102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3784

 

Introduced 1/21/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-50
65 ILCS 5/3.1-25-5  from Ch. 24, par. 3.1-25-5

    Amends the Illinois Municipal Code. In provisions relating to vacancies by abandonment in municipalities with a population under 500,000, provides that abandonment of office includes, but is not limited to, when an elected official does not file for reelection and no other person files for election to that official's office. In provisions related to trustee terms, provides that, if a candidate has not yet been elected or qualified to fill a vacancy, then the vacancy process as provided in Section 3.1-10-50 of the Code shall ensue. Effective immediately.


LRB102 24013 AWJ 33223 b

 

 

A BILL FOR

 

SB3784LRB102 24013 AWJ 33223 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 3.1-10-50 and 3.1-25-5 as follows:
 
6    (65 ILCS 5/3.1-10-50)
7    Sec. 3.1-10-50. Events upon which an elective office
8becomes vacant in municipality with population under 500,000.
9    (a) Vacancy by resignation. A resignation is not effective
10unless it is in writing, signed by the person holding the
11elective office, and notarized.
12        (1) Unconditional resignation. An unconditional
13    resignation by a person holding the elective office may
14    specify a future date, not later than 60 days after the
15    date the resignation is received by the officer authorized
16    to fill the vacancy, at which time it becomes operative,
17    but the resignation may not be withdrawn after it is
18    received by the officer authorized to fill the vacancy.
19    The effective date of a resignation that does not specify
20    a future date at which it becomes operative is the date the
21    resignation is received by the officer authorized to fill
22    the vacancy. The effective date of a resignation that has
23    a specified future effective date is that specified future

 

 

SB3784- 2 -LRB102 24013 AWJ 33223 b

1    date or the date the resignation is received by the
2    officer authorized to fill the vacancy, whichever date
3    occurs later.
4        (2) Conditional resignation. A resignation that does
5    not become effective unless a specified event occurs can
6    be withdrawn at any time prior to the occurrence of the
7    specified event, but if not withdrawn, the effective date
8    of the resignation is the date of the occurrence of the
9    specified event or the date the resignation is received by
10    the officer authorized to fill the vacancy, whichever date
11    occurs later.
12        (3) Vacancy upon the effective date. For the purpose
13    of determining the time period that would require an
14    election to fill the vacancy by resignation or the
15    commencement of the 60-day time period referred to in
16    subsection (e), the resignation of an elected officer is
17    deemed to have created a vacancy as of the effective date
18    of the resignation.
19        (4) Duty of the clerk. If a resignation is delivered
20    to the clerk of the municipality, the clerk shall forward
21    a certified copy of the written resignation to the
22    official who is authorized to fill the vacancy within 7
23    business days after receipt of the resignation.
24    (b) Vacancy by death or disability. A vacancy occurs in an
25office by reason of the death of the incumbent. The date of the
26death may be established by the date shown on the death

 

 

SB3784- 3 -LRB102 24013 AWJ 33223 b

1certificate. A vacancy occurs in an office by permanent
2physical or mental disability rendering the person incapable
3of performing the duties of the office. The corporate
4authorities have the authority to make the determination
5whether an officer is incapable of performing the duties of
6the office because of a permanent physical or mental
7disability. A finding of mental disability shall not be made
8prior to the appointment by a court of a guardian ad litem for
9the officer or until a duly licensed doctor certifies, in
10writing, that the officer is mentally impaired to the extent
11that the officer is unable to effectively perform the duties
12of the office. If the corporate authorities find that an
13officer is incapable of performing the duties of the office
14due to permanent physical or mental disability, that person is
15removed from the office and the vacancy of the office occurs on
16the date of the determination.
17    (c) Vacancy by other causes.
18        (1) Abandonment and other causes. A vacancy occurs in
19    an office by reason of abandonment of office; removal from
20    office; or failure to qualify; or more than temporary
21    removal of residence from the municipality; or in the case
22    of an alderperson of a ward or councilman or trustee of a
23    district, more than temporary removal of residence from
24    the ward or district, as the case may be. Abandonment of
25    office includes, but is not limited to, when an elected
26    official does not file for reelection and no other person

 

 

SB3784- 4 -LRB102 24013 AWJ 33223 b

1    files for election to that official's office. The
2    corporate authorities have the authority to determine
3    whether a vacancy under this subsection has occurred. If
4    the corporate authorities determine that a vacancy exists,
5    the office is deemed vacant as of the date of that
6    determination for all purposes including the calculation
7    under subsections (e), (f), and (g).
8        (2) Guilty of a criminal offense. An admission of
9    guilt of a criminal offense that upon conviction would
10    disqualify the municipal officer from holding the office,
11    in the form of a written agreement with State or federal
12    prosecutors to plead guilty to a felony, bribery, perjury,
13    or other infamous crime under State or federal law,
14    constitutes a resignation from that office, effective on
15    the date the plea agreement is made. For purposes of this
16    Section, a conviction for an offense that disqualifies a
17    municipal officer from holding that office occurs on the
18    date of the return of a guilty verdict or, in the case of a
19    trial by the court, on the entry of a finding of guilt.
20        (3) Election declared void. A vacancy occurs on the
21    date of the decision of a competent tribunal declaring the
22    election of the officer void.
23        (4) Owing a debt to the municipality. A vacancy occurs
24    if a municipal official fails to pay a debt to a
25    municipality in which the official has been elected or
26    appointed to an elected position subject to the following:

 

 

SB3784- 5 -LRB102 24013 AWJ 33223 b

1            (A) Before a vacancy may occur under this
2        paragraph (4), the municipal clerk shall deliver, by
3        personal service, a written notice to the municipal
4        official that (i) the municipal official is in arrears
5        of a debt to the municipality, (ii) that municipal
6        official must either pay or contest the debt within 30
7        days after receipt of the notice or the municipal
8        official will be disqualified and his or her office
9        vacated, and (iii) if the municipal official chooses
10        to contest the debt, the municipal official must
11        provide written notice to the municipal clerk of the
12        contesting of the debt. A copy of the notice, and the
13        notice to contest, shall also be mailed by the
14        municipal clerk to the appointed municipal attorney by
15        certified mail. If the municipal clerk is the
16        municipal official indebted to the municipality, the
17        mayor or president of the municipality shall assume
18        the duties of the municipal clerk required under this
19        paragraph (4).
20            (B) In the event that the municipal official
21        chooses to contest the debt, a hearing shall be held
22        within 30 days of the municipal clerk's receipt of the
23        written notice of contest from the municipal official.
24        An appointed municipal hearing officer shall preside
25        over the hearing, and shall hear testimony and accept
26        evidence relevant to the existence of the debt owed by

 

 

SB3784- 6 -LRB102 24013 AWJ 33223 b

1        the municipal officer to the municipality.
2            (C) Upon the conclusion of the hearing, the
3        hearing officer shall make a determination on the
4        basis of the evidence presented as to whether or not
5        the municipal official is in arrears of a debt to the
6        municipality. The determination shall be in writing
7        and shall be designated as findings, decision, and
8        order. The findings, decision, and order shall
9        include: (i) the hearing officer's findings of fact;
10        (ii) a decision of whether or not the municipal
11        official is in arrears of a debt to the municipality
12        based upon the findings of fact; and (iii) an order
13        that either directs the municipal official to pay the
14        debt within 30 days or be disqualified and his or her
15        office vacated or dismisses the matter if a debt owed
16        to the municipality is not proved. A copy of the
17        hearing officer's written determination shall be
18        served upon the municipal official in open proceedings
19        before the hearing officer. If the municipal official
20        does not appear for receipt of the written
21        determination, the written determination shall be
22        deemed to have been served on the municipal official
23        on the date when a copy of the written determination is
24        personally served on the municipal official or on the
25        date when a copy of the written determination is
26        deposited in the United States mail, postage prepaid,

 

 

SB3784- 7 -LRB102 24013 AWJ 33223 b

1        addressed to the municipal official at the address on
2        record with the municipality.
3            (D) A municipal official aggrieved by the
4        determination of a hearing officer may secure judicial
5        review of such determination in the circuit court of
6        the county in which the hearing was held. The
7        municipal official seeking judicial review must file a
8        petition with the clerk of the court and must serve a
9        copy of the petition upon the municipality by
10        registered or certified mail within 5 days after
11        service of the determination of the hearing officer.
12        The petition shall contain a brief statement of the
13        reasons why the determination of the hearing officer
14        should be reversed. The municipal official shall file
15        proof of service with the clerk of the court. No answer
16        to the petition need be filed, but the municipality
17        shall cause the record of proceedings before the
18        hearing officer to be filed with the clerk of the court
19        on or before the date of the hearing on the petition or
20        as ordered by the court. The court shall set the matter
21        for hearing to be held within 30 days after the filing
22        of the petition and shall make its decision promptly
23        after such hearing.
24            (E) If a municipal official chooses to pay the
25        debt, or is ordered to pay the debt after the hearing,
26        the municipal official must present proof of payment

 

 

SB3784- 8 -LRB102 24013 AWJ 33223 b

1        to the municipal clerk that the debt was paid in full,
2        and, if applicable, within the required time period as
3        ordered by a hearing officer or circuit court judge.
4            (F) A municipal official will be disqualified and
5        his or her office vacated pursuant to this paragraph
6        (4) on the later of the following times if the
7        municipal official: (i) fails to pay or contest the
8        debt within 30 days of the municipal official's
9        receipt of the notice of the debt; (ii) fails to pay
10        the debt within 30 days after being served with a
11        written determination under subparagraph (C) ordering
12        the municipal official to pay the debt; or (iii) fails
13        to pay the debt within 30 days after being served with
14        a decision pursuant to subparagraph (D) upholding a
15        hearing officer's determination that the municipal
16        officer has failed to pay a debt owed to a
17        municipality.
18            (G) For purposes of this paragraph, a "debt" shall
19        mean an arrearage in a definitely ascertainable and
20        quantifiable amount after service of written notice
21        thereof, in the payment of any indebtedness due to the
22        municipality, which has been adjudicated before a
23        tribunal with jurisdiction over the matter. A
24        municipal official is considered in arrears of a debt
25        to a municipality if a debt is more than 30 days
26        overdue from the date the debt was due.

 

 

SB3784- 9 -LRB102 24013 AWJ 33223 b

1    (d) Election of an acting mayor or acting president. The
2election of an acting mayor or acting president pursuant to
3subsection (f) or (g) does not create a vacancy in the original
4office of the person on the city council or as a trustee, as
5the case may be, unless the person resigns from the original
6office following election as acting mayor or acting president.
7If the person resigns from the original office following
8election as acting mayor or acting president, then the
9original office must be filled pursuant to the terms of this
10Section and the acting mayor or acting president shall
11exercise the powers of the mayor or president and shall vote
12and have veto power in the manner provided by law for a mayor
13or president. If the person does not resign from the original
14office following election as acting mayor or acting president,
15then the acting mayor or acting president shall exercise the
16powers of the mayor or president but shall be entitled to vote
17only in the manner provided for as the holder of the original
18office and shall not have the power to veto. If the person does
19not resign from the original office following election as
20acting mayor or acting president, and if that person's
21original term of office has not expired when a mayor or
22president is elected and has qualified for office, the acting
23mayor or acting-president shall return to the original office
24for the remainder of the term thereof.
25    (e) Appointment to fill alderperson or trustee vacancy. An
26appointment by the mayor or president or acting mayor or

 

 

SB3784- 10 -LRB102 24013 AWJ 33223 b

1acting president, as the case may be, of a qualified person as
2described in Section 3.1-10-5 of this Code to fill a vacancy in
3the office of alderperson or trustee must be made within 60
4days after the vacancy occurs. Once the appointment of the
5qualified person has been forwarded to the corporate
6authorities, the corporate authorities shall act upon the
7appointment within 30 days. If the appointment fails to
8receive the advice and consent of the corporate authorities
9within 30 days, the mayor or president or acting mayor or
10acting president shall appoint and forward to the corporate
11authorities a second qualified person as described in Section
123.1-10-5. Once the appointment of the second qualified person
13has been forwarded to the corporate authorities, the corporate
14authorities shall act upon the appointment within 30 days. If
15the appointment of the second qualified person also fails to
16receive the advice and consent of the corporate authorities,
17then the mayor or president or acting mayor or acting
18president, without the advice and consent of the corporate
19authorities, may make a temporary appointment from those
20persons who were appointed but whose appointments failed to
21receive the advice and consent of the corporate authorities.
22The person receiving the temporary appointment shall serve
23until an appointment has received the advice and consent and
24the appointee has qualified or until a person has been elected
25and has qualified, whichever first occurs.
26    (f) Election to fill vacancies in municipal offices with

 

 

SB3784- 11 -LRB102 24013 AWJ 33223 b

14-year terms. If a vacancy occurs in an elective municipal
2office with a 4-year term and there remains an unexpired
3portion of the term of at least 28 months, and the vacancy
4occurs at least 130 days before the general municipal election
5next scheduled under the general election law, then the
6vacancy shall be filled for the remainder of the term at that
7general municipal election. Whenever an election is held for
8this purpose, the municipal clerk shall certify the office to
9be filled and the candidates for the office to the proper
10election authorities as provided in the general election law.
11If a vacancy occurs with less than 28 months remaining in the
12unexpired portion of the term or less than 130 days before the
13general municipal election, then:
14        (1) Mayor or president. If the vacancy is in the
15    office of mayor or president, the vacancy must be filled
16    by the corporate authorities electing one of their members
17    as acting mayor or acting president. Except as set forth
18    in subsection (d), the acting mayor or acting president
19    shall perform the duties and possess all the rights and
20    powers of the mayor or president until a mayor or
21    president is elected at the next general municipal
22    election and has qualified. However, in villages with a
23    population of less than 5,000, if each of the trustees
24    either declines the election as acting president or is not
25    elected by a majority vote of the trustees presently
26    holding office, then the trustees may elect, as acting

 

 

SB3784- 12 -LRB102 24013 AWJ 33223 b

1    president, any other village resident who is qualified to
2    hold municipal office, and the acting president shall
3    exercise the powers of the president and shall vote and
4    have veto power in the manner provided by law for a
5    president.
6        (2) Alderperson or trustee. If the vacancy is in the
7    office of alderperson or trustee, the vacancy must be
8    filled by the mayor or president or acting mayor or acting
9    president, as the case may be, in accordance with
10    subsection (e).
11        (3) Other elective office. If the vacancy is in any
12    elective municipal office other than mayor or president or
13    alderperson or trustee, the mayor or president or acting
14    mayor or acting president, as the case may be, must
15    appoint a qualified person to hold the office until the
16    office is filled by election, subject to the advice and
17    consent of the city council or the board of trustees, as
18    the case may be.
19    (g) Vacancies in municipal offices with 2-year terms. In
20the case of an elective municipal office with a 2-year term, if
21the vacancy occurs at least 130 days before the general
22municipal election next scheduled under the general election
23law, the vacancy shall be filled for the remainder of the term
24at that general municipal election. If the vacancy occurs less
25than 130 days before the general municipal election, then:
26        (1) Mayor or president. If the vacancy is in the

 

 

SB3784- 13 -LRB102 24013 AWJ 33223 b

1    office of mayor or president, the vacancy must be filled
2    by the corporate authorities electing one of their members
3    as acting mayor or acting president. Except as set forth
4    in subsection (d), the acting mayor or acting president
5    shall perform the duties and possess all the rights and
6    powers of the mayor or president until a mayor or
7    president is elected at the next general municipal
8    election and has qualified. However, in villages with a
9    population of less than 5,000, if each of the trustees
10    either declines the election as acting president or is not
11    elected by a majority vote of the trustees presently
12    holding office, then the trustees may elect, as acting
13    president, any other village resident who is qualified to
14    hold municipal office, and the acting president shall
15    exercise the powers of the president and shall vote and
16    have veto power in the manner provided by law for a
17    president.
18        (2) Alderperson or trustee. If the vacancy is in the
19    office of alderperson or trustee, the vacancy must be
20    filled by the mayor or president or acting mayor or acting
21    president, as the case may be, in accordance with
22    subsection (e).
23        (3) Other elective office. If the vacancy is in any
24    elective municipal office other than mayor or president or
25    alderperson or trustee, the mayor or president or acting
26    mayor or acting president, as the case may be, must

 

 

SB3784- 14 -LRB102 24013 AWJ 33223 b

1    appoint a qualified person to hold the office until the
2    office is filled by election, subject to the advice and
3    consent of the city council or the board of trustees, as
4    the case may be.
5    (h) In cases of vacancies arising by reason of an election
6being declared void pursuant to paragraph (3) of subsection
7(c), persons holding elective office prior thereto shall hold
8office until their successors are elected and qualified or
9appointed and confirmed by advice and consent, as the case may
10be.
11    (i) This Section applies only to municipalities with
12populations under 500,000.
13(Source: P.A. 102-15, eff. 6-17-21.)
 
14    (65 ILCS 5/3.1-25-5)  (from Ch. 24, par. 3.1-25-5)
15    Sec. 3.1-25-5. Trustees; terms. In each village
16incorporated under this Code, the electors of the village
17shall elect 6 trustees. The term of office of the trustees
18shall be 4 years and until their successors are elected and
19have qualified. If a candidate has not yet been elected or
20qualified to fill a vacancy, then the vacancy process as
21provided in Section 3.1-10-50 shall ensue. Trustees elected at
22the first election for village officers after a village is
23incorporated, however, shall by lot designate one-half of
24their number, whose terms shall be 2 years and until their
25successors are elected and have qualified.

 

 

SB3784- 15 -LRB102 24013 AWJ 33223 b

1(Source: P.A. 87-1119.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.