Illinois General Assembly - Full Text of SB3576
Illinois General Assembly

Previous General Assemblies

Full Text of SB3576  97th General Assembly

SB3576enr 97TH GENERAL ASSEMBLY



 


 
SB3576 EnrolledLRB097 18596 KMW 63828 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 3.1-10-5, 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
17other indebtedness due to the municipality or has been
18convicted in any court located in the United States of any
19infamous crime, bribery, perjury, or other felony.
20    (c) A person is not eligible for the office of alderman of
21a ward unless that person has resided in the ward that the
22person seeks to represent, and a person is not eligible for the
23office of trustee of a district unless that person has resided

 

 

SB3576 Enrolled- 2 -LRB097 18596 KMW 63828 b

1in the municipality, at least one year next preceding the
2election or appointment, except as provided in subsection (c)
3of Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
4Section 5-2-2, or Section 5-2-11.
5    (d) If a person (i) is a resident of a municipality
6immediately prior to the active duty military service of that
7person or that person's spouse, (ii) resides anywhere outside
8of the municipality during that active duty military service,
9and (iii) immediately upon completion of that active duty
10military service is again a resident of the municipality, then
11the time during which the person resides outside the
12municipality during the active duty military service is deemed
13to be time during which the person is a resident of the
14municipality for purposes of determining the residency
15requirement under subsection (a).
16(Source: P.A. 95-61, eff. 8-13-07; 95-646, eff. 1-1-08; 95-876,
17eff. 8-21-08.)
 
18    (65 ILCS 5/3.1-20-10)  (from Ch. 24, par. 3.1-20-10)
19    Sec. 3.1-20-10. Aldermen; number.
20    (a) Except as otherwise provided in subsections (b) and (c)
21of this Section, Section 3.1-20-20, or as otherwise provided in
22the case of aldermen-at-large, the number of aldermen, when not
23elected by the minority representation plan, shall be
24determined using the most recent federal decennial census
25results as follows:

 

 

SB3576 Enrolled- 3 -LRB097 18596 KMW 63828 b

1    (1) in cities not exceeding 3,000 inhabitants, 6 aldermen;
2    (2) in cities exceeding 3,000 but not exceeding 15,000, 8
3aldermen;
4    (3) in cities exceeding 15,000 but not exceeding 20,000, 10
5aldermen;
6    (4) in cities exceeding 20,000 but not exceeding 50,000, 14
7aldermen;
8    (5) in cities exceeding 50,000 but not exceeding 70,000, 16
9aldermen;
10    (6) in cities exceeding 70,000 but not exceeding 90,000, 18
11aldermen; and
12    (7) in cities exceeding from 90,000 but not exceeding to
13500,000, 20 aldermen.
14    No redistricting shall be required in order to reduce the
15number of aldermen in order to comply with this Section.
16    (b) Instead of the number of aldermen set forth in
17subsection (a), a municipality with 15,000 or more inhabitants
18may adopt, either by ordinance or by resolution, not more than
19one year after the municipality's receipt of the new federal
20decennial census results, the following number of aldermen: in
21cities exceeding 15,000 but not exceeding 20,000, 8 aldermen;
22exceeding 20,000 but not exceeding 50,000, 10 aldermen;
23exceeding 50,000 but not exceeding 70,000, 14 aldermen;
24exceeding 70,000 but not exceeding 90,000, 16 aldermen; and
25exceeding 90,000 but not exceeding 500,000, 18 aldermen.
26    (c) Instead of the number of aldermen set forth in

 

 

SB3576 Enrolled- 4 -LRB097 18596 KMW 63828 b

1subsection (a), a municipality with 40,000 or more inhabitants
2may adopt, either by ordinance or by resolution, not more than
3one year after the municipality's receipt of the new federal
4decennial census results, the following number of aldermen: in
5cities exceeding 40,000 but not exceeding 50,000, 16 aldermen.
6    (d) If, according to the most recent federal decennial
7census results, the population of a municipality increases or
8decreases under this Section, then the municipality may adopt
9an ordinance or resolution to retain the number of aldermen
10that existed before the most recent federal decennial census
11results. The ordinance or resolution may not be adopted more
12than one year after the municipality's receipt of the most
13recent federal decennial census results.
14(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11.)
 
15    (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
16    Sec. 3.1-20-25. Redistricting a city.
17    (a) In the formation of wards, the number of inhabitants of
18the city immediately preceding the division of the city into
19wards shall be as nearly equal in population, and the wards
20shall be of as compact and contiguous territory, as
21practicable. Wards shall be created in a manner so that, as far
22as practicable, no precinct shall be divided between 2 or more
23wards.
24    (b) Whenever an official decennial census shows that a city
25contains more or fewer wards than it is entitled to, the city

 

 

SB3576 Enrolled- 5 -LRB097 18596 KMW 63828 b

1council of the city, by ordinance, shall redistrict the city
2into as many wards as the city is entitled. This redistricting
3shall be completed not less than 30 days before the first day
4set by the general election law for the filing of candidate
5petitions for the next succeeding election for city officers.
6At this election there shall be elected the number of aldermen
7to which the city is entitled, except as provided in subsection
8(c).
9    (c) If it appears from any official decennial census that
10it is necessary to redistrict under subsection (b) or for any
11other reason a city has the requisite number of inhabitants to
12authorize it to increase the number of aldermen, the city
13council shall immediately proceed to redistrict the city and
14shall hold the next city election in accordance with the new
15redistricting. At this election the aldermen whose terms of
16office are not expiring shall be considered aldermen for the
17new wards respectively in which their residences are situated.
18At this election, in a municipality that is not a newly
19incorporated municipality, a candidate for alderman may be
20elected from any ward that contains a part of the ward in which
21he or she resided at least one year next preceding the election
22that follows the redistricting, and, if elected, that person
23may be reelected from the new ward he or she represents if he
24or she resides in that ward for at least one year next
25preceding reelection. If there are 2 or more aldermen with
26terms of office not expiring and residing in the same ward

 

 

SB3576 Enrolled- 6 -LRB097 18596 KMW 63828 b

1under the new redistricting, the alderman who holds over for
2that ward shall be determined by lot in the presence of the
3city council, in the manner directed by the council, and all
4other aldermen shall fill their unexpired terms as
5aldermen-at-large. The aldermen-at-large, if any, shall have
6the same powers and duties as all other aldermen, but upon the
7expiration of their terms the offices of aldermen-at-large
8shall be abolished.
9    (d) If the redistricting results in one or more wards in
10which no aldermen reside whose terms of office have not
11expired, 2 aldermen shall be elected in accordance with Section
123.1-20-35, unless the city elected only one alderman per ward
13pursuant to a referendum under subsection (a) of Section
143.1-20-20.
15    (e) A redistricting ordinance that has decreased the number
16of wards of a city because of a decrease in population of the
17city shall not be effective if, not less than 60 days before
18the time fixed for the next succeeding general municipal
19election, an official census is officially published that shows
20that the city has regained a population that entitles it to the
21number of wards that it had just before the passage of the last
22redistricting ordinance.
23(Source: P.A. 95-646, eff. 1-1-08.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.