Full Text of HB1401 99th General Assembly
HB1401ham002 99TH GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 4/20/2015
| | 09900HB1401ham002 | | LRB099 00146 AWJ 34421 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1401
| 2 | | AMENDMENT NO. ______. Amend House Bill 1401 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and | 6 | | 3.1-20-22 as follows:
| 7 | | (65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
| 8 | | Sec. 3.1-10-65. Referendum to reduce terms.
| 9 | | (a) Except as otherwise provided in subsection (c), in In | 10 | | any municipality of less than 500,000 inhabitants, a
| 11 | | proposition to reduce the terms of the elective officers of the
| 12 | | municipality from 4 years to 2 years may be submitted, within | 13 | | the discretion of
the corporate authorities, to the electors of | 14 | | the municipality. The
proposition shall also be submitted if a | 15 | | petition requesting that action is
signed by electors of the | 16 | | municipality numbering not less than 10% of
the total vote cast |
| | | 09900HB1401ham002 | - 2 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | at the last election for mayor or president of the
municipality | 2 | | and the petition is filed with the municipal clerk and
| 3 | | certified in accordance with the general election law. The | 4 | | proposition shall be
substantially in the following form:
| 5 | | Shall the term of the elective officers of (name of | 6 | | municipality) be
reduced from 4 years to 2 years?
| 7 | | (b) If a majority of the electors voting on the proposition | 8 | | vote
against it, the terms of the officers shall remain 4 | 9 | | years. If, however,
a majority of those voting on the | 10 | | proposition vote in favor of it, the
officers elected at the | 11 | | next regular election for officers in the
municipality shall | 12 | | hold their offices for a term of 2 years and until
their | 13 | | successors are elected and have qualified, except in the case | 14 | | of
trustees and aldermen. In the case of aldermen and trustees:
| 15 | | (i) at the first election of aldermen or trustees that occurs | 16 | | in
an odd numbered year following the vote to reduce the length | 17 | | of terms,
successors to aldermen or trustees whose terms expire | 18 | | in that year shall
be elected for a term of one year and until | 19 | | their successors are elected
and have qualified and (ii) | 20 | | thereafter, one-half of the aldermen or
trustees shall be | 21 | | elected each year for terms of 2 years and until their
| 22 | | successors are elected and have qualified.
| 23 | | (c) Notwithstanding the provisions of subsections (a) and | 24 | | (b), on or after 60 days after the effective date of this | 25 | | amendatory Act of the 99th General Assembly, the corporate | 26 | | authorities of each municipality with a population of less than |
| | | 09900HB1401ham002 | - 3 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | 40,000 shall designate by ordinance or resolution one-half of | 2 | | the aldermen or trustees to serve a 4-year term and one-half of | 3 | | the aldermen or trustees to serve a 2-year term. Within 7 days | 4 | | after the corporate authorities determine which terms shall be | 5 | | for 4 years and which terms shall be for 2 years, but no later | 6 | | than August 1, 2015, the corporate authorities shall report and | 7 | | certify to the election authority the aldermen or trustees | 8 | | whose terms are for 4 years or 2 years. The provisions of this | 9 | | subsection shall not apply to a municipality that has adopted a | 10 | | commission form of municipal government. The staggered terms | 11 | | shall commence as follows: | 12 | | (1) For a municipality that has elected aldermen or | 13 | | trustees in 2013, at the 2017 election, one-half of the | 14 | | aldermen or trustees shall be elected for a 4-year term, | 15 | | and one-half of the aldermen or trustees shall be elected | 16 | | for a 2-year term. Thereafter, all aldermen or trustees | 17 | | shall be elected for a 4-year term. | 18 | | (2) For a municipality that has elected aldermen or | 19 | | trustees in 2015, at the 2019 election, one-half of the | 20 | | aldermen or trustees shall be elected for a 4-year term, | 21 | | and one-half of the aldermen or trustees shall be elected | 22 | | for a 2-year term. Thereafter, all aldermen or trustees | 23 | | shall be elected for a 4-year term. | 24 | | Notwithstanding the provisions of subsections (a) and (b), | 25 | | on and after the effective date of this amendatory Act of the | 26 | | 99th General Assembly, a municipality with a population of less |
| | | 09900HB1401ham002 | - 4 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | than 40,000 may not reduce the length of terms of its aldermen | 2 | | or trustees from 4 years to 2 years by referendum or otherwise. | 3 | | (Source: P.A. 87-1119.)
| 4 | | (65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
| 5 | | Sec. 3.1-10-75. Referendum to lengthen terms.
| 6 | | (a) Except as otherwise provided in subsection (c), in In | 7 | | any municipality of
less than 500,000 inhabitants
that, under | 8 | | Section 3.1-10-65, has voted to shorten the terms of
elective | 9 | | officers, a proposition to lengthen the terms of the elective
| 10 | | officers of the municipality from 2 years to 4 years may be | 11 | | submitted,
within the discretion of the corporate authorities, | 12 | | to the electors of
the municipality.
The proposition shall be | 13 | | certified by the municipal clerk to the appropriate
election | 14 | | authorities, who shall submit the proposition at an election in
| 15 | | accordance
with the general election law. The proposition shall | 16 | | also be submitted at
an election if a petition requesting that | 17 | | action
is signed by electors of the municipality numbering not | 18 | | less than 10% of
the total vote cast at the last election for | 19 | | mayor or president of the
municipality and the petition is | 20 | | filed with the municipal clerk.
The proposition shall be | 21 | | substantially in the
following form:
| 22 | | Shall the term of the elective
officers of (name of | 23 | | municipality)
be lengthened from 2 years to 4 years?
| 24 | | (b) If a majority of the electors voting on the proposition | 25 | | vote
against it, the terms of the officers shall remain 2 |
| | | 09900HB1401ham002 | - 5 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | years. If, however,
a majority of those voting on the | 2 | | proposition vote in favor of it, the
officers elected at the | 3 | | next regular election for officers in the
municipality shall | 4 | | hold their offices for a term of 4 years and until
their | 5 | | successors are elected and have qualified, except in the case | 6 | | of
trustees and aldermen. In the case of aldermen and trustees:
| 7 | | (i) if the first election for aldermen or trustees, after
| 8 | | approval of the proposition, occurs in an even numbered year, | 9 | | the
aldermen or trustees elected in that even numbered year | 10 | | shall serve for
terms of 3 years and until their successors are | 11 | | elected and have qualified, the
terms for successors to those | 12 | | elected at the first even numbered year
election shall be 4 | 13 | | years and until successors are elected and have qualified,
the | 14 | | aldermen or trustees elected at the first odd numbered year | 15 | | election
next following the first even numbered year election | 16 | | shall serve for
terms of 4 years and until successors are | 17 | | elected and have qualified, and
successors elected after the | 18 | | first odd numbered year shall also serve 4
year terms and until | 19 | | their successors are elected and have qualified and (ii) if
the | 20 | | first election for aldermen or trustees, after approval of the
| 21 | | proposition, occurs in an odd numbered year, the aldermen or | 22 | | trustees
elected in that odd numbered year shall serve for | 23 | | terms of 4 years and
until their successors are elected and | 24 | | have qualified, the terms for successors
to those elected at | 25 | | the first odd numbered year election shall be for 4
years and | 26 | | until successors are elected and have qualified, the aldermen |
| | | 09900HB1401ham002 | - 6 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | or
trustees elected at the first even numbered year election | 2 | | next following
the first odd numbered year election shall serve | 3 | | for terms of one year
and until their successors are elected | 4 | | and have qualified, and the terms for
successors to those | 5 | | elected at the first odd numbered year election
shall be 4 | 6 | | years and until their successors are elected and have | 7 | | qualified.
| 8 | | (c) Notwithstanding the provisions of subsections (a) and | 9 | | (b), on or after 60 days after the effective date of this | 10 | | amendatory Act of the 99th General Assembly, the corporate | 11 | | authorities of each municipality with a population of less than | 12 | | 40,000 shall designate by ordinance or resolution one-half of | 13 | | the aldermen or trustees to serve a 4-year term and one-half of | 14 | | the aldermen or trustees to serve a 2-year term. Within 7 days | 15 | | after the corporate authorities determine which terms shall be | 16 | | for 4 years and which terms shall be for 2 years, but no later | 17 | | than August 1, 2015, the corporate authorities shall report and | 18 | | certify to the election authority the aldermen or trustees | 19 | | whose terms are for 4 years or 2 years. The provisions of this | 20 | | subsection shall not apply to a municipality that has adopted a | 21 | | commission form of municipal government. The staggered terms | 22 | | shall commence as follows: | 23 | | (1) For a municipality that has elected aldermen or | 24 | | trustees in 2013, at the 2017 election, one-half of the | 25 | | aldermen or trustees shall be elected for a 4-year term, | 26 | | and one-half of the aldermen or trustees shall be elected |
| | | 09900HB1401ham002 | - 7 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | for a 2-year term. Thereafter, all aldermen or trustees | 2 | | shall be elected for a 4-year term. | 3 | | (2) For a municipality that has elected aldermen or | 4 | | trustees in 2015, at the 2019 election, one-half of the | 5 | | aldermen or trustees shall be elected for a 4-year term, | 6 | | and one-half of the aldermen or trustees shall be elected | 7 | | for a 2-year term. Thereafter, all aldermen or trustees | 8 | | shall be elected for a 4-year term. | 9 | | (Source: P.A. 87-1119.)
| 10 | | (65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
| 11 | | Sec. 3.1-15-40. Staggered elections under minority plans. | 12 | | On or after 60 days after the effective date of this | 13 | | amendatory Act of the 99th General Assembly, the corporate | 14 | | authorities of each municipality with a population of less than | 15 | | 40,000 shall designate by ordinance or resolution one-half of | 16 | | the aldermen or trustees to serve a 4-year term and one-half of | 17 | | the aldermen or trustees to serve a 2-year term. Within 7 days | 18 | | after the corporate authorities determine which terms shall be | 19 | | for 4 years and which terms shall be for 2 years, but no later | 20 | | than August 1, 2015, the corporate authorities shall report and | 21 | | certify to the election authority the aldermen or trustees | 22 | | whose terms are for 4 years or 2 years. The provisions of this | 23 | | subsection shall not apply to a municipality that has adopted a | 24 | | commission form of municipal government. The staggered terms | 25 | | shall commence as follows: |
| | | 09900HB1401ham002 | - 8 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | (1) For a municipality that has elected aldermen or | 2 | | trustees in 2013, at the 2017 election, one-half of the | 3 | | aldermen or trustees shall be elected for a 4-year term, | 4 | | and one-half of the aldermen or trustees shall be elected | 5 | | for a 2-year term. Thereafter, all aldermen or trustees | 6 | | shall be elected for a 4-year term. | 7 | | (2) For a municipality that has elected aldermen or | 8 | | trustees in 2015, at the 2019 election, one-half of the | 9 | | aldermen or trustees shall be elected for a 4-year term, | 10 | | and one-half of the aldermen or trustees shall be elected | 11 | | for a 2-year term. Thereafter, all aldermen or trustees | 12 | | shall be elected for a 4-year term. | 13 | | In all other
cities
that adopt or have adopted the minority | 14 | | representation plan for the
election of aldermen and have
not | 15 | | already staggered the terms of their aldermen, the city council | 16 | | may
provide by ordinance that at any ensuing general municipal | 17 | | election
for city officers the aldermen in every alternate | 18 | | district shall be elected
for one term of 2 years and, at the | 19 | | expiration of that term of 2 years,
for regular terms of 4 | 20 | | years. This Section does not prohibit a city from
voting in | 21 | | favor of a 2 year term for city officers as provided in Section
| 22 | | 3.1-10-65. The provisions of the general election law shall | 23 | | govern elections
under this Section.
| 24 | | (Source: P.A. 87-1119.)
| 25 | | (65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
|
| | | 09900HB1401ham002 | - 9 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | Sec. 3.1-20-22. Aldermen; staggered terms. | 2 | | (a) Except as otherwise provided in subsection (b), in In | 3 | | any city of less than
100,000 inhabitants, a
proposition to | 4 | | stagger the terms of aldermen, with as nearly as possible
| 5 | | one-half of the aldermen elected every 2 years, shall be | 6 | | certified by the
city clerk to the proper election authority, | 7 | | who shall submit the
proposition at an election in accordance | 8 | | with the general election law, if
a petition requesting that | 9 | | action is signed by electors of the city
numbering at least 10% | 10 | | of the total vote cast at the last election for mayor of
the
| 11 | | city and is filed with the city clerk.
| 12 | | The ballot shall have printed on it, but not as a part of | 13 | | the
proposition submitted, the following information for | 14 | | voters: one alderman
elected from each even-numbered ward shall | 15 | | serve a term of 2 years; one
alderman elected from each | 16 | | odd-numbered ward shall serve a term of 4 years.
| 17 | | The proposition shall be substantially in the following | 18 | | form:
| 19 | | Shall (name of city) adopt
a system of staggered terms
| 20 | | for aldermen?
| 21 | | If a majority of those voting on the proposition vote in | 22 | | favor of it, then at
the next regular election for aldermen one | 23 | | alderman shall be elected from
each even-numbered ward for a | 24 | | term of 2 years and one alderman shall be
elected from each | 25 | | odd-numbered ward for a term of 4 years. Thereafter,
their | 26 | | successors shall be elected for terms of 4 years.
|
| | | 09900HB1401ham002 | - 10 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | (b) On or after 60 days after the effective date of this | 2 | | amendatory Act of the 99th General Assembly, the corporate | 3 | | authorities of each municipality with a population of less than | 4 | | 40,000 shall designate by ordinance or resolution one-half of | 5 | | the aldermen or trustees to serve a 4-year term and one-half of | 6 | | the aldermen or trustees to serve a 2-year term. Within 7 days | 7 | | after the corporate authorities determine which terms shall be | 8 | | for 4 years and which terms shall be for 2 years, but no later | 9 | | than August 1, 2015, the corporate authorities shall report and | 10 | | certify to the election authority the aldermen or trustees | 11 | | whose terms are for 4 years or 2 years. The provisions of this | 12 | | subsection shall not apply to a municipality that has adopted a | 13 | | commission form of municipal government. The staggered terms | 14 | | shall commence as follows: | 15 | | (1) For a municipality that has elected aldermen or | 16 | | trustees in 2013, at the 2017 election, one-half of the | 17 | | aldermen or trustees shall be elected for a 4-year term, | 18 | | and one-half of the aldermen or trustees shall be elected | 19 | | for a 2-year term. Thereafter, all aldermen or trustees | 20 | | shall be elected for a 4-year term. | 21 | | (2) For a municipality that has elected aldermen or | 22 | | trustees in 2015, at the 2019 election, one-half of the | 23 | | aldermen or trustees shall be elected for a 4-year term, | 24 | | and one-half of the aldermen or trustees shall be elected | 25 | | for a 2-year term. Thereafter, all aldermen or trustees | 26 | | shall be elected for a 4-year term. |
| | | 09900HB1401ham002 | - 11 - | LRB099 00146 AWJ 34421 a |
|
| 1 | | (Source: P.A. 87-1119.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
|
|