the official ballot as a candidate for
16alderperson alderman, unless the terms of this Article shall
17have been complied with. If recall elections are provided for,
18to be held within the city of Chicago, the provisions of this
19Article shall apply to such elections, except to the extent
20that provisions inconsistent herewith are made by the law
21providing for such recall elections.
22(Source: Laws 1941, vol. 2, p. 19.)
 
23    (65 ILCS 20/21-25)  (from Ch. 24, par. 21-25)

 

 

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1    Sec. 21-25. Times for elections.) General elections for
2alderpersons aldermen shall be held in the year or years fixed
3by law for holding the same, on the last Tuesday of February of
4such year. Any supplementary election for alderpersons
5aldermen held under the provisions of this article shall be
6held on the first Tuesday of April next following the holding
7of such general aldermanic election of alderpersons.
8(Source: P.A. 80-1469.)
 
9    (65 ILCS 20/21-26)  (from Ch. 24, par. 21-26)
10    Sec. 21-26. Candidates receiving majority elected -
11Supplementary elections.
12    The candidate receiving a majority of the votes cast for
13alderperson alderman in each ward at any general or special
14election shall be declared elected. In the event that no
15candidate receives a majority of such votes in any ward or
16wards a supplementary election shall be held at the time
17prescribed in Section 21-25. At such supplementary election
18the names of the candidates in each of such wards receiving the
19highest and second highest number of votes at the preceding
20general or special election and no others shall be placed on
21the official ballot: Provided, however, that if there be any
22candidate who, under the provisions of this Section would have
23been entitled to a place on the ballot at the supplementary
24election except for the fact that some other candidate
25received an equal number of votes, then all such candidates

 

 

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1receiving such equal number of votes shall have their names
2printed on the ballot as candidates at such succeeding
3supplementary election. The candidate receiving the highest
4number of votes at such supplementary election shall be
5declared elected. Such supplementary election shall be deemed
6a special election under the election and ballot laws in force
7in the city of Chicago and shall be governed thereby except in
8so far as such laws are inconsistent with the provisions of
9this article.
10(Source: Laws 1941, vol. 2, p. 19.)
 
11    (65 ILCS 20/21-27)  (from Ch. 24, par. 21-27)
12    Sec. 21-27. Election contest-Complaint. Any candidate
13whose name appears on the ballots used in any ward of the city
14at any election for alderperson alderman, may contest the
15election of the candidate who appears to be elected from such
16ward on the face of the returns, or may contest the right of
17the candidates who appear to have received the highest and
18second highest number of votes to places on the official
19ballot at any supplementary election, by filing within 5 days
20after such election with the Clerk of the Circuit Court of Cook
21County, a complaint in writing, verified by the candidate
22making the contest, setting forth the grounds of the contest.
23The contestant in each contest shall also serve notice on all
24persons who were candidates for alderperson alderman of such
25ward at the election, within such 5 days, informing them that

 

 

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1such complaint has been or will be filed. The Circuit Court of
2Cook County shall have jurisdiction to hear and determine such
3contest. All proceedings in relation to such contest after the
4filing of such complaint shall be the same, as near as may be,
5as provided for in the case of a contest at a primary election
6in such city. In case the court shall decide that the complaint
7is insufficient in law, or that the candidate who appears to
8have been elected on the face of the return has been duly
9elected, the complaint shall be dismissed. If it shall appear
10to the satisfaction of the court that the face of the returns
11are not correct, and that the candidate who appears thereby to
12have been elected was not in fact elected, then the candidates
13having the highest and second highest number of votes as
14determined by such contest shall be candidates at the
15subsequent supplementary election as provided for in section
1621-26.
17(Source: P.A. 83-334.)
 
18    (65 ILCS 20/21-28)  (from Ch. 24, par. 21-28)
19    Sec. 21-28. Nomination by petition.
20    (a) All nominations for alderperson alderman of any ward
21in the city shall be by petition. Each petition for nomination
22of a candidate shall be signed by at least 473 legal voters of
23the ward.
24    (b) All nominations for mayor, city clerk, and city
25treasurer in the city shall be by petition. Each petition for

 

 

HB0045- 183 -LRB102 03834 RJF 13848 b

1nomination of a candidate must be signed by at least 12,500
2legal voters of the city.
3    (c) All such petitions, and procedure with respect
4thereto, shall conform in other respects to the provisions of
5the election and ballot laws then in force in the city of
6Chicago concerning the nomination of independent candidates
7for public office by petition. The method of nomination herein
8provided is exclusive of and replaces all other methods
9heretofore provided by law.
10(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
 
11    (65 ILCS 20/21-29)  (from Ch. 24, par. 21-29)
12    Sec. 21-29. Withdrawals and substitution of candidates.
13    Any candidate for alderperson alderman under the
14provisions of this article may withdraw his name as a
15candidate by filing with the board of election commissioners
16of the city of Chicago not later than the date of certification
17of the ballot his written request signed by him and duly
18acknowledged before an officer qualified to take
19acknowledgements of deeds, whereupon his name shall not be
20printed as a candidate upon the official ballot.
21    If any candidate at an aldermanic election of alderpersons
22who was not elected as provided for in this article but who
23shall have received sufficient votes to entitle him to a place
24on the official ballot at the ensuing supplementary election
25shall die or withdraw his candidacy before such supplementary

 

 

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1election, the name of the candidate who shall receive the next
2highest number of votes shall be printed on the ballot in lieu
3of the name of the candidate who shall have died or withdrawn
4his candidacy.
5(Source: P.A. 96-1008, eff. 7-6-10.)
 
6    (65 ILCS 20/21-30)  (from Ch. 24, par. 21-30)
7    Sec. 21-30. Form of ballot. Ballots to be used at any
8general, supplementary or special election for alderpersons
9aldermen held under the provisions of this Article, in
10addition to other requirements of law, shall conform to the
11following requirements:
12        (1) At the top of the ballots shall be printed in
13    capital letters the words designating the ballot. If a
14    general aldermanic election of alderpersons the words
15    shall be "Official aldermanic election of alderpersons
16    ballot"; if a supplementary election the designating words
17    shall be "Official supplementary aldermanic election of
18    alderpersons ballot"; if a special aldermanic election of
19    alderpersons, the words shall be "Special aldermanic
20    election of alderpersons ballot."
21        (2) Beginning not less than one inch below such
22    designating words and extending across the face of the
23    ballot, the title of each office to be filled shall be
24    printed in capital letters.
25        (3) The names of candidates for different terms of

 

 

HB0045- 185 -LRB102 03834 RJF 13848 b

1    service therein (if any there be), shall be arranged and
2    printed in groups according to the length of such terms.
3        (4) Immediately below the title of each office or
4    group heading indicating the term of office, shall be
5    printed in small letters the directions to voters, "Vote
6    for one."
7        (5) Following thereupon shall be printed the names of
8    the candidates for such office according to the title and
9    the term thereof and below the name of each candidate
10    shall be printed his place of residence, stating the
11    street and number (if any). The names of candidates shall
12    be printed in capital letters not less than one-eighth nor
13    more than one-quarter of an inch in height, and
14    immediately at the left of the name of each candidate
15    shall be printed a square, the sides of which shall not be
16    less than one-quarter of an inch in length. The names of
17    all the candidates for each office shall be printed in a
18    column and arranged in the order hereinafter designated;
19    all names of candidates shall be printed in uniform type;
20    the places of residence of such candidates shall be
21    printed in uniform type; and squares upon said ballots
22    shall be of uniform size; and spaces between the names of
23    the candidates for the same office shall be of uniform
24    size.
25        (6) The names of the candidates for alderperson
26    alderman shall appear upon the ballot in the order in

 

 

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1    which petitions for nomination have been filed in the
2    office of the board of election commissioners. However, 2
3    or more petitions filed within the last hour of the filing
4    deadline shall be deemed filed simultaneously. Where 2 or
5    more petitions are received simultaneously, the board of
6    election commissioners shall break ties and determine the
7    order of filing by means of a lottery or other fair and
8    impartial method of random selection approved by the board
9    of election commissioners. Such lottery shall be conducted
10    within 9 days following the last day for petition filing
11    and shall be open to the public. Seven days written notice
12    of the time and place of conducting such random selection
13    shall be given, by the board of election commissioners, to
14    the Chairman of each political party and to each
15    organization of citizens within the city which was
16    entitled, under the Election Code, at the next preceding
17    election, to have pollwatchers present on the day of
18    election. The board of election commissioners shall post
19    in a conspicuous, open and public place, at the entrance
20    of the office, notice of the time and place of such
21    lottery. The board of election commissioners shall adopt
22    rules and regulations governing the procedures for the
23    conduct of such lottery.
24(Source: P.A. 98-115, eff. 7-29-13.)
 
25    (65 ILCS 20/21-32)  (from Ch. 24, par. 21-32)

 

 

HB0045- 187 -LRB102 03834 RJF 13848 b

1    Sec. 21-32. Party designations prohibited - Ballot to be
2separate from other ballots. No party name, party initial,
3party circle platform, principle, appellation or
4distinguishing mark of any kind shall be printed upon any
5election ballot used at any election for mayor, city clerk,
6city treasurer, or alderperson alderman held under the
7provisions of this Article.
8(Source: P.A. 98-115, eff. 7-29-13.)
 
9    (65 ILCS 20/21-33)  (from Ch. 24, par. 21-33)
10    Sec. 21-33. Challengers and watchers.
11    Any candidate for alderperson alderman under the terms of
12this article may appoint in writing over his signature not
13more than one representative for each place of voting, who
14shall have the right to act as challenger and watcher for such
15candidate at any election at which his name is being voted
16upon. Such challenger and watcher shall have the same powers
17and privileges as a challenger and watcher under the election
18laws of this State applicable to Chicago. No political party
19shall have the right to keep any challenger or watcher at any
20polling place at any election held under the provisions of
21this article unless candidates for some office other than
22alderperson alderman are to be voted for at the same time.
23(Source: Laws 1941, vol. 2, p. 19.)
 
24    (65 ILCS 20/21-34)  (from Ch. 24, par. 21-34)

 

 

HB0045- 188 -LRB102 03834 RJF 13848 b

1    Sec. 21-34. Certificate of election.
2    No certificate of election shall be given to any candidate
3who shall be declared elected at any general aldermanic
4election of alderpersons until after the date fixed by this
5Article for the holding of the supplementary election provided
6for in this Article.
7(Source: Laws 1941, vol. 2, p. 19.)
 
8    (65 ILCS 20/21-38)  (from Ch. 24, par. 21-38)
9    Sec. 21-38. Redistricting every ten years.
10    If the city council has not redistricted the city of
11Chicago since the taking of the national census of 1940, then
12within three months after the adoption of this article by the
13voters it shall be the duty of the city council to pass an
14ordinance redistricting the city into fifty wards in
15accordance with the provisions of this article.
16    On or before the first day of December, of the year
17following the year in which the national census is taken, and
18every ten years thereafter, the city council shall by
19ordinance redistrict the city on the basis of the national
20census of the preceding year. All elections of alderpersons
21aldermen shall be held from the existing wards until a
22redistricting is had as provided for in this article.
23(Source: Laws 1941, vol. 2, p. 19.)
 
24    (65 ILCS 20/21-39)  (from Ch. 24, par. 21-39)

 

 

HB0045- 189 -LRB102 03834 RJF 13848 b

1    Sec. 21-39. When redistricting ordinance takes effect -
2Substitute ordinance may be submitted. No such redistricting
3ordinance shall take effect until the expiration of 15 days
4after its passage. If within such 15 days 1/5 or more of the
5alderpersons aldermen elected, who did not vote to pass such
6redistricting ordinance, file with the city clerk a proposed
7substitute ordinance redistricting the city in accordance with
8the provisions of this article, together with a petition
9signed by them demanding that the question of the adoption of
10the redistricting ordinance passed by the city council,
11together with the question of the adoption of such substitute
12ordinance, be submitted to the voters, then such redistricting
13ordinance passed by the city council shall not go into effect
14until the question of this adoption shall have been submitted
15to a popular vote: Provided, that no alderperson alderman
16shall have the right to sign more than one such petition. Upon
17the expiration of such 15 days the city clerk shall promptly
18certify to the board of election commissioners of the city of
19Chicago, the ordinance passed by the city council and such
20substitute ordinance or ordinances and petition or petitions,
21and it shall thereupon be the duty of the board of election
22commissioners to submit the ordinances so certified to a
23popular vote at the next general or municipal election, to be
24held in and for the entire city not less than 40 days after the
25passage of such redistricting ordinance by the city council.
26(Source: P.A. 81-1489.)
 

 

 

HB0045- 190 -LRB102 03834 RJF 13848 b

1    (65 ILCS 20/21-40)  (from Ch. 24, par. 21-40)
2    Sec. 21-40. Failure of council to act - One-fifth of the
3alderpersons aldermen may submit redistricting ordinance.
4    If the city council shall fail at any time to pass a
5redistricting ordinance as required in this article, one-fifth
6or more of the alderpersons aldermen elected shall have the
7right to file with the city clerk, not less than 40 days before
8the date of holding any general, municipal, or special
9election, to be held in and for the entire city, an ordinance
10redistricting the city in accordance with the provisions of
11this article, together with a petition signed by them
12demanding that such ordinance be submitted to the legal voters
13at the next such election in and for the entire city to be held
14not less than 40 days after the filing of such ordinance and
15petition: Provided, that no alderperson alderman shall have
16the right to sign more than one such petition. Upon the
17expiration of the time for filing any such ordinance the city
18clerk shall promptly certify to the board of election
19commissioners of the city of Chicago any ordinance or
20ordinances, together with any petition or petitions, so filed
21and thereupon it shall be the duty of the board of election
22commissioners to submit such ordinance or ordinances to a
23popular vote at the election specified in such petition or
24petitions: Provided, that if, after the filing of any such
25ordinance and petition and not less than 40 days prior to such

 

 

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1election, the city council shall pass an ordinance
2redistricting the city, then the question of the adoption of
3any ordinance or ordinances filed with the city clerk in
4accordance with the provisions of this section shall not be
5submitted to a popular vote. However, after such action by the
6city council, a substitute ordinance or ordinances may be
7proposed in the manner provided in this article.
8(Source: Laws 1941, vol. 2, p. 19.)
 
9    (65 ILCS 20/21-41)  (from Ch. 24, par. 21-41)
10    Sec. 21-41. Redistricting ordinance submitted - Form of
11ballot.
12    If the question of the adoption of one of two or more
13redistricting ordinances is submitted to the voters at any
14election, the ballots used for the submission of such
15proposition shall, in addition to the other requirements of
16law, conform substantially to the following requirements:
17    1. Above the propositions submitted the following words
18shall be printed in capital letters:
19    "PROPOSITIONS FOR THE REDISTRICTING OF THE CITY OF
20CHICAGO."
21    2. Immediately below said words shall be printed in small
22letters the direction to voters:
23    "Vote for One."
24    3. Following thereupon shall be printed each proposition
25to be voted upon in substantially the following form:
 

 

 

HB0045- 192 -LRB102 03834 RJF 13848 b

1    -------------------------------------------------------------
2        For the adoption of an ordinance for the redistricting
3    of the City of Chicago (here insert "passed by the city
4    council" or "proposed by Alderpersons Aldermen (here
5    insert names of the alderpersons aldermen signing
6    petition)" as the case may require.
7    -------------------------------------------------------------
8        For the adoption of an ordinance for the redistricting
9    of the City of Chicago proposed by Alderpersons Aldermen
10    (here insert names of the alderpersons aldermen signing
11    the petition).
12    -------------------------------------------------------------
 
13    Whenever the question of the adoption of but one
14redistricting ordinance shall be submitted to the voters, the
15form of the ballot shall be substantially as follows:
 
16    -------------------------------------------------------------
17        Shall the ordinance proposed by Alderpersons Aldermen
18    (Here insert the names of the alderpersons aldermen
19    signing the petition) be adopted?
20    ---------------------------------------------------------
21        YES                         NO
22    -------------------------------------------------------------
 

 

 

HB0045- 193 -LRB102 03834 RJF 13848 b

1    4. All the propositions shall be printed in uniform type.
2(Source: Laws 1941, vol. 2, p. 19.)
 
3    Section 35. The Civic Center Code is amended by changing
4Sections 210-20, 210-25, 270-20, and 270-25 as follows:
 
5    (70 ILCS 200/210-20)
6    Sec. 210-20. Board members designated. The mayor and
7alderpersons aldermen, ex officio, of the City of Pontiac
8shall be the members of the Board. Before entering upon the
9duties of his office, each member of the Board shall take and
10subscribe the constitutional oath of office and file it in the
11office of the Secretary of State.
12(Source: P.A. 90-328, eff. 1-1-98.)
 
13    (70 ILCS 200/210-25)
14    Sec. 210-25. Board members; terms. Members of the Board
15shall hold office until their respective successors as mayor
16or alderpersons aldermen of the City of Pontiac have been
17appointed and qualified.
18(Source: P.A. 90-328, eff. 1-1-98.)
 
19    (70 ILCS 200/270-20)
20    Sec. 270-20. Board members. The mayor and alderpersons
21aldermen, ex officio, of the City of Waukegan shall be the
22members of the Board. Before entering upon the duties of his

 

 

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1office, each member of the Board shall take and subscribe the
2constitutional oath of office and file it in the office of the
3Secretary of State.
4(Source: P.A. 90-328, eff. 1-1-98.)
 
5    (70 ILCS 200/270-25)
6    Sec. 270-25. Board member terms. Members of the Board
7shall hold office until their respective successors as mayor
8or alderpersons aldermen of the City of Waukegan have been
9appointed and qualified.
10(Source: P.A. 90-328, eff. 1-1-98.)
 
11    Section 40. The Metropolitan Pier and Exposition Authority
12Act is amended by changing Section 5.6 as follows:
 
13    (70 ILCS 210/5.6)
14    Sec. 5.6. Marketing agreement.
15    (a) The Authority shall enter into a marketing agreement
16with a not-for-profit organization headquartered in Chicago
17and recognized by the Department of Commerce and Economic
18Opportunity as a certified local tourism and convention bureau
19entitled to receive State tourism grant funds, provided the
20bylaws of the organization establish a board of the
21organization that is comprised of 35 members serving 3-year
22staggered terms, including the following:
23        (1) no less than 8 members appointed by the Mayor of

 

 

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1    Chicago, to include:
2            (A) a Chair of the board of the organization
3        appointed by the Mayor of the City of Chicago from
4        among the business and civic leaders of Chicago who
5        are not engaged in the hospitality business or who
6        have not served as a member of the Board or as chief
7        executive officer of the Authority; and
8            (B) 7 members from among the cultural, economic
9        development, or civic leaders of Chicago;
10        (2) the chairperson of the interim board or Board of
11    the Authority, or his or her designee;
12        (3) a representative from the department in the City
13    of Chicago that is responsible for the operation of
14    Chicago-area airports;
15        (4) a representative from the department in the City
16    of Chicago that is responsible for the regulation of
17    Chicago-area livery vehicles;
18        (5) at least 1, but no more than:
19            (A) 5 members from the hotel industry;
20            (B) 5 members representing Chicago arts and
21        cultural institutions or projects;
22            (C) 2 members from the restaurant industry;
23            (D) 2 members employed by or representing an
24        entity responsible for a trade show;
25            (E) 2 members representing unions;
26            (F) 2 members from the attractions industry; and

 

 

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1        (6) the Director of the Illinois Department of
2    Commerce and Economic Opportunity, ex officio.
3    The bylaws of the organization may provide for the
4appointment of a City of Chicago alderperson alderman as an ex
5officio member, and may provide for other ex officio members
6who shall serve terms of one year.
7    Persons with a real or apparent conflict of interest shall
8not be appointed to the board. Members of the board of the
9organization shall not serve more than 2 terms. The bylaws
10shall require the following: (i) that the Chair of the
11organization name no less than 5 and no more than 9 members to
12the Executive Committee of the organization, one of whom must
13be the chairperson of the interim board or Board of the
14Authority, and (ii) a provision concerning conflict of
15interest and a requirement that a member abstain from
16participating in board action if there is a threat to the
17independence of judgment created by any conflict of interest
18or if participation is likely to have a negative effect on
19public confidence in the integrity of the board.
20    (b) The Authority shall notify the Department of Revenue
21within 10 days after entering into a contract pursuant to this
22Section.
23(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10;
2497-1122, eff. 8-27-12.)
 
25    Section 45. The Beardstown Regional Flood Prevention

 

 

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1District Act is amended by changing Section 10 as follows:
 
2    (70 ILCS 755/10)
3    Sec. 10. Commissioners.
4    (a) The affairs of the district shall be managed by a board
5of 7 commissioners: one shall be appointed by the chairperson
6of the county board; one shall be appointed by the Mayor of the
7City of Beardstown; one shall be appointed by the Beardstown
8Sanitary District; one shall be appointed by the South
9Beardstown Levee and Drainage District; one shall be appointed
10by the Valley Levee and Drainage District; one shall be
11appointed by the Lost Creek Levee and Drainage District; and
12one shall be appointed by a majority vote of the other 6
13commissioners. All initial appointments under this Section
14must be made within 60 days after the district is organized.
15    (b) Of the initial appointments, 3 commissioners shall
16serve a 2-year term and 4 commissioners shall serve a 4-year
17term, as determined by lot. Their successors shall be
18appointed for 4-year terms. No commissioner may serve for more
19than 20 years. Vacancies shall be filled in the same manner as
20original appointments.
21    (c) Each commissioner must be a legal voter in Cass
22County, and all commissioners shall reside in and own property
23that is located within the district. Commissioners shall serve
24without compensation, but may be reimbursed for reasonable
25expenses incurred in the performance of their duties.

 

 

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1    (d) A majority of the commissioners shall constitute a
2quorum of the board for the transaction of business. An
3affirmative vote of a majority of the commissioners shall be
4sufficient to approve any action or expenditure.
5    (e) An alderperson alderman of the City of Beardstown, a
6member of the county board, and a commissioner of each of the
7aforementioned drainage districts and sanitation district may
8be appointed to serve concurrently as commissioners of the
9district, and the appointment shall be deemed lawful and not
10to constitute a violation of the Public Officer Prohibited
11Activities Act, nor to create an impermissible conflict of
12interest or incompatibility of offices.
13(Source: P.A. 97-309, eff. 8-11-11.)
 
14    Section 50. The Park System Civil Service Act is amended
15by changing Section 23 as follows:
 
16    (70 ILCS 1210/23)  (from Ch. 24 1/2, par. 102)
17    Sec. 23. No officer or employee in the service of any such
18park district shall, directly or indirectly, give or hand over
19to any officer or employee in said classified civil service,
20or to any senator or representative or alderperson alderman,
21councilman or park commissioner, any money or other valuable
22thing on account of or to be applied to the promotion of any
23party or political object whatever.
24(Source: Laws 1911, p. 211.)
 

 

 

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1    Section 55. The Park Annuity and Benefit Fund Civil
2Service Act is amended by changing Section 25 as follows:
 
3    (70 ILCS 1215/25)  (from Ch. 24 1/2, par. 138)
4    Sec. 25. No officer or employee in the service of such Park
5Employees' and Retirement Board Employees' Annuity and Benefit
6Fund shall, directly or indirectly, give or hand over to any
7officer or employee in said classified civil service, or to
8any senator, representative, alderperson alderman, councilman,
9park commissioner or trustee, any money or other valuable
10thing on account of or to be applied to the promotion of any
11party or political object whatever.
12(Source: Laws 1963, p. 138.)
 
13    Section 60. The Metropolitan Water Reclamation District
14Act is amended by changing Section 4.25 as follows:
 
15    (70 ILCS 2605/4.25)  (from Ch. 42, par. 323.25)
16    Sec. 4.25. Political contributions and campaigns.
17    (a) During a commissioner's or an employee's compensated
18time, other than vacation, personal, holiday, or compensatory
19time off, a commissioner or an employee in the service of the
20sanitary district shall not, directly or indirectly, give or
21hand over to any commissioner or employee, or to any senator,
22representative, alderperson alderman, councilman, or trustee,

 

 

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1any money or other valuable thing on account of or to be
2applied to the promotion of any party or political object
3whatever.
4    (b) During an employee's compensated time, other than
5vacation, personal, holiday, or compensatory time off, an
6employee shall not take any part in the management or affairs
7of any political party or in any political campaign, except to
8exercise his or her right as a citizen privately to express his
9or her opinion, and to cast his or her vote, provided, however,
10that an employee shall have the right to hold any public
11office, either by appointment or election, that is not
12incompatible with his or her duties as an employee of the
13District, and provided further that the employee does not
14campaign or otherwise engage in political activity during his
15or her compensated time other than vacation, personal,
16holiday, or compensatory time off.
17    (c) This Section shall not be deemed to authorize conduct
18prohibited by the Federal Hatch Act by employees subject to
19that Act.
20    (d) For the purposes of this Section, "compensated time"
21means any time worked by or credited to an employee that counts
22toward any minimum work time requirement imposed as a
23condition of employment with the sanitary district, but does
24not include any designated holidays or any period when the
25employee is on a leave of absence. With respect to
26commissioners, "compensated time" means any period of time

 

 

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1when the commissioner is on the premises under the control of
2the sanitary district and any other time when the commissioner
3is executing his or her official duties, regardless of
4location.
5    For the purposes of this Section, "compensatory time off"
6means authorized time off earned by or awarded to an employee
7to compensate in whole or in part for time worked in excess of
8the minimum work time required of that employee as a condition
9of employment with the sanitary district.
10(Source: P.A. 97-125, eff. 7-14-11.)
 
11    Section 65. The School Code is amended by changing
12Sections 34-210, 34-230, and 34-235 as follows:
 
13    (105 ILCS 5/34-210)
14    Sec. 34-210. The Educational Facility Master Plan.
15    (a) In accordance with the schedule set forth in this
16Article, the chief executive officer or his or her designee
17shall prepare a 10-year educational facility master plan every
185 years, with updates 2 1/2 years after the approval of the
19initial 10-year plan, with the first such educational facility
20master plan to be approved on or before October 1, 2013.
21    (b) The educational facility master plan shall provide
22community area level plans and individual school master plans
23with options for addressing the facility and space needs for
24each facility operated by the district over a 10-year period.

 

 

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1    (c) The data, information, and analysis that shall inform
2the educational facility master plan shall be published on the
3district's Internet website and shall include the following:
4        (1) a description of the district's guiding
5    educational goals and standards;
6        (2) a brief description of the types of instructional
7    programs and services delivered in each school, including
8    specific plans for special education programs, early
9    childhood education programs, career and technical
10    education programs, and any other programs that are space
11    sensitive to avoid space irregularities;
12        (3) a description of the process, procedure, and
13    timeline for community participation in the development of
14    the plan;
15        (3.5) A description of a communications and community
16    involvement plan for each community in the City of Chicago
17    that includes the engagement of students, school
18    personnel, parents, and key stakeholders throughout the
19    community and all of the following:
20            (A) community action councils;
21            (B) local school councils or, if not present,
22        alternative parent and community governance for that
23        school;
24            (C) the Chicago Teachers Union; and
25            (D) all current principals.
26        (4) the enrollment capacity of each school and its

 

 

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1    rate of enrollment and historical and projected
2    enrollment, and current and projected demographic
3    information for the neighborhood surrounding the district
4    based on census data;
5        (5) a report on the assessment of individual building
6    and site conditions;
7        (6) a data table with historical and projected
8    enrollment data by school by grade;
9        (7) community analysis, including a study of current
10    and projected demographics, land usage, transportation
11    plans, residential housing and commercial development,
12    private schools, plans for water and sewage service
13    expansion or redevelopment, and institutions of higher
14    education;
15        (8) an analysis of the facility needs and requirements
16    and a process to address critical facility capital needs
17    of every school building, which shall be publicly
18    available on the district's Internet website for schools
19    and communities to have access to the information;
20        (9) identification of potential sources of funding for
21    the implementation of the Educational Facility Master
22    Plan, including financial options through tax increment
23    financing, property tax levies for schools, and bonds that
24    address critical facility needs; and
25        (10) any school building disposition, including a plan
26    delineating the process through which citizen involvement

 

 

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1    is facilitated and establishing the criteria that is
2    utilized in building disposition decisions, one of which
3    shall be consideration of the impact of any proposed new
4    use of a school building on the neighborhood in which the
5    school building is located and how it may impact
6    enrollment of schools in that community area.
7    (d) On or before May 1, 2013, the chief executive officer
8or his or her designee shall prepare and distribute for
9comment a preliminary draft of the Educational Facility Master
10Plan. The draft plan shall be distributed to the City of
11Chicago, the County of Cook, the Chicago Park District, the
12Chicago Housing Authority, the Chicago Transit Authority,
13attendance centers operated by the district, and charter
14schools operating within the district. Each attendance center
15shall make the draft plan available to the local school
16council at the annual organizational meeting or to an
17alternative advisory body and to the parents, guardians, and
18staff of the school. The draft plan also shall be distributed
19to each State Senator and State Representative with a district
20in the City of Chicago, to the Mayor of the City of Chicago,
21and to each alderperson alderman of the City.
22    (e) The chief executive or his or her designee shall
23publish a procedure for conducting regional public hearings
24and submitting public comments on the draft plan and an annual
25capital improvement hearing that shall discuss the district's
26annual capital budget and that is not in conjunction with

 

 

HB0045- 205 -LRB102 03834 RJF 13848 b

1operating budget hearings.
2    (f) After consideration of public input on the draft plan,
3the chief executive officer or his or her designee shall
4prepare and publish a report describing the public input
5gathered and the process used to incorporate public input in
6the development of the final plan to be recommended to the
7Board.
8    (g) The chief executive officer shall present the final
9plan and report to the Board for final consideration and
10approval.
11    (h) The final approved Educational Facility Master Plan
12shall be published on the district's website.
13    (i) No later than July 1, 2016, and every 5 years
14thereafter, the chief executive officer or his or her designee
15shall prepare and submit for public comment a draft revised
16Educational Facility Master Plan following the procedures
17required for development of the original plan.
18    (j) This proposed revised plan shall reflect the progress
19achieved during the first 2 1/2 years of the Educational
20Facility Master Plan.
21    (k) On or before December 1, 2018, the Board shall adopt a
22policy to address under-enrolled schools. The policy must
23contain a list of potential interventions to address schools
24with declining enrollment, including, but not limited to,
25action by the district to: (i) create a request for proposals
26for joint use of the school with an intergovernmental rental

 

 

HB0045- 206 -LRB102 03834 RJF 13848 b

1or other outside entity rental, (ii) except for a charter
2school, cease any potential plans for school expansion that
3may negatively impact enrollment at the under-enrolled school,
4(iii) redraft attendance boundaries to maximize enrollment of
5additional students, or (iv) work with under-enrolled schools
6to identify opportunities to increase enrollment and lower the
7costs of occupancy through joint use agreements.
8(Source: P.A. 99-531, eff. 7-8-16; 100-965, eff. 8-19-18.)
 
9    (105 ILCS 5/34-230)
10    Sec. 34-230. School action public meetings and hearings.
11    (a) By October 1 of each year, the chief executive officer
12shall prepare and publish guidelines for school actions. The
13guidelines shall outline the academic and non-academic
14criteria for a school action. These guidelines shall be
15created with the involvement of local school councils,
16parents, educators, and community organizations. These
17guidelines, and each subsequent revision, shall be subject to
18a public comment period of at least 21 days before their
19approval.
20    (b) The chief executive officer shall announce all
21proposed school actions to be taken at the close of the current
22academic year consistent with the guidelines by December 1 of
23each year.
24    (c) On or before December 1 of each year, the chief
25executive officer shall publish notice of the proposed school

 

 

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1actions.
2        (1) Notice of the proposal for a school action shall
3    include a written statement of the basis for the school
4    action, an explanation of how the school action meets the
5    criteria set forth in the guidelines, and a draft School
6    Transition Plan identifying the items required in Section
7    34-225 of this Code for all schools affected by the school
8    action. The notice shall state the date, time, and place
9    of the hearing or meeting. For a school closure only, 8
10    months after notice is given, the chief executive officer
11    must publish on the district's website a full financial
12    report on the closure that includes an analysis of the
13    closure's costs and benefits to the district.
14        (2) The chief executive officer or his or her designee
15    shall provide notice to the principal, staff, local school
16    council, and parents or guardians of any school that is
17    subject to the proposed school action.
18        (3) The chief executive officer shall provide written
19    notice of any proposed school action to the State Senator,
20    State Representative, and alderperson alderman for the
21    school or schools that are subject to the proposed school
22    action.
23        (4) The chief executive officer shall publish notice
24    of proposed school actions on the district's Internet
25    website.
26        (5) The chief executive officer shall provide notice

 

 

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1    of proposed school actions at least 30 calendar days in
2    advance of a public hearing or meeting. The notice shall
3    state the date, time, and place of the hearing or meeting.
4    No Board decision regarding a proposed school action may
5    take place less than 60 days after the announcement of the
6    proposed school action.
7    (d) The chief executive officer shall publish a brief
8summary of the proposed school actions and the date, time, and
9place of the hearings or meetings in a newspaper of general
10circulation.
11    (e) The chief executive officer shall designate at least 3
12opportunities to elicit public comment at a hearing or meeting
13on a proposed school action and shall do the following:
14        (1) Convene at least one public hearing at the
15    centrally located office of the Board.
16        (2) Convene at least 2 additional public hearings or
17    meetings at a location convenient to the school community
18    subject to the proposed school action.
19    (f) Public hearings shall be conducted by a qualified
20independent hearing officer chosen from a list of independent
21hearing officers. The general counsel shall compile and
22publish a list of independent hearing officers by November 1
23of each school year. The independent hearing officer shall
24have the following qualifications:
25        (1) he or she must be a licensed attorney eligible to
26    practice law in Illinois;

 

 

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1        (2) he or she must not be an employee of the Board; and
2        (3) he or she must not have represented the Board, its
3    employees or any labor organization representing its
4    employees, any local school council, or any charter or
5    contract school in any capacity within the last year.
6    The independent hearing officer shall issue a written
7report that summarizes the hearing and determines whether the
8chief executive officer complied with the requirements of this
9Section and the guidelines.
10    The chief executive officer shall publish the report on
11the district's Internet website within 5 calendar days after
12receiving the report and at least 15 days prior to any Board
13action being taken.
14    (g) Public meetings shall be conducted by a representative
15of the chief executive officer. A summary of the public
16meeting shall be published on the district's Internet website
17within 5 calendar days after the meeting.
18    (h) If the chief executive officer proposes a school
19action without following the mandates set forth in this
20Section, the proposed school action shall not be approved by
21the Board during the school year in which the school action was
22proposed.
23(Source: P.A. 101-133, eff. 7-26-19.)
 
24    (105 ILCS 5/34-235)
25    (Text of Section from P.A. 97-473)

 

 

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1    Sec. 34-235. Emergencies. Nothing in Sections 34-200
2through 34-235 of this Code prevents the district from taking
3emergency action to protect the health and safety of students
4and staff in an attendance center. In the event of an emergency
5that requires the district to close all or part of a school
6facility, including compliance with a directive of a duly
7authorized public safety agency, the chief executive officer
8or his or her designees are authorized to take all steps
9necessary to protect the safety of students and staff,
10including relocation of the attendance center to another
11location or closing the attendance center. In such cases, the
12chief executive officer shall provide written notice of the
13basis for the emergency action within 3 days after declaring
14the emergency and shall publish the steps that have been taken
15or will be taken to address the emergency within 10 days after
16declaring the emergency. The notice shall be posted on the
17district's website and provided to the principal, the local
18school council, and the State Senator, the State
19Representative, and the alderperson Alderman of the school
20that is the subject of the emergency action. The notice shall
21explain why the district could not comply with the provisions
22in Sections 34-200 through 34-235 of this Code.
23(Source: P.A. 97-473, eff. 1-1-12.)
 
24    (Text of Section from P.A. 97-474)
25    Sec. 34-235. Emergencies. Nothing in Sections 34-200

 

 

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1through 34-235 of this Code prevents the district from taking
2emergency action to protect the health and safety of students
3and staff in an attendance center. In the event of an emergency
4that requires the district to close all or part of a school
5facility, including compliance with a directive of a duly
6authorized public safety agency, the chief executive officer
7or his or her designees are authorized to take all steps
8necessary to protect the safety of students and staff,
9including relocation of the attendance center to another
10location or closing the attendance center. In such cases, the
11chief executive officer shall provide written notice of the
12basis for the emergency action within 3 days after declaring
13the emergency and shall publish the steps that have been taken
14or will be taken to address the emergency within 10 days after
15declaring the emergency. The notice shall be posted on the
16district's website and provided to the principal, the local
17school council, and the State Senator, the State
18Representative, and the alderperson alderman of the school
19that is the subject of the emergency action. The notice shall
20explain why the district could not comply with the provisions
21in Sections 34-200 through 34-235 of this Code.
22(Source: P.A. 97-474, eff. 8-22-11.)
 
23    Section 70. The Liquor Control Act of 1934 is amended by
24changing Sections 4-1, 6-2, and 6-11 as follows:
 

 

 

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1    (235 ILCS 5/4-1)  (from Ch. 43, par. 110)
2    Sec. 4-1. In every city, village or incorporated town, the
3city council or president and board of trustees, and in
4counties in respect of territory outside the limits of any
5such city, village or incorporated town the county board shall
6have the power by general ordinance or resolution to determine
7the number, kind and classification of licenses, for sale at
8retail of alcoholic liquor not inconsistent with this Act and
9the amount of the local licensee fees to be paid for the
10various kinds of licenses to be issued in their political
11subdivision, except those issued to the specific non-beverage
12users exempt from payment of license fees under Section 5-3
13which shall be issued without payment of any local license
14fees, and the manner of distribution of such fees after their
15collection; to regulate or prohibit the presence of persons
16under the age of 21 on the premises of licensed retail
17establishments of various kinds and classifications where
18alcoholic liquor is drawn, poured, mixed or otherwise served
19for consumption on the premises; to prohibit any minor from
20drawing, pouring, or mixing any alcoholic liquor as an
21employee of any retail licensee; and to prohibit any minor
22from at any time attending any bar and from drawing, pouring or
23mixing any alcoholic liquor in any licensed retail premises;
24and to establish such further regulations and restrictions
25upon the issuance of and operations under local licenses not
26inconsistent with law as the public good and convenience may

 

 

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1require; and to provide penalties for the violation of
2regulations and restrictions, including those made by county
3boards, relative to operation under local licenses; provided,
4however, that in the exercise of any of the powers granted in
5this section, the issuance of such licenses shall not be
6prohibited except for reasons specifically enumerated in
7Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
8    However, in any municipality with a population exceeding
91,000,000 that has adopted the form of government authorized
10under "An Act concerning cities, villages, and incorporated
11towns, and to repeal certain Acts herein named", approved
12August 15, 1941, as amended, no person shall be granted any
13license or privilege to sell alcoholic liquors between the
14hours of two o'clock a.m. and seven o'clock a.m. on week days
15unless such person has given at least 14 days prior written
16notice to the alderperson alderman of the ward in which such
17person's licensed premises are located stating his intention
18to make application for such license or privilege and unless
19evidence confirming service of such written notice is included
20in such application. Any license or privilege granted in
21violation of this paragraph shall be null and void.
22(Source: P.A. 99-46, eff. 7-15-15.)
 
23    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
24    Sec. 6-2. Issuance of licenses to certain persons
25prohibited.

 

 

HB0045- 214 -LRB102 03834 RJF 13848 b

1    (a) Except as otherwise provided in subsection (b) of this
2Section and in paragraph (1) of subsection (a) of Section
33-12, no license of any kind issued by the State Commission or
4any local commission shall be issued to:
5        (1) A person who is not a resident of any city, village
6    or county in which the premises covered by the license are
7    located; except in case of railroad or boat licenses.
8        (2) A person who is not of good character and
9    reputation in the community in which he resides.
10        (3) (Blank).
11        (4) A person who has been convicted of a felony under
12    any Federal or State law, unless the Commission determines
13    that such person will not be impaired by the conviction in
14    engaging in the licensed practice after considering
15    matters set forth in such person's application in
16    accordance with Section 6-2.5 of this Act and the
17    Commission's investigation.
18        (5) A person who has been convicted of keeping a place
19    of prostitution or keeping a place of juvenile
20    prostitution, promoting prostitution that involves keeping
21    a place of prostitution, or promoting juvenile
22    prostitution that involves keeping a place of juvenile
23    prostitution.
24        (6) A person who has been convicted of pandering.