Full Text of HB3444 99th General Assembly
HB3444ham001 99TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 4/8/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3444
| 2 | | AMENDMENT NO. ______. Amend House Bill 3444 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 3.1-10-5, 3.1-10-50, and 3.1-10-51 as | 6 | | follows:
| 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 | 10 | | office unless that
person is a qualified elector of the | 11 | | municipality and has resided in the
municipality at least
one | 12 | | year next preceding the election or appointment, except as | 13 | | provided in Section 3.1-20-25, subsection (b) of Section | 14 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
| 15 | | (b) A person is not eligible to take the oath of office for | 16 | | a municipal office if that person is, at the time required for |
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| 1 | | taking the oath of office, in arrears in the payment of a tax | 2 | | or other indebtedness due to the municipality or
has been | 3 | | convicted in any court located in the United States of any | 4 | | infamous
crime,
bribery, perjury, or other felony.
| 5 | | (b-5) (Blank) A person is not eligible to hold a municipal | 6 | | office, if that person is, at any time during the term of | 7 | | office, in arrears in the payment of a tax or other | 8 | | indebtedness due to the municipality or has been convicted in | 9 | | any court located in the United States of any infamous crime, | 10 | | bribery, perjury, or other felony . | 11 | | (c) A person is not eligible for the office of
alderman of | 12 | | a ward unless that person has resided
in the ward that the | 13 | | person seeks to represent, and a person is not eligible for the | 14 | | office of trustee of a district unless that person has resided | 15 | | in the
municipality, at least one year next
preceding the | 16 | | election or appointment, except
as provided in Section | 17 | | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, | 18 | | or Section 5-2-11.
| 19 | | (d) If a person (i) is a resident of a municipality | 20 | | immediately prior to the active duty military service of that | 21 | | person or that person's spouse, (ii) resides anywhere outside | 22 | | of the municipality during that active duty military service, | 23 | | and (iii) immediately upon completion of that active duty | 24 | | military service is again a resident of the municipality, then | 25 | | the time during which the person resides outside the | 26 | | municipality during the active duty military service is deemed |
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| 1 | | to be time during which the person is a resident of the | 2 | | municipality for purposes of determining the residency | 3 | | requirement under subsection (a).
| 4 | | (Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
| 5 | | (65 ILCS 5/3.1-10-50)
| 6 | | Sec. 3.1-10-50. Events upon which an elective office | 7 | | becomes vacant in municipality with population under 500,000.
| 8 | | (a) Vacancy by resignation. A resignation is not effective | 9 | | unless it is in
writing, signed by the person holding the | 10 | | elective office, and notarized.
| 11 | | (1) Unconditional resignation. An unconditional | 12 | | resignation by a person holding the elective office may | 13 | | specify a future date, not later than 60 days after the | 14 | | date the resignation is received by the officer authorized | 15 | | to fill the vacancy, at
which time it becomes operative, | 16 | | but the resignation may not be withdrawn after it is
| 17 | | received by the officer authorized to fill the vacancy. The | 18 | | effective date of a resignation that does not specify a | 19 | | future date at which it becomes operative is the date the
| 20 | | resignation is received by the officer authorized to fill | 21 | | the vacancy. The effective date of
a resignation that has a | 22 | | specified future effective date is that specified future | 23 | | date or the date the resignation is received by the officer | 24 | | authorized to fill the vacancy, whichever date occurs | 25 | | later. |
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| 1 | | (2) Conditional resignation. A resignation that does | 2 | | not become
effective unless a specified event occurs can be | 3 | | withdrawn at any time prior to the occurrence of the | 4 | | specified event, but if not withdrawn, the effective date | 5 | | of the
resignation is the date of the occurrence of the | 6 | | specified event or the date the resignation is received by | 7 | | the officer authorized to fill the vacancy, whichever date | 8 | | occurs later. | 9 | | (3) Vacancy upon the effective date. For the purpose of | 10 | | determining the time period that would require an election | 11 | | to fill the vacancy by resignation or the commencement of | 12 | | the 60-day time period referred to in subsection (e), the | 13 | | resignation of an elected officer is deemed to have created | 14 | | a vacancy as of the effective date of the resignation. | 15 | | (4) Duty of the clerk. If a resignation is delivered to | 16 | | the clerk of the municipality, the clerk shall forward a | 17 | | certified copy of the written resignation to the official | 18 | | who is authorized to fill the vacancy within 7 business | 19 | | days after receipt of the resignation. | 20 | | (b) Vacancy by death or disability. A vacancy occurs in an | 21 | | office by reason
of the death of the incumbent. The date of the | 22 | | death may be established by the date shown on the death
| 23 | | certificate. A vacancy occurs in an office by permanent | 24 | | physical or
mental disability rendering the person incapable of | 25 | | performing the duties of the office.
The corporate authorities | 26 | | have the authority to make the determination whether an officer |
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| 1 | | is incapable of performing the duties of the office because of | 2 | | a permanent physical or mental disability. A finding of mental | 3 | | disability shall not be made prior to the appointment by a | 4 | | court of a guardian ad litem for the officer or until a duly | 5 | | licensed
doctor certifies, in writing, that the officer is | 6 | | mentally impaired to the extent that the
officer is unable to | 7 | | effectively perform the duties of the office. If the corporate
| 8 | | authorities find that an officer is incapable of performing the | 9 | | duties of the office due to permanent
physical or mental | 10 | | disability, that person is removed from the office and the | 11 | | vacancy of the office occurs on the date of the determination. | 12 | | (c) Vacancy by other causes. | 13 | | (1) Abandonment and other causes. A vacancy occurs in | 14 | | an office by reason of abandonment of office; removal from | 15 | | office; or failure to qualify; or more than
temporary | 16 | | removal of residence from the municipality; or in the case | 17 | | of an alderman of a ward or councilman or trustee of a | 18 | | district, more than temporary removal of residence
from the | 19 | | ward or district, as the case may be. The corporate | 20 | | authorities have the authority to determine whether a | 21 | | vacancy under this subsection has occurred. If the | 22 | | corporate authorities determine that a vacancy exists, the | 23 | | office is deemed vacant as of the date of that | 24 | | determination for all purposes including the calculation | 25 | | under subsections (e), (f), and (g). | 26 | | (2) Guilty of a criminal offense. An admission of guilt |
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| 1 | | of a criminal
offense that upon conviction would disqualify | 2 | | the municipal officer from holding the
office, in the form | 3 | | of a written agreement with State or federal prosecutors to | 4 | | plead guilty to a felony, bribery, perjury, or other | 5 | | infamous crime under State or federal law, constitutes a | 6 | | resignation from that office, effective on the date the | 7 | | plea agreement is made. For purposes of this Section, a | 8 | | conviction for an offense that disqualifies a municipal | 9 | | officer from holding that office occurs on the date of the | 10 | | return of a guilty verdict or, in the case of a trial by | 11 | | the court, on the entry of a finding of guilt. | 12 | | (3) Election declared void. A vacancy occurs on the | 13 | | date of the decision of a competent tribunal declaring the | 14 | | election of the officer void. | 15 | | (4) Owing a debt to the municipality. A vacancy occurs | 16 | | if a municipal official fails to pay a debt to a | 17 | | municipality in which the official has been elected or | 18 | | appointed to an elected position. In order for this | 19 | | paragraph to apply, the municipal official shall have been | 20 | | delivered by certified mail or personal service a notice | 21 | | that (i) the municipal official is in arrears of a debt to | 22 | | a municipality, (ii) that the debt must be paid within 30 | 23 | | days after receipt of the notice, (iii) that once the debt | 24 | | is paid, proof of payment must be presented to the | 25 | | municipal clerk that the debt was paid in full, and (iv) if | 26 | | proof of payment is not presented to the municipal clerk, |
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| 1 | | the municipal official will be disqualified and his or her | 2 | | office vacated. For purposes of this paragraph, a municipal | 3 | | official is considered in arrears of a debt to a | 4 | | municipality if a debt is more than 30 days overdue from | 5 | | the date the debt was due. | 6 | | (d) Election of an acting mayor or acting president. The | 7 | | election of an acting mayor or acting president pursuant to | 8 | | subsection (f) or (g) does not create a vacancy in the original | 9 | | office of the person on the city council or as a trustee, as | 10 | | the case may be, unless the person resigns from the original | 11 | | office following election as acting mayor
or acting president. | 12 | | If the person resigns from the original office following
| 13 | | election as acting mayor or acting president, then the original | 14 | | office must be filled pursuant to the terms of this Section and | 15 | | the acting mayor or acting president shall
exercise the powers | 16 | | of the mayor or president and shall vote and have veto power in | 17 | | the manner provided by law for a mayor or president. If the | 18 | | person does not resign from
the original office following | 19 | | election as acting mayor or acting president, then the
acting | 20 | | mayor or acting president shall exercise the powers of the | 21 | | mayor or president but shall be entitled to vote only in the | 22 | | manner provided for as the holder of the original office and | 23 | | shall not have the power to veto. If the person does not resign | 24 | | from the
original office following election as acting mayor or | 25 | | acting president, and if that person's original term of office | 26 | | has not expired when a mayor or president is elected and has
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| 1 | | qualified for office, the acting mayor or acting-president | 2 | | shall return to the original office for the remainder of the | 3 | | term thereof. | 4 | | (e) Appointment to fill alderman or trustee vacancy. An | 5 | | appointment by the
mayor or president or acting mayor or acting | 6 | | president, as the case may be, of a qualified person as | 7 | | described in Section 3.1-10-5 of this Code to fill a vacancy in | 8 | | the office of alderman or trustee must be made within 60 days | 9 | | after the vacancy occurs. Once the appointment of the qualified | 10 | | person has been forwarded to the corporate
authorities, the | 11 | | corporate authorities shall act upon the appointment within 30 | 12 | | days. If the appointment fails to receive the advice and | 13 | | consent of the corporate authorities within 30 days, the mayor | 14 | | or president or acting mayor or acting president shall appoint | 15 | | and forward to the corporate authorities a second qualified | 16 | | person as described in Section 3.1-10-5. Once the appointment | 17 | | of the second qualified person has been
forwarded to the | 18 | | corporate authorities, the corporate authorities shall act | 19 | | upon the
appointment within 30 days. If the appointment of the | 20 | | second qualified person also fails to receive the advice and | 21 | | consent of the corporate authorities, then the mayor or | 22 | | president or acting mayor or acting president, without the | 23 | | advice and consent of the corporate authorities, may make a | 24 | | temporary appointment from those persons who were appointed but | 25 | | whose appointments failed to receive the advice and consent of | 26 | | the corporate authorities. The person receiving the temporary |
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| 1 | | appointment shall serve until an appointment has received the | 2 | | advice and consent and the appointee has qualified or until a | 3 | | person has been elected and has qualified, whichever first | 4 | | occurs. | 5 | | (f) Election to fill vacancies in municipal offices with | 6 | | 4-year terms. If a vacancy occurs in an elective municipal | 7 | | office with a 4-year term and there remains an unexpired | 8 | | portion of the term of at least 28 months, and the vacancy | 9 | | occurs at least 130 days before
the general municipal election | 10 | | next scheduled under the general election law, then the vacancy | 11 | | shall be filled for the remainder of the term at that general | 12 | | municipal election. Whenever
an election is held for this | 13 | | purpose, the municipal clerk shall certify the office to be | 14 | | filled and the candidates for the office to the proper election | 15 | | authorities as provided in the general election law. If a | 16 | | vacancy occurs with less than 28 months remaining in the
| 17 | | unexpired portion of the term or less than 130 days before the | 18 | | general municipal election, then: | 19 | | (1) Mayor or president. If the
vacancy is in the office | 20 | | of mayor or president, the vacancy must be filled by the
| 21 | | corporate authorities electing one of their members as | 22 | | acting mayor or acting president. Except as set forth in | 23 | | subsection (d), the acting mayor or acting president shall | 24 | | perform the duties and possess all the rights and powers of | 25 | | the mayor or president until a mayor or president is | 26 | | elected at the next general municipal election and has |
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| 1 | | qualified. However, in
villages with a population of less | 2 | | than 5,000, if each of the trustees either declines the
| 3 | | election as acting president or is not elected by a | 4 | | majority vote of the trustees presently
holding office, | 5 | | then the trustees may elect, as acting president, any other | 6 | | village resident who is qualified to hold municipal office, | 7 | | and the acting president shall exercise the powers of the | 8 | | president and shall vote and have veto power in the manner | 9 | | provided by law for a president. | 10 | | (2) Alderman or trustee. If the vacancy is in the | 11 | | office of alderman or
trustee, the vacancy must be filled | 12 | | by the mayor or president or acting mayor or acting | 13 | | president, as the case may be, in accordance with | 14 | | subsection (e). | 15 | | (3) Other elective office. If the vacancy is in any | 16 | | elective municipal office other than mayor or president or | 17 | | alderman or trustee, the mayor or president or acting mayor | 18 | | or acting president, as the case may be, must appoint a | 19 | | qualified person to hold the office until the office is | 20 | | filled by election, subject to the advice and consent of
| 21 | | the city council or the board of trustees, as the case may | 22 | | be. | 23 | | (g) Vacancies in municipal offices with 2-year terms. In | 24 | | the case of an elective municipal office with a 2-year term, if | 25 | | the vacancy occurs at least 130 days before the general | 26 | | municipal election next scheduled under the general election |
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| 1 | | law, the vacancy shall be filled for the remainder of the term | 2 | | at
that general municipal election. If the vacancy occurs less | 3 | | than 130 days before the general municipal election, then: | 4 | | (1) Mayor or president. If the
vacancy is in the office | 5 | | of mayor or president, the vacancy must be filled by the
| 6 | | corporate authorities electing one of their members as | 7 | | acting mayor or acting president. Except as set forth in | 8 | | subsection (d), the acting mayor or acting president shall | 9 | | perform the duties and possess all the rights and powers of | 10 | | the mayor or president until a mayor or president is | 11 | | elected at the next general municipal election and has | 12 | | qualified. However, in villages with a population of less | 13 | | than 5,000, if each of the trustees either declines the
| 14 | | election as acting president or is not elected by a | 15 | | majority vote of the trustees presently holding office, | 16 | | then the trustees may elect, as acting president, any other | 17 | | village resident who is qualified to hold municipal office, | 18 | | and the acting president shall exercise the powers of the | 19 | | president and shall vote and have veto power in the manner | 20 | | provided by law for a president. | 21 | | (2) Alderman or trustee. If the vacancy is in the | 22 | | office of alderman or trustee, the vacancy must be filled | 23 | | by the mayor or president or acting mayor or acting | 24 | | president, as the case may be, in accordance with | 25 | | subsection (e). | 26 | | (3) Other elective office. If the vacancy is in any |
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| 1 | | elective municipal office other than mayor or president or | 2 | | alderman or trustee, the mayor or president or acting mayor | 3 | | or acting president, as the case may be, must appoint a | 4 | | qualified person to
hold the office until the office is | 5 | | filled by election, subject to the advice and consent of | 6 | | the city council or the board of trustees, as the case may | 7 | | be. | 8 | | (h) In cases of vacancies arising by reason of an election | 9 | | being declared void pursuant to paragraph (3) of subsection | 10 | | (c), persons holding elective office prior thereto shall hold
| 11 | | office until their successors are elected and qualified or | 12 | | appointed and confirmed by advice and consent, as the case may | 13 | | be.
| 14 | | (i) This Section applies only to municipalities with | 15 | | populations under 500,000.
| 16 | | (Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
| 17 | | (65 ILCS 5/3.1-10-51) | 18 | | Sec. 3.1-10-51. Vacancies in municipalities with a | 19 | | population of 500,000 or more. | 20 | | (a) Events upon which an elective office in a municipality | 21 | | of 500,000 or more shall become vacant: | 22 | | (1) A municipal officer may resign from office. A | 23 | | vacancy occurs in an office by
reason of resignation, | 24 | | failure to elect or qualify (in which case the incumbent | 25 | | shall remain
in office until the vacancy is filled), death, |
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| 1 | | permanent physical or mental disability
rendering the | 2 | | person incapable of performing the duties of his or her | 3 | | office, conviction of a disqualifying crime, abandonment | 4 | | of office, removal from office, or removal of residence | 5 | | from the municipality or, in the case of an alderman of a | 6 | | ward, removal of residence from the ward. | 7 | | (2) An admission of guilt of a criminal offense that | 8 | | would, upon conviction, disqualify the municipal officer | 9 | | from holding that office, in the form of a written | 10 | | agreement with State or federal prosecutors to plead guilty | 11 | | to a felony, bribery, perjury, or other infamous crime | 12 | | under State or federal law, shall constitute a resignation | 13 | | from that office, effective at the time the plea agreement | 14 | | is made. For purposes of this Section, a conviction for an | 15 | | offense that disqualifies the municipal officer from | 16 | | holding that office occurs on the date of the return of a | 17 | | guilty verdict or, in the case of a trial
by the court, the | 18 | | entry of a finding of guilt. | 19 | | (3) Owing a debt to the municipality. A vacancy occurs | 20 | | if a municipal official fails to pay a debt to a | 21 | | municipality in which the official has been elected or | 22 | | appointed to an elected position. In order for this | 23 | | paragraph to apply, the municipal official shall have been | 24 | | delivered by certified mail or personal service a notice | 25 | | that (i) the municipal official is in arrears of a debt to | 26 | | a municipality, (ii) that the debt must be paid within 30 |
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| 1 | | days after receipt of the notice, (iii) that once the debt | 2 | | is paid, proof of payment must be presented to the | 3 | | municipal clerk that the debt was paid in full, and (iv) if | 4 | | proof of payment is not presented to the municipal clerk, | 5 | | the municipal official will be disqualified and his or her | 6 | | office vacated. For purposes of this paragraph, a municipal | 7 | | official is considered in arrears of a debt to a | 8 | | municipality if a debt is more than 30 days overdue from | 9 | | the date the debt was due. | 10 | | (b) If a vacancy occurs in an elective municipal office | 11 | | with a 4-year term and
there remains an unexpired portion of | 12 | | the term of at least 28 months, and the vacancy occurs at least | 13 | | 130 days before the general municipal election next scheduled | 14 | | under the general election law, then the vacancy shall be | 15 | | filled for the remainder of the term at that
general municipal | 16 | | election. Whenever an election is held for this purpose, the | 17 | | municipal
clerk shall certify the office to be filled and the | 18 | | candidates for the office to the proper
election authorities as | 19 | | provided in the general election law. If the vacancy is in the | 20 | | office
of mayor, the city council shall elect one of their | 21 | | members acting mayor. The acting mayor shall perform the duties | 22 | | and possess all the rights and powers of the mayor until a | 23 | | successor to fill the vacancy has been elected and has | 24 | | qualified. If the
vacancy is in any other elective municipal | 25 | | office, then until the office is filled by election,
the mayor | 26 | | shall appoint a qualified person to the office subject to the |
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| 1 | | advice
and consent of the city council. | 2 | | (c) If a vacancy occurs later than the time provided in | 3 | | subsection (b) in a 4-year term, a vacancy in the office of | 4 | | mayor shall be filled by the corporate authorities electing one | 5 | | of their members acting mayor. The acting mayor shall perform | 6 | | the duties and possess all the rights and powers of the mayor | 7 | | until a mayor is elected at the next general municipal election | 8 | | and has qualified. A vacancy occurring later than the time | 9 | | provided in subsection (b) in a 4-year term in any elective | 10 | | office other than mayor shall be filled by appointment by the | 11 | | mayor, with the advice and consent of the corporate | 12 | | authorities.
| 13 | | (d) A municipal officer appointed or elected under this | 14 | | Section shall hold office
until the officer's successor is | 15 | | elected and has qualified. | 16 | | (e) An appointment to fill a vacancy in the office of | 17 | | alderman shall be made within 60 days after the vacancy occurs. | 18 | | The requirement that an appointment be made
within 60 days is | 19 | | an exclusive power and function of the State and is a denial | 20 | | and
limitation under Article VII, Section 6, subsection (h) of | 21 | | the Illinois Constitution of the power of a home rule | 22 | | municipality to require that an appointment be made within a | 23 | | different period after the vacancy occurs. | 24 | | (f) This Section applies only to municipalities with a | 25 | | population of 500,000 or more.
| 26 | | (Source: P.A. 95-646, eff. 1-1-08.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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