HB5733 102ND GENERAL ASSEMBLY

LRB102 26999 AWJ 38241 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5733

Introduced , by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-10-5	from Ch. 24, par. 3.1-10-5
65 ILCS 20/21-5	from Ch. 24, par. 21-5

Amends the Illinois Municipal Code. Provides that, in a municipality with a population over 2,000,000, a person is not eligible to take the oath of office for the office of mayor unless the person has completed discrimination and sensitivity training before the election day at which the person would be elected, but the training must be completed no earlier than one year before the election day. Provides that the training shall be taken though the municipality's legal department, or, if the municipality's legal department does not offer discrimination and sensitivity training, as the municipality shall otherwise provide for mayoral candidates. Amends the Revised Cities and Villages Act of 1941 including similar provisions relating to a requirement that an acting mayor shall complete discrimination and sensitivity training each year of his or her term. Additionally provides that, no later than 2 weeks after completion of the discrimination and sensitivity training, the mayor must certify in writing that the mayor has completed the training and file the certification with the Board of Ethics. Provides that the Board of Ethics may levy an administrative fine of up to $5,000 against the mayor for failure to complete the discrimination and sensitivity training. Effective immediately.

A BILL FOR

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 Section 3.1-10-5 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, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights.

The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.

(b-5) (Blank).

(c) A person is not eligible for the office of alderperson 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).

(e) In a municipality with a population over 2,000,000, a person is not eligible to take the oath of office for the office of mayor unless the person has completed discrimination and sensitivity training before the election day at which the person would be elected, but the training must be completed no earlier than one year before the election day. The training shall be taken though the municipality's legal department, or, if the municipality's legal department does not offer discrimination and sensitivity training, as the municipality shall otherwise provide for mayoral candidates.

(Source: P.A. 102-15, eff. 6-17-21.)

Section 10. The Revised Cities and Villages Act of 1941 is amended by changing Section 21-5 as follows:

(65 ILCS 20/21-5) (from Ch. 24, par. 21-5)

Sec. 21-5. Mayor; Term of office.

(a) The mayor of the city of Chicago shall be elected in 1943 and quadrennially thereafter in a nonpartisan election. The candidate receiving a majority of the votes cast for mayor at the consolidated primary election shall be declared mayor. If no candidate receives a majority of the votes, a runoff election shall be held at the consolidated election, when only the names of the candidates receiving the highest and second highest number of votes at the consolidated primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes at the consolidated primary election, the names of all candidates receiving the highest and second highest number of votes shall appear on the ballot at the consolidated election. The candidate receiving the highest number of votes at the consolidated election shall be declared elected.

(b) The mayor shall hold his or her office for 4 years beginning at noon on the third Monday in May following his or her election, and until his or her successor is elected and qualified.

(c) The mayor shall complete discrimination and sensitivity training each year of his or her term. The training shall be taken though the city's legal department, or, if the city's legal department does not offer discrimination and sensitivity training, as the municipality shall otherwise provide for the mayor.

No later than 2 weeks after completion of the discrimination and sensitivity training, the mayor must certify in writing that the mayor has completed the training and file the certification with the Board of Ethics.

The Board of Ethics may levy an administrative fine of up to $5,000 against the mayor for failure to complete the discrimination and sensitivity training required under this subsection.

(Source: P.A. 93-847, eff. 7-30-04.)

Section 99. Effective date. This Act takes effect upon becoming law.