Sen. John M. Sullivan

Filed: 2/28/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3576

2    AMENDMENT NO. ______. Amend Senate Bill 3576 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 3.1-10-5, 3.1-20-10, and 3.1-20-25 as
6follows:
 
7    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
8    Sec. 3.1-10-5. Qualifications; elective office.
9    (a) A person is not eligible for an elective municipal
10office unless that person is a qualified elector of the
11municipality and has resided in the municipality at least one
12year next preceding the election or appointment, except as
13provided in subsection (c) of Section 3.1-20-25, subsection (b)
14of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
15    (b) A person is not eligible for an elective municipal
16office if that person is in arrears in the payment of a tax or

 

 

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1other indebtedness due to the municipality or has been
2convicted in any court located in the United States of any
3infamous crime, bribery, perjury, or other felony.
4    (c) A person is not eligible for the office of alderman of
5a ward unless that person has resided in the ward that the
6person seeks to represent, and a person is not eligible for the
7office of trustee of a district unless that person has resided
8in the municipality, at least one year next preceding the
9election or appointment, except as provided in subsection (c)
10of Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
11Section 5-2-2, or Section 5-2-11.
12    (d) If a person (i) is a resident of a municipality
13immediately prior to the active duty military service of that
14person or that person's spouse, (ii) resides anywhere outside
15of the municipality during that active duty military service,
16and (iii) immediately upon completion of that active duty
17military service is again a resident of the municipality, then
18the time during which the person resides outside the
19municipality during the active duty military service is deemed
20to be time during which the person is a resident of the
21municipality for purposes of determining the residency
22requirement under subsection (a).
23(Source: P.A. 95-61, eff. 8-13-07; 95-646, eff. 1-1-08; 95-876,
24eff. 8-21-08.)
 
25    (65 ILCS 5/3.1-20-10)  (from Ch. 24, par. 3.1-20-10)

 

 

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1    Sec. 3.1-20-10. Aldermen; number.
2    (a) Except as otherwise provided in subsections (b) and (c)
3of this Section, Section 3.1-20-20, or as otherwise provided in
4the case of aldermen-at-large, the number of aldermen, when not
5elected by the minority representation plan, shall be
6determined using the most recent federal decennial census
7results as follows:
8    (1) in cities not exceeding 3,000 inhabitants, 6 aldermen;
9    (2) in cities exceeding 3,000 but not exceeding 15,000, 8
10aldermen;
11    (3) in cities exceeding 15,000 but not exceeding 20,000, 10
12aldermen;
13    (4) in cities exceeding 20,000 but not exceeding 50,000, 14
14aldermen;
15    (5) in cities exceeding 50,000 but not exceeding 70,000, 16
16aldermen;
17    (6) in cities exceeding 70,000 but not exceeding 90,000, 18
18aldermen; and
19    (7) in cities exceeding from 90,000 but not exceeding to
20500,000, 20 aldermen.
21    No redistricting shall be required in order to reduce the
22number of aldermen in order to comply with this Section.
23    (b) Instead of the number of aldermen set forth in
24subsection (a), a municipality with 15,000 or more inhabitants
25may adopt, either by ordinance or by resolution, not more than
26one year after the municipality's receipt of the new federal

 

 

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1decennial census results, the following number of aldermen: in
2cities exceeding 15,000 but not exceeding 20,000, 8 aldermen;
3exceeding 20,000 but not exceeding 50,000, 10 aldermen;
4exceeding 50,000 but not exceeding 70,000, 14 aldermen;
5exceeding 70,000 but not exceeding 90,000, 16 aldermen; and
6exceeding 90,000 but not exceeding 500,000, 18 aldermen.
7    (c) Instead of the number of aldermen set forth in
8subsection (a), a municipality with 40,000 or more inhabitants
9may adopt, either by ordinance or by resolution, not more than
10one year after the municipality's receipt of the new federal
11decennial census results, the following number of aldermen: in
12cities exceeding 40,000 but not exceeding 50,000, 16 aldermen.
13    (d) If, according to the most recent federal decennial
14census results, the population of a municipality increases or
15decreases under this Section, then the municipality may adopt
16an ordinance or resolution to retain the number of aldermen
17that existed before the most recent federal decennial census
18results. The ordinance or resolution may not be adopted more
19than one year after the municipality's receipt of the most
20recent federal decennial census results.
21(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11.)
 
22    (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
23    Sec. 3.1-20-25. Redistricting a city.
24    (a) In the formation of wards, the number of inhabitants of
25the city immediately preceding the division of the city into

 

 

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

 

 

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1alderman may be elected from any ward that contains a part of
2the ward in which he or she resided at least one year next
3preceding the election that follows the redistricting, and, if
4elected, that person may be reelected from the new ward he or
5she represents if he or she resides in that ward for at least
6one year next preceding reelection. If there are 2 or more
7aldermen with terms of office not expiring and residing in the
8same ward under the new redistricting, the alderman who holds
9over for that ward shall be determined by lot in the presence
10of the city council, in the manner directed by the council, and
11all other aldermen shall fill their unexpired terms as
12aldermen-at-large. The aldermen-at-large, if any, shall have
13the same powers and duties as all other aldermen, but upon the
14expiration of their terms the offices of aldermen-at-large
15shall be abolished.
16    (d) If the redistricting results in one or more wards in
17which no aldermen reside whose terms of office have not
18expired, 2 aldermen shall be elected in accordance with Section
193.1-20-35, unless the city elected only one alderman per ward
20pursuant to a referendum under subsection (a) of Section
213.1-20-20.
22    (e) A redistricting ordinance that has decreased the number
23of wards of a city because of a decrease in population of the
24city shall not be effective if, not less than 60 days before
25the time fixed for the next succeeding general municipal
26election, an official census is officially published that shows

 

 

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1that the city has regained a population that entitles it to the
2number of wards that it had just before the passage of the last
3redistricting ordinance.
4(Source: P.A. 95-646, eff. 1-1-08.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".