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| [ Senate Amendment 001 ] |
90_SB1118enr
65 ILCS 5/1-1-2.1 from Ch. 24, par. 1-1-2.1
Amends the Illinois Municipal Code concerning the use of
the title of village president or mayor. Makes a technical
change.
SDS/bill0045/cep
SB1118 Enrolled SDS/bill0045/cep
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 3.1-10-50.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 3.1-10-50 as follows:
7 (65 ILCS 5/3.1-10-50)
8 Sec. 3.1-10-50. Vacancies.
9 (a) A municipal officer may resign from office. A
10 vacancy occurs in an office by reason of resignation, failure
11 to elect or qualify (in which case the incumbent shall remain
12 in office until the vacancy is filled), death, permanent
13 physical or mental disability rendering the person incapable
14 of performing the duties of his or her office, conviction of
15 a disqualifying crime, abandonment of office, removal from
16 office, or removal of residence from the municipality or, in
17 the case of aldermen of a ward or trustees of a district,
18 removal of residence from the ward or district, as the case
19 may be.
20 (b) If a vacancy occurs in an elective municipal office
21 with a 4-year term and there remains an unexpired portion of
22 the term of at least 28 months, and the vacancy occurs at
23 least 130 days before the general municipal election next
24 scheduled under the general election law, the vacancy shall
25 be filled for the remainder of the term at that general
26 municipal election. Whenever an election is held for this
27 purpose, the municipal clerk shall certify the office to be
28 filled and the candidates for the office to the proper
29 election authorities as provided in the general election law.
30 If the vacancy is in the office of mayor, the city council
31 shall elect one of their members acting mayor; if the vacancy
SB1118 Enrolled -2- SDS/bill0045/cep
1 is in the office of president, the vacancy shall be filled by
2 the appointment of an acting president by the trustees of an
3 acting president from the members of the board of trustees.
4 In villages with a population of less than 5,000, if each of
5 the members of the board of trustees either declines the
6 appointment as acting president or is not approved for the
7 appointment by a majority vote of the trustees presently
8 holding office, then the board of trustees may appoint as
9 acting president any other village resident who is qualified
10 to hold municipal office. The acting mayor or acting
11 president shall perform the duties and possess all the rights
12 and powers of the mayor or president until a successor to
13 fill the vacancy has been elected and has qualified. If the
14 vacancy is in any other elective municipal office, then until
15 the office is filled by election, the mayor or president
16 shall appoint a qualified person to the office subject to the
17 advice and consent of the city council or trustees.
18 (c) In a 2 year term, or if the vacancy occurs later
19 than the time provided in subsection (b) in a 4 year term, a
20 vacancy in the office of mayor shall be filled by the
21 corporate authorities electing one of their members acting
22 mayor; if the vacancy is in the office of president, the
23 vacancy shall be filled by the appointment of an acting
24 president by the trustees of an acting president from the
25 members of the board of trustees. In villages with a
26 population of less than 5,000, if each of the members of the
27 board of trustees either declines the appointment as acting
28 president or is not approved for the appointment by a
29 majority vote of the trustees presently holding office, then
30 the board of trustees may appoint as acting president any
31 other village resident who is qualified to hold municipal
32 office. The acting mayor or acting president shall perform
33 the duties and possess all the rights and powers of the mayor
34 or president until a mayor or president is elected at the
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1 next general municipal election and has qualified. A vacancy
2 in any elective office other than mayor or president shall be
3 filled by appointment by the mayor or president, with the
4 advice and consent of the corporate authorities.
5 (d) Municipal officers appointed or elected under this
6 Section shall hold office until their successors are elected
7 and have qualified.
8 (e) An appointment to fill a vacancy in the office of
9 alderman shall be made within 60 days after the vacancy
10 occurs. The requirement that an appointment be made within
11 60 days is an exclusive power and function of the State and
12 is a denial and limitation under Article VII, Section 6,
13 subsection (h) of the Illinois Constitution of the power of a
14 home rule municipality to require that an appointment be made
15 within a different period after the vacancy occurs.
16 (Source: P.A. 87-1052; 87-1119; 88-45.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.