|
Public Act 099-0449 |
HB3444 Enrolled | LRB099 11144 AWJ 31613 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Municipal Code is amended by |
changing Sections 3.1-10-5, 3.1-10-50, and 3.1-10-51 as |
follows:
|
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
|
Sec. 3.1-10-5. Qualifications; elective office.
|
(a) A person is not eligible for an elective municipal |
office unless that
person is a qualified elector of the |
municipality and has resided in the
municipality at least
one |
year next preceding the election or appointment, except as |
provided in Section 3.1-20-25, subsection (b) of Section |
3.1-25-75, Section 5-2-2, or Section 5-2-11.
|
(b) A person is not eligible to take the oath of office for |
a municipal office if that person is, at the time required for |
taking the oath of office, in arrears in the payment of a tax |
or other indebtedness due to the municipality or
has been |
convicted in any court located in the United States of any |
infamous
crime,
bribery, perjury, or other felony.
|
(b-5) (Blank). A person is not eligible to hold a municipal |
office, if that person is, at any time during the term of |
office, in arrears in the payment of a tax or other |
|
indebtedness due to the municipality or has been convicted in |
any court located in the United States of any infamous crime, |
bribery, perjury, or other felony. |
(c) A person is not eligible for the office of
alderman of |
a ward unless that person has resided
in the ward that the |
person seeks to represent, and a person is not eligible for the |
office of trustee of a district unless that person has resided |
in the
municipality, at least one year next
preceding the |
election or appointment, except
as provided in Section |
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, |
or Section 5-2-11.
|
(d) If a person (i) is a resident of a municipality |
immediately prior to the active duty military service of that |
person or that person's spouse, (ii) resides anywhere outside |
of the municipality during that active duty military service, |
and (iii) immediately upon completion of that active duty |
military service is again a resident of the municipality, then |
the time during which the person resides outside the |
municipality during the active duty military service is deemed |
to be time during which the person is a resident of the |
municipality for purposes of determining the residency |
requirement under subsection (a).
|
(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
|
(65 ILCS 5/3.1-10-50)
|
Sec. 3.1-10-50. Events upon which an elective office |
|
becomes vacant in municipality with population under 500,000.
|
(a) Vacancy by resignation. A resignation is not effective |
unless it is in
writing, signed by the person holding the |
elective office, and notarized.
|
(1) Unconditional resignation. An unconditional |
resignation by a person holding the elective office may |
specify a future date, not later than 60 days after the |
date the resignation is received by the officer authorized |
to fill the vacancy, at
which time it becomes operative, |
but the resignation may not be withdrawn after it is
|
received by the officer authorized to fill the vacancy. The |
effective date of a resignation that does not specify a |
future date at which it becomes operative is the date the
|
resignation is received by the officer authorized to fill |
the vacancy. The effective date of
a resignation that has a |
specified future effective date is that specified future |
date or the date the resignation is received by the officer |
authorized to fill the vacancy, whichever date occurs |
later. |
(2) Conditional resignation. A resignation that does |
not become
effective unless a specified event occurs can be |
withdrawn at any time prior to the occurrence of the |
specified event, but if not withdrawn, the effective date |
of the
resignation is the date of the occurrence of the |
specified event or the date the resignation is received by |
the officer authorized to fill the vacancy, whichever date |
|
occurs later. |
(3) Vacancy upon the effective date. For the purpose of |
determining the time period that would require an election |
to fill the vacancy by resignation or the commencement of |
the 60-day time period referred to in subsection (e), the |
resignation of an elected officer is deemed to have created |
a vacancy as of the effective date of the resignation. |
(4) Duty of the clerk. If a resignation is delivered to |
the clerk of the municipality, the clerk shall forward a |
certified copy of the written resignation to the official |
who is authorized to fill the vacancy within 7 business |
days after receipt of the resignation. |
(b) Vacancy by death or disability. A vacancy occurs in an |
office by reason
of the death of the incumbent. The date of the |
death may be established by the date shown on the death
|
certificate. A vacancy occurs in an office by permanent |
physical or
mental disability rendering the person incapable of |
performing the duties of the office.
The corporate authorities |
have the authority to make the determination whether an officer |
is incapable of performing the duties of the office because of |
a permanent physical or mental disability. A finding of mental |
disability shall not be made prior to the appointment by a |
court of a guardian ad litem for the officer or until a duly |
licensed
doctor certifies, in writing, that the officer is |
mentally impaired to the extent that the
officer is unable to |
effectively perform the duties of the office. If the corporate
|
|
authorities find that an officer is incapable of performing the |
duties of the office due to permanent
physical or mental |
disability, that person is removed from the office and the |
vacancy of the office occurs on the date of the determination. |
(c) Vacancy by other causes. |
(1) Abandonment and other causes. A vacancy occurs in |
an office by reason of abandonment of office; removal from |
office; or failure to qualify; or more than
temporary |
removal of residence from the municipality; or in the case |
of an alderman of a ward or councilman or trustee of a |
district, more than temporary removal of residence
from the |
ward or district, as the case may be. The corporate |
authorities have the authority to determine whether a |
vacancy under this subsection has occurred. If the |
corporate authorities determine that a vacancy exists, the |
office is deemed vacant as of the date of that |
determination for all purposes including the calculation |
under subsections (e), (f), and (g). |
(2) Guilty of a criminal offense. An admission of guilt |
of a criminal
offense that upon conviction would disqualify |
the municipal officer from holding the
office, in the form |
of a written agreement with State or federal prosecutors to |
plead guilty to a felony, bribery, perjury, or other |
infamous crime under State or federal law, constitutes a |
resignation from that office, effective on the date the |
plea agreement is made. For purposes of this Section, a |
|
conviction for an offense that disqualifies a municipal |
officer from holding that office occurs on the date of the |
return of a guilty verdict or, in the case of a trial by |
the court, on the entry of a finding of guilt. |
(3) Election declared void. A vacancy occurs on the |
date of the decision of a competent tribunal declaring the |
election of the officer void. |
(4) Owing a debt to the municipality. A vacancy occurs |
if a municipal official fails to pay a debt to a |
municipality in which the official has been elected or |
appointed to an elected position subject to the following: |
(A) Before a vacancy may occur under this paragraph |
(4), the municipal clerk shall deliver, by personal |
service, a written notice to the municipal official |
that (i) the municipal official is in arrears of a debt |
to the municipality, (ii) that municipal official must |
either pay or contest the debt within 30 days after |
receipt of the notice or the municipal official will be |
disqualified and his or her office vacated, and (iii) |
if the municipal official chooses to contest the debt, |
the municipal official must provide written notice to |
the municipal clerk of the contesting of the debt. A |
copy of the notice, and the notice to contest, shall |
also be mailed by the municipal clerk to the appointed |
municipal attorney by certified mail. If the municipal |
clerk is the municipal official indebted to the |
|
municipality, the mayor or president of the |
municipality shall assume the duties of the municipal |
clerk required under this paragraph (4). |
(B) In the event that the municipal official |
chooses to contest the debt, a hearing shall be held |
within 30 days of the municipal clerk's receipt of the |
written notice of contest from the municipal official. |
An appointed municipal hearing officer shall preside |
over the hearing, and shall hear testimony and accept |
evidence relevant to the existence of the debt owed by |
the municipal officer to the municipality. |
(C) Upon the conclusion of the hearing, the hearing |
officer shall make a determination on the basis of the |
evidence presented as to whether or not the municipal |
official is in arrears of a debt to the municipality. |
The determination shall be in writing and shall be |
designated as findings, decision, and order. The |
findings, decision, and order shall include: (i) the |
hearing officer's findings of fact; (ii) a decision of |
whether or not the municipal official is in arrears of |
a debt to the municipality based upon the findings of |
fact; and (iii) an order that either directs the |
municipal official to pay the debt within 30 days or be |
disqualified and his or her office vacated or dismisses |
the matter if a debt owed to the municipality is not |
proved. A copy of the hearing officer's written |
|
determination shall be served upon the municipal |
official in open proceedings before the hearing |
officer. If the municipal official does not appear for |
receipt of the written determination, the written |
determination shall be deemed to have been served on |
the municipal official on the date when a copy of the |
written determination is personally served on the |
municipal official or on the date when a copy of the |
written determination is deposited in the United |
States mail, postage prepaid, addressed to the |
municipal official at the address on record with the |
municipality. |
(D) A municipal official aggrieved by the |
determination of a hearing officer may secure judicial |
review of such determination in the circuit court of |
the county in which the hearing was held. The municipal |
official seeking judicial review must file a petition |
with the clerk of the court and must serve a copy of |
the petition upon the municipality by registered or |
certified mail within 5 days after service of the |
determination of the hearing officer. The petition |
shall contain a brief statement of the reasons why the |
determination of the hearing officer should be |
reversed. The municipal official shall file proof of |
service with the clerk of the court. No answer to the |
petition need be filed, but the municipality shall |
|
cause the record of proceedings before the hearing |
officer to be filed with the clerk of the court on or |
before the date of the hearing on the petition or as |
ordered by the court.
The court shall set the matter |
for hearing to be held within 30 days after the filing |
of the petition and shall make its decision promptly |
after such hearing. |
(E) If a municipal official chooses to pay the |
debt, or is ordered to pay the debt after the hearing, |
the municipal official must present proof of payment to |
the municipal clerk that the debt was paid in full, |
and, if applicable, within the required time period as |
ordered by a hearing officer or circuit court judge. |
(F) A municipal official will be disqualified and |
his or her office vacated pursuant to this paragraph |
(4) on the later of the following times if the |
municipal official: (i) fails to pay or contest the |
debt within 30 days of the municipal official's receipt |
of the notice of the debt; (ii) fails to pay the debt |
within 30 days after being served with a written |
determination under subparagraph (C) ordering the |
municipal official to pay the debt; or (iii) fails to |
pay the debt within 30 days after being served with a |
decision pursuant to subparagraph (D) upholding a |
hearing officer's determination that the municipal |
officer has failed to pay a debt owed to a |
|
municipality. |
(G) For purposes of this paragraph, a "debt" shall |
mean an arrearage in a definitely ascertainable and |
quantifiable amount after service of written notice |
thereof, in the payment of any indebtedness due to the |
municipality, which has been adjudicated before a |
tribunal with jurisdiction over the matter. A |
municipal official is considered in arrears of a debt |
to a municipality if a debt is more than 30 days |
overdue from the date the debt was due. |
(d) Election of an acting mayor or acting president. The |
election of an acting mayor or acting president pursuant to |
subsection (f) or (g) does not create a vacancy in the original |
office of the person on the city council or as a trustee, as |
the case may be, unless the person resigns from the original |
office following election as acting mayor
or acting president. |
If the person resigns from the original office following
|
election as acting mayor or acting president, then the original |
office must be filled pursuant to the terms of this Section and |
the acting mayor or acting president shall
exercise the powers |
of the mayor or president and shall vote and have veto power in |
the manner provided by law for a mayor or president. If the |
person does not resign from
the original office following |
election as acting mayor or acting president, then the
acting |
mayor or acting president shall exercise the powers of the |
mayor or president but shall be entitled to vote only in the |
|
manner provided for as the holder of the original office and |
shall not have the power to veto. If the person does not resign |
from the
original office following election as acting mayor or |
acting president, and if that person's original term of office |
has not expired when a mayor or president is elected and has
|
qualified for office, the acting mayor or acting-president |
shall return to the original office for the remainder of the |
term thereof. |
(e) Appointment to fill alderman or trustee vacancy. An |
appointment by the
mayor or president or acting mayor or acting |
president, as the case may be, of a qualified person as |
described in Section 3.1-10-5 of this Code to fill a vacancy in |
the office of alderman or trustee must be made within 60 days |
after the vacancy occurs. Once the appointment of the qualified |
person has been forwarded to the corporate
authorities, the |
corporate authorities shall act upon the appointment within 30 |
days. If the appointment fails to receive the advice and |
consent of the corporate authorities within 30 days, the mayor |
or president or acting mayor or acting president shall appoint |
and forward to the corporate authorities a second qualified |
person as described in Section 3.1-10-5. Once the appointment |
of the second qualified person has been
forwarded to the |
corporate authorities, the corporate authorities shall act |
upon the
appointment within 30 days. If the appointment of the |
second qualified person also fails to receive the advice and |
consent of the corporate authorities, then the mayor or |
|
president or acting mayor or acting president, without the |
advice and consent of the corporate authorities, may make a |
temporary appointment from those persons who were appointed but |
whose appointments failed to receive the advice and consent of |
the corporate authorities. The person receiving the temporary |
appointment shall serve until an appointment has received the |
advice and consent and the appointee has qualified or until a |
person has been elected and has qualified, whichever first |
occurs. |
(f) Election to fill vacancies in municipal offices with |
4-year terms. If a vacancy occurs in an elective municipal |
office with a 4-year term and there remains an unexpired |
portion of the term of at least 28 months, and the vacancy |
occurs at least 130 days before
the general municipal election |
next scheduled under the general election law, then the vacancy |
shall be filled for the remainder of the term at that general |
municipal election. Whenever
an election is held for this |
purpose, the municipal clerk shall certify the office to be |
filled and the candidates for the office to the proper election |
authorities as provided in the general election law. If a |
vacancy occurs with less than 28 months remaining in the
|
unexpired portion of the term or less than 130 days before the |
general municipal election, then: |
(1) Mayor or president. If the
vacancy is in the office |
of mayor or president, the vacancy must be filled by the
|
corporate authorities electing one of their members as |
|
acting mayor or acting president. Except as set forth in |
subsection (d), the acting mayor or acting president shall |
perform the duties and possess all the rights and powers of |
the mayor or president until a mayor or president is |
elected at the next general municipal election and has |
qualified. However, in
villages with a population of less |
than 5,000, if each of the trustees either declines the
|
election as acting president or is not elected by a |
majority vote of the trustees presently
holding office, |
then the trustees may elect, as acting president, any other |
village resident who is qualified to hold municipal office, |
and the acting president shall exercise the powers of the |
president and shall vote and have veto power in the manner |
provided by law for a president. |
(2) Alderman or trustee. If the vacancy is in the |
office of alderman or
trustee, the vacancy must be filled |
by the mayor or president or acting mayor or acting |
president, as the case may be, in accordance with |
subsection (e). |
(3) Other elective office. If the vacancy is in any |
elective municipal office other than mayor or president or |
alderman or trustee, the mayor or president or acting mayor |
or acting president, as the case may be, must appoint a |
qualified person to hold the office until the office is |
filled by election, subject to the advice and consent of
|
the city council or the board of trustees, as the case may |
|
be. |
(g) Vacancies in municipal offices with 2-year terms. In |
the case of an elective municipal office with a 2-year term, if |
the vacancy occurs at least 130 days before the general |
municipal election next scheduled under the general election |
law, the vacancy shall be filled for the remainder of the term |
at
that general municipal election. If the vacancy occurs less |
than 130 days before the general municipal election, then: |
(1) Mayor or president. If the
vacancy is in the office |
of mayor or president, the vacancy must be filled by the
|
corporate authorities electing one of their members as |
acting mayor or acting president. Except as set forth in |
subsection (d), the acting mayor or acting president shall |
perform the duties and possess all the rights and powers of |
the mayor or president until a mayor or president is |
elected at the next general municipal election and has |
qualified. However, in villages with a population of less |
than 5,000, if each of the trustees either declines the
|
election as acting president or is not elected by a |
majority vote of the trustees presently holding office, |
then the trustees may elect, as acting president, any other |
village resident who is qualified to hold municipal office, |
and the acting president shall exercise the powers of the |
president and shall vote and have veto power in the manner |
provided by law for a president. |
(2) Alderman or trustee. If the vacancy is in the |
|
office of alderman or trustee, the vacancy must be filled |
by the mayor or president or acting mayor or acting |
president, as the case may be, in accordance with |
subsection (e). |
(3) Other elective office. If the vacancy is in any |
elective municipal office other than mayor or president or |
alderman or trustee, the mayor or president or acting mayor |
or acting president, as the case may be, must appoint a |
qualified person to
hold the office until the office is |
filled by election, subject to the advice and consent of |
the city council or the board of trustees, as the case may |
be. |
(h) In cases of vacancies arising by reason of an election |
being declared void pursuant to paragraph (3) of subsection |
(c), persons holding elective office prior thereto shall hold
|
office until their successors are elected and qualified or |
appointed and confirmed by advice and consent, as the case may |
be.
|
(i) This Section applies only to municipalities with |
populations under 500,000.
|
(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
|
(65 ILCS 5/3.1-10-51) |
Sec. 3.1-10-51. Vacancies in municipalities with a |
population of 500,000 or more. |
(a) Events upon which an elective office in a municipality |
|
of 500,000 or more shall become vacant: |
(1) A municipal officer may resign from office. A |
vacancy occurs in an office by
reason of resignation, |
failure to elect or qualify (in which case the incumbent |
shall remain
in office until the vacancy is filled), death, |
permanent physical or mental disability
rendering the |
person incapable of performing the duties of his or her |
office, conviction of a disqualifying crime, abandonment |
of office, removal from office, or removal of residence |
from the municipality or, in the case of an alderman of a |
ward, removal of residence from the ward. |
(2) An admission of guilt of a criminal offense that |
would, upon conviction, disqualify the municipal officer |
from holding that office, in the form of a written |
agreement with State or federal prosecutors to plead guilty |
to a felony, bribery, perjury, or other infamous crime |
under State or federal law, shall constitute a resignation |
from that office, effective at the time the plea agreement |
is made. For purposes of this Section, a conviction for an |
offense that disqualifies the municipal officer from |
holding that office occurs on the date of the return of a |
guilty verdict or, in the case of a trial
by the court, the |
entry of a finding of guilt. |
(3) Owing a debt to the municipality. A vacancy occurs |
if a municipal official fails to pay a debt to a |
municipality in which the official has been elected or |
|
appointed to an elected position subject to the following: |
(A) Before a vacancy may occur under this paragraph |
(3), the municipal clerk shall deliver, by personal |
service, a written notice to the municipal official |
that (i) the municipal official is in arrears of a debt |
to the municipality, (ii) that municipal official must |
either pay or contest the debt within 30 days after |
receipt of the notice or the municipal official will be |
disqualified and his or her office vacated, and (iii) |
if the municipal official chooses to contest the debt, |
the municipal official must provide written notice to |
the municipal clerk of the contesting of the debt. A |
copy of the notice, and the notice to contest, shall |
also be mailed by the municipal clerk to the appointed |
municipal attorney by certified mail. If the municipal |
clerk is the municipal official indebted to the |
municipality, the mayor or president of the |
municipality shall assume the duties of the municipal |
clerk required under this paragraph (3). |
(B) In the event that the municipal official |
chooses to contest the debt, a hearing shall be held |
within 30 days of the municipal clerk's receipt of the |
written notice of contest from the municipal official. |
An appointed municipal hearing officer shall preside |
over the hearing, and shall hear testimony and accept |
evidence relevant to the existence of the debt owed by |
|
the municipal officer to the municipality. |
(C) Upon the conclusion of the hearing, the hearing |
officer shall make a determination on the basis of the |
evidence presented as to whether or not the municipal |
official is in arrears of a debt to the municipality. |
The determination shall be in writing and shall be |
designated as findings, decision, and order. The |
findings, decision, and order shall include: (i) the |
hearing officer's findings of fact; (ii) a decision of |
whether or not the municipal official is in arrears of |
a debt to the municipality based upon the findings of |
fact; and (iii) an order that either directs the |
municipal official to pay the debt within 30 days or be |
disqualified and his or her office vacated or dismisses |
the matter if a debt owed to the municipality is not |
proved. A copy of the hearing officer's written |
determination shall be served upon the municipal |
official in open proceedings before the hearing |
officer. If the municipal official does not appear for |
receipt of the written determination, the written |
determination shall be deemed to have been served on |
the municipal official on the date when a copy of the |
written determination is personally served on the |
municipal official or on the date when a copy of the |
written determination is deposited in the United |
States mail, postage prepaid, addressed to the |
|
municipal official at the address on record in the |
files of the municipality. |
(D) A municipal official aggrieved by the |
determination of a hearing officer may secure judicial |
review of such determination in the circuit court of |
the county in which the hearing was held. The municipal |
official seeking judicial review must file a petition |
with the clerk of the court and must serve a copy of |
the petition upon the municipality by registered or |
certified mail within 5 days after service of the |
determination of the hearing officer. The petition |
shall contain a brief statement of the reasons why the |
determination of the hearing officer should be |
reversed. The municipal official shall file proof of |
service with the clerk of the court. No answer to the |
petition need be filed, but the municipality shall |
cause the record of proceedings before the hearing |
officer to be filed with the clerk of the court on or |
before the date of the hearing on the petition or as |
ordered by the court.
The court shall set the matter |
for hearing to be held within 30 days after the filing |
of the petition and shall make its decision promptly |
after such hearing. |
(E) If a municipal official chooses to pay the |
debt, or is ordered to pay the debt after the hearing, |
the municipal official must present proof of payment to |
|
the municipal clerk that the debt was paid in full, |
and, if applicable, within the required time period as |
ordered by a hearing officer. |
(F) A municipal official will be disqualified and |
his or her office vacated pursuant to this paragraph |
(3) on the later of the following times the municipal |
official: (i) fails to pay or contest the debt within |
30 days of the municipal official's receipt of the |
notice of the debt; (ii) fails to pay the debt within |
30 days after being served with a written determination |
under subparagraph (C) ordering the municipal official |
to pay the debt; or (iii) fails to pay the debt within |
30 days after being served with a decision pursuant to |
subparagraph (D) upholding a hearing officer's |
determination that the municipal officer has failed to |
pay a debt owed to a municipality. |
(G) For purposes of this paragraph, a "debt" shall |
mean an arrearage in a definitely ascertainable and |
quantifiable amount after service of written notice |
thereof, in the payment of any indebtedness due to the |
municipality, which has been adjudicated before a |
tribunal with jurisdiction over the matter. A |
municipal official is considered in arrears of a debt |
to a municipality if a debt is more than 30 days |
overdue from the date the debt was due. |
(b) If a vacancy occurs in an elective municipal office |
|
with a 4-year term and
there remains an unexpired portion of |
the term of at least 28 months, and the vacancy occurs at least |
130 days before the general municipal election next scheduled |
under the general election law, then the vacancy shall be |
filled for the remainder of the term at that
general municipal |
election. Whenever an election is held for this purpose, the |
municipal
clerk shall certify the office to be filled and the |
candidates for the office to the proper
election authorities as |
provided in the general election law. If the vacancy is in the |
office
of mayor, the city council shall elect one of their |
members acting mayor. The acting mayor shall perform the duties |
and possess all the rights and powers of the mayor until a |
successor to fill the vacancy has been elected and has |
qualified. If the
vacancy is in any other elective municipal |
office, then until the office is filled by election,
the mayor |
shall appoint a qualified person to the office subject to the |
advice
and consent of the city council. |
(c) If a vacancy occurs later than the time provided in |
subsection (b) in a 4-year term, a vacancy in the office of |
mayor shall be filled by the corporate authorities electing one |
of their members acting mayor. The acting mayor shall perform |
the duties and possess all the rights and powers of the mayor |
until a mayor is elected at the next general municipal election |
and has qualified. A vacancy occurring later than the time |
provided in subsection (b) in a 4-year term in any elective |
office other than mayor shall be filled by appointment by the |
|
mayor, with the advice and consent of the corporate |
authorities.
|
(d) A municipal officer appointed or elected under this |
Section shall hold office
until the officer's successor is |
elected and has qualified. |
(e) An appointment to fill a vacancy in the office of |
alderman shall be made within 60 days after the vacancy occurs. |
The requirement that an appointment be made
within 60 days is |
an exclusive power and function of the State and is a denial |
and
limitation under Article VII, Section 6, subsection (h) of |
the Illinois Constitution of the power of a home rule |
municipality to require that an appointment be made within a |
different period after the vacancy occurs. |
(f) This Section applies only to municipalities with a |
population of 500,000 or more.
|
(Source: P.A. 95-646, eff. 1-1-08.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|