94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3459

 

Introduced 02/23/05, by Rep. Michael Tryon

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/25-2   from Ch. 46, par. 25-2
65 ILCS 5/3.1-10-5   from Ch. 24, par. 3.1-10-5
65 ILCS 5/3.1-10-50
65 ILCS 5/3.1-10-51 new
65 ILCS 5/5-2-15   from Ch. 24, par. 5-2-15

    Amends the Election Code. Provides that a municipality having a population under 500,000 is not subject to the Section regarding the events by which an elective office becomes vacant. Amends the Illinois Municipal Code. Provides that a person who resides in a newly incorporated municipality or who resides in an area of a municipality that has been redistricted is eligible for elective municipal office, notwithstanding that the person has not lived in the new municipality or the different district for at least one year. Describes the events upon which a municipal elective office becomes vacant, such as unconditional resignation, conditional resignation, death, disability, and abandonment. Provides for the election of an acting mayor and an acting president in the event of a vacancy. Provides for the appointment of an alderman or trustee to fill a vacancy. Provides when a vacant position with an unexpired term must be filled by an election. Provides for filling a vacancy in an office of a municipal officer or an alderman. Provides for filling the vacancy of the office of a village alderman or trustee. Effective January 1, 2006.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 25-2 as follows:
 
6     (10 ILCS 5/25-2)  (from Ch. 46, par. 25-2)
7     Sec. 25-2. Events on which an elective office becomes
8 vacant. Every elective office shall become vacant on the
9 happening of any of the following events before the expiration
10 of the term of such office:
11         (1) The death of the incumbent.
12         (2) His or her resignation.
13         (3) His or her becoming a person under legal
14     disability.
15         (4) His or her ceasing to be an inhabitant of the
16     State; or if the office is local, his or her ceasing to be
17     an inhabitant of the district, county, town, or precinct
18     for which he or she was elected; provided, that the
19     provisions of this paragraph shall not apply to township
20     officers whose township boundaries are changed in
21     accordance with Section 10-20 of the Township Code, nor to
22     township or multi-township assessors elected under
23     Sections 2-5 through 2-15 of the Property Tax Code.
24         (5) His or her conviction of an infamous crime, or of
25     any offense involving a violation of official oath.
26         (6) His or her removal from office.
27         (7) His or her refusal or neglect to take his or her
28     oath of office, or to give or renew his or her official
29     bond, or to deposit or file such oath or bond within the
30     time prescribed by law.
31         (8) The decision of a competent tribunal declaring his
32     or her election void.

 

 

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1     No elective office, except as herein otherwise provided,
2 shall become vacant until the successor of the incumbent of
3 such office has been appointed or elected, as the case may be,
4 and qualified.
5     An unconditional resignation, effective at a future date,
6 may not be withdrawn after it is received by the officer
7 authorized to fill the vacancy. Such resignation shall create a
8 vacancy in office for the purpose of determining the time
9 period which would require an election. The resigning office
10 holder may continue to hold such office until the date or event
11 specified in such resignation, but no later than the date at
12 which his or her successor is elected and qualified.
13     An admission of guilt of a criminal offense that would,
14 upon conviction, disqualify the holder of an elective office
15 from holding that office, in the form of a written agreement
16 with State or federal prosecutors to plead guilty to a felony,
17 bribery, perjury, or other infamous crime under State or
18 federal law, shall constitute a resignation from that office,
19 effective at the time the plea agreement is made.
20     For purposes of this Section, a conviction for an offense
21 that disqualifies the holder of an elective office from holding
22 that office shall occur on the date of the return of a guilty
23 verdict or, in the case of a trial by the court, the entry of a
24 finding of guilt.
25     This Section does not apply to any elected or appointed
26 officers or officials of any municipality having a population
27 under 500,000.
28 (Source: P.A. 90-707, eff. 8-7-98.)
 
29     Section 10. The Illinois Municipal Code is amended by
30 changing Sections 3.1-10-5, 3.1-10-50, and 5-2-15 and by adding
31 Section 3.1-10-51 as follows:
 
32     (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
33     Sec. 3.1-10-5. Qualifications; elective office.
34     (a) A person is not eligible for an elective municipal

 

 

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1 office unless that person is a qualified elector of the
2 municipality and, in other than newly incorporated
3 municipalities, has resided in the municipality at least one
4 year next preceding the election or appointment, except as
5 provided in subsection (c) of Section 3.1-20-25, subsection (b)
6 of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
7     (b) A person is not eligible for an elective municipal
8 office if that person is in arrears in the payment of a tax or
9 other indebtedness due to the municipality or has been
10 convicted in any court located in the United States of any
11 infamous crime, bribery, perjury, or other felony.
12     (c) A person is not eligible for the office of alderman of
13 a ward unless that person has resided in the ward that the
14 person seeks to represent, and a person is not eligible for the
15 office of trustee of a district unless that person has resided
16 in the municipality, at least one year next preceding the
17 election or appointment, except as provided in subsection (c)
18 of Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
19 Section 5-2-2, or Section 5-2-11.
20 (Source: P.A. 93-847, eff. 7-30-04.)
 
21     (65 ILCS 5/3.1-10-50)
22     Sec. 3.1-10-50. Events upon which an elective office
23 becomes vacant Vacancies.
24     (a) Vacancy by resignation. A resignation is not effective
25 unless it is in writing and signed by the person holding the
26 elective office.
27         (1) Unconditional resignation. An unconditional
28     resignation by a person holding the elective office may
29     specify a future date, not later than 60 days after the
30     date the resignation is received by the officer authorized
31     to fill the vacancy, at which time it becomes operative,
32     but the resignation may not be withdrawn after it is
33     received by the officer authorized to fill the vacancy. The
34     effective date of a resignation that does not specify a
35     future date at which it becomes operative is the date the

 

 

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1     resignation is received by the officer authorized to fill
2     the vacancy. The effective date of a resignation that has a
3     specified future effective date is that specified future
4     date or the date the resignation is received by the officer
5     authorized to fill the vacancy, whichever date occurs
6     later.
7         (2) Conditional resignation. A resignation that does
8     not become effective unless a specified event occurs can be
9     withdrawn at any time prior to the occurrence of the
10     specified event, but if not withdrawn, the effective date
11     of the resignation is the date of the occurrence of the
12     specified event or the date the resignation is received by
13     the officer authorized to fill the vacancy, whichever date
14     occurs later.
15         (3) Vacancy upon the effective date. For the purpose of
16     determining the time period that would require an election
17     to fill the vacancy by resignation or the commencement of
18     the 60-day time period referred to in subsection (e), the
19     resignation of an elected officer is deemed to have created
20     a vacancy as of the effective date of the resignation.
21         (4) Duty of the clerk. If a resignation is delivered to
22     the clerk of the municipality, the clerk shall forward a
23     certified copy of the written resignation to the official
24     who is authorized to fill the vacancy.
25     (b) Vacancy by death or disability. A vacancy occurs in an
26 office by reason of the death of the incumbent. The date of the
27 death may be established by the date shown on the death
28 certificate or other evidence. A vacancy occurs in an office by
29 permanent physical or mental disability rendering the person
30 incapable of performing the duties of the office. The corporate
31 authorities have the authority to make the determination
32 whether an officer is incapable of performing the duties of the
33 office because of a permanent physical or mental disability. A
34 finding of mental disability shall not be made prior to the
35 appointment by a court of a guardian ad litem for the officer
36 or until a duly licensed doctor certifies, in writing, that the

 

 

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1 officer is mentally impaired to the extent that the officer is
2 unable to effectively perform the duties of the office. If the
3 corporate authorities find that an officer is incapable of
4 performing the duties of the office due to permanent physical
5 or mental disability, that person is removed from the office
6 and the vacancy of the office occurs on the date of the
7 determination.
8     (c) Vacancy by other causes.
9         (1) Abandonment and other causes. A vacancy occurs in
10     an office by reason of abandonment of office; removal from
11     office; or failure to qualify; or more than temporary
12     removal of residence from the municipality; or in the case
13     of an alderman of a ward or councilman or trustee of a
14     district, more than temporary removal of residence from the
15     ward or district, as the case may be. The corporate
16     authorities have the authority to determine whether a
17     vacancy under this subsection has occurred. If the
18     corporate authorities determine that a vacancy exists, the
19     office is deemed vacant as of the date of that
20     determination for all purposes including the calculation
21     under subsections (e), (f), and (g).
22         (2) Guilty of a criminal offense. An admission of guilt
23     of a criminal offense that upon conviction would disqualify
24     the municipal officer from holding the office, in the form
25     of a written agreement with State or federal prosecutors to
26     plead guilty to a felony, bribery, perjury, or other
27     infamous crime under State or federal law, constitutes a
28     resignation from that office, effective on the date the
29     plea agreement is made. For purposes of this Section, a
30     conviction for an offense that disqualifies a municipal
31     officer from holding that office occurs on the date of the
32     return of a guilty verdict or, in the case of a trial by
33     the court, on the entry of a finding of guilt.
34         (3) Election declared void. A vacancy occurs on the
35     date of the decision of a competent tribunal declaring the
36     election of the officer void.

 

 

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1     (d) Election of an acting mayor or acting president. The
2 election of an acting mayor or acting president pursuant to
3 subsection (f) or (g) does not create a vacancy in the original
4 office of the person on the city council or as a trustee, as
5 the case may be, unless the person resigns from the original
6 office following election as acting mayor or acting president.
7 If the person resigns from the original office following
8 election as acting mayor or acting president, then the original
9 office must be filled pursuant to the terms of this Section and
10 the acting mayor or acting president shall exercise the powers
11 of the mayor or president and shall vote and have veto power in
12 the manner provided by law for a mayor or president. If the
13 person does not resign from the original office following
14 election as acting mayor or acting president, then the acting
15 mayor or acting president shall exercise the powers of the
16 mayor or president but shall be entitled to vote only in the
17 manner provided for as the holder of the original office and
18 shall not have the power to veto. If the person does not resign
19 from the original office following election as acting mayor or
20 acting president, and if that person's original term of office
21 has not expired when a mayor or president is elected and has
22 qualified for office, the acting mayor or acting-president
23 shall return to the original office for the remainder of the
24 term thereof.
25     (e) Appointment to fill alderman or trustee vacancy. An
26 appointment by the mayor or president or acting mayor or acting
27 president, as the case may be, of a qualified person as
28 described in Section 3.1-10-5 of this Code to fill a vacancy in
29 the office of alderman or trustee must be made within 60 days
30 after the vacancy occurs. Once the appointment of the qualified
31 person has been forwarded to the corporate authorities, the
32 corporate authorities shall act upon the appointment within 30
33 days. If the appointment fails to receive the advice and
34 consent of the corporate authorities within 30 days, the mayor
35 or president or acting mayor or acting president shall appoint
36 and forward to the corporate authorities a second qualified

 

 

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1 person as described in Section 3.1-10-5. Once the appointment
2 of the second qualified person has been forwarded to the
3 corporate authorities, the corporate authorities shall act
4 upon the appointment within 30 days. If the appointment of the
5 second qualified person also fails to receive the advice and
6 consent of the corporate authorities, then the mayor or
7 president or acting mayor or acting president, without the
8 advice and consent of the corporate authorities, may make a
9 temporary appointment from those persons who were appointed but
10 whose appointments failed to receive the advice and consent of
11 the corporate authorities. The person receiving the temporary
12 appointment shall serve until an appointment has received the
13 advice and consent and the appointee has qualified or until a
14 person has been elected and has qualified, whichever first
15 occurs.
16     (f) Election to fill vacancies in municipal offices with
17 4-year terms. If a vacancy occurs in an elective municipal
18 office with a 4-year term and there remains an unexpired
19 portion of the term of at least 28 months, and the vacancy
20 occurs at least 130 days before the general municipal election
21 next scheduled under the general election law, then the vacancy
22 shall be filled for the remainder of the term at that general
23 municipal election. Whenever an election is held for this
24 purpose, the municipal clerk shall certify the office to be
25 filled and the candidates for the office to the proper election
26 authorities as provided in the general election law. If a
27 vacancy occurs with less than 28 months remaining in the
28 unexpired portion of the term or less than 130 days before the
29 general municipal election, then:
30         (1) Mayor or president. If the vacancy is in the office
31     of mayor or president, the vacancy must be filled by the
32     corporate authorities electing one of their members as
33     acting mayor or acting president. Except as set forth in
34     subsection (d), the acting mayor or acting president shall
35     perform the duties and possess all the rights and powers of
36     the mayor or president until a mayor or president is

 

 

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1     elected at the next general municipal election and has
2     qualified. However, in villages with a population of less
3     than 5,000, if each of the trustees either declines the
4     election as acting president or is not elected by a
5     majority vote of the trustees presently holding office,
6     then the trustees may elect, as acting president, any other
7     village resident who is qualified to hold municipal office,
8     and the acting president shall exercise the powers of the
9     president and shall vote and have veto power in the manner
10     provided by law for a president.
11         (2) Alderman or trustee. If the vacancy is in the
12     office of alderman or trustee, the vacancy must be filled
13     by the mayor or president or acting mayor or acting
14     president, as the case may be, in accordance with
15     subsection (e).
16         (3) Other elective office. If the vacancy is in any
17     elective municipal office other than mayor or president or
18     alderman or trustee, the mayor or president or acting mayor
19     or acting president, as the case may be, must appoint a
20     qualified person to hold the office until the office is
21     filled by election, subject to the advice and consent of
22     the city council or the board of trustees, as the case may
23     be.
24     (g) Vacancies in municipal offices with 2-year terms. In
25 the case of an elective municipal office with a 2-year term, if
26 the vacancy occurs at least 130 days before the general
27 municipal election next scheduled under the general election
28 law, the vacancy shall be filled for the remainder of the term
29 at that general municipal election. If the vacancy occurs less
30 than 130 days before the general municipal election, then:
31         (1) Mayor or president. If the vacancy is in the office
32     of mayor or president, the vacancy must be filled by the
33     corporate authorities electing one of their members as
34     acting mayor or acting president. Except as set forth in
35     subsection (d), the acting mayor or acting president shall
36     perform the duties and possess all the rights and powers of

 

 

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1     the mayor or president until a mayor or president is
2     elected at the next general municipal election and has
3     qualified. However, in villages with a population of less
4     than 5,000, if each of the trustees either declines the
5     election as acting president or is not elected by a
6     majority vote of the trustees presently holding office,
7     then the trustees may elect, as acting president, any other
8     village resident who is qualified to hold municipal office,
9     and the acting president shall exercise the powers of the
10     president and shall vote and have veto power in the manner
11     provided by law for a president.
12         (2) Alderman or trustee. If the vacancy is in the
13     office of alderman or trustee, the vacancy must be filled
14     by the mayor or president or acting mayor or acting
15     president, as the case may be, in accordance with
16     subsection (e).
17         (3) Other elective office. If the vacancy is in any
18     elective municipal office other than mayor or president or
19     alderman or trustee, the mayor or president or acting mayor
20     or acting president, as the case may be, must appoint a
21     qualified person to hold the office until the office is
22     filled by election, subject to the advice and consent of
23     the city council or the board of trustees, as the case may
24     be.
25     (h) In cases of vacancies arising by reason of an election
26 being declared void pursuant to paragraph (3) of subsection
27 (c), persons holding elective office prior thereto shall hold
28 office until their successors are elected and qualified or
29 appointed and confirmed by advice and consent, as the case may
30 be.
31     (a) A municipal officer may resign from office. A vacancy
32 occurs in an office by reason of resignation, failure to elect
33 or qualify (in which case the incumbent shall remain in office
34 until the vacancy is filled), death, permanent physical or
35 mental disability rendering the person incapable of performing
36 the duties of his or her office, conviction of a disqualifying

 

 

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1 crime, abandonment of office, removal from office, or removal
2 of residence from the municipality or, in the case of aldermen
3 of a ward or trustees of a district, removal of residence from
4 the ward or district, as the case may be. An admission of guilt
5 of a criminal offense that would, upon conviction, disqualify
6 the municipal officer from holding that office, in the form of
7 a written agreement with State or federal prosecutors to plead
8 guilty to a felony, bribery, perjury, or other infamous crime
9 under State or federal law, shall constitute a resignation from
10 that office, effective at the time the plea agreement is made.
11 For purposes of this Section, a conviction for an offense that
12 disqualifies the municipal officer from holding that office
13 shall occur on the date of the return of a guilty verdict or,
14 in the case of a trial by the court, the entry of a finding of
15 guilt.
16     (b) If a vacancy occurs in an elective municipal office
17 with a 4-year term and there remains an unexpired portion of
18 the term of at least 28 months, and the vacancy occurs at least
19 130 days before the general municipal election next scheduled
20 under the general election law, the vacancy shall be filled for
21 the remainder of the term at that general municipal election.
22 Whenever an election is held for this purpose, the municipal
23 clerk shall certify the office to be filled and the candidates
24 for the office to the proper election authorities as provided
25 in the general election law. If the vacancy is in the office of
26 mayor, the city council shall elect one of their members acting
27 mayor; if the vacancy is in the office of president, the
28 vacancy shall be filled by the appointment by the trustees of
29 an acting president from the members of the board of trustees.
30 In villages with a population of less than 5,000, if each of
31 the members of the board of trustees either declines the
32 appointment as acting president or is not approved for the
33 appointment by a majority vote of the trustees presently
34 holding office, then the board of trustees may appoint as
35 acting president any other village resident who is qualified to
36 hold municipal office. The acting mayor or acting president

 

 

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1 shall perform the duties and possess all the rights and powers
2 of the mayor or president until a successor to fill the vacancy
3 has been elected and has qualified. If the vacancy is in any
4 other elective municipal office, then until the office is
5 filled by election, the mayor or president shall appoint a
6 qualified person to the office subject to the advice and
7 consent of the city council or trustees.
8     (c) In a 2 year term, or if the vacancy occurs later than
9 the time provided in subsection (b) in a 4 year term, a vacancy
10 in the office of mayor shall be filled by the corporate
11 authorities electing one of their members acting mayor; if the
12 vacancy is in the office of president, the vacancy shall be
13 filled by the appointment by the trustees of an acting
14 president from the members of the board of trustees. In
15 villages with a population of less than 5,000, if each of the
16 members of the board of trustees either declines the
17 appointment as acting president or is not approved for the
18 appointment by a majority vote of the trustees presently
19 holding office, then the board of trustees may appoint as
20 acting president any other village resident who is qualified to
21 hold municipal office. The acting mayor or acting president
22 shall perform the duties and possess all the rights and powers
23 of the mayor or president until a mayor or president is elected
24 at the next general municipal election and has qualified. A
25 vacancy in any elective office other than mayor or president
26 shall be filled by appointment by the mayor or president, with
27 the advice and consent of the corporate authorities.
28     (d) Municipal officers appointed or elected under this
29 Section shall hold office until their successors are elected
30 and have qualified.
31     (e) An appointment to fill a vacancy in the office of
32 alderman shall be made within 60 days after the vacancy occurs.
33 The requirement that an appointment be made within 60 days is
34 an exclusive power and function of the State and is a denial
35 and limitation under Article VII, Section 6, subsection (h) of
36 the Illinois Constitution of the power of a home rule

 

 

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1 municipality to require that an appointment be made within a
2 different period after the vacancy occurs.
3 (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98;
4 91-357, eff. 7-29-99.)
 
5     (65 ILCS 5/3.1-10-51 new)
6     Sec. 3.1-10-51. Vacancies in municipalities with a
7 population of 500,000 or more.
8     (a) A municipal officer may resign from office. A vacancy
9 occurs in an office by reason of resignation, failure to elect
10 or qualify (in which case the incumbent shall remain in office
11 until the vacancy is filled), death, permanent physical or
12 mental disability rendering the person incapable of performing
13 the duties of his or her office, conviction of a disqualifying
14 crime, abandonment of office, removal from office, or removal
15 of residence from the municipality or, in the case of an
16 alderman of a ward, removal of residence from the ward. An
17 admission of guilt of a criminal offense that would, upon
18 conviction, disqualify the municipal officer from holding that
19 office, in the form of a written agreement with State or
20 federal prosecutors to plead guilty to a felony, bribery,
21 perjury, or other infamous crime under State or federal law,
22 shall constitute a resignation from that office, effective at
23 the time the plea agreement is made. For purposes of this
24 Section, a conviction for an offense that disqualifies the
25 municipal officer from holding that office occurs on the date
26 of the return of a guilty verdict or, in the case of a trial by
27 the court, the entry of a finding of guilt.
28     (b) If a vacancy occurs in an elective municipal office
29 with a 4-year term and there remains an unexpired portion of
30 the term of at least 28 months, and the vacancy occurs at least
31 130 days before the general municipal election next scheduled
32 under the general election law, then the vacancy shall be
33 filled for the remainder of the term at that general municipal
34 election. Whenever an election is held for this purpose, the
35 municipal clerk shall certify the office to be filled and the

 

 

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1 candidates for the office to the proper election authorities as
2 provided in the general election law. If the vacancy is in the
3 office of mayor, the city council shall elect one of their
4 members acting mayor. The acting mayor shall perform the duties
5 and possess all the rights and powers of the mayor or president
6 until a successor to fill the vacancy has been elected and has
7 qualified. If the vacancy is in any other elective municipal
8 office, then until the office is filled by election, the mayor
9 or president shall appoint a qualified person to the office
10 subject to the advice and consent of the city council or
11 trustees.
12     (c) A municipal officer appointed or elected under this
13 Section shall hold office until the officer's successor is
14 elected and has qualified.
15     (d) An appointment to fill a vacancy in the office of
16 alderman shall be made within 60 days after the vacancy occurs.
17 The requirement that an appointment be made within 60 days is
18 an exclusive power and function of the State and is a denial
19 and limitation under Article VII, Section 6, subsection (h) of
20 the Illinois Constitution of the power of a home rule
21 municipality to require that an appointment be made within a
22 different period after the vacancy occurs.
23     (e) This Section applies only to municipalities with a
24 population of 500,000 or more.
 
25     (65 ILCS 5/5-2-15)  (from Ch. 24, par. 5-2-15)
26     Sec. 5-2-15. Trustees; tenure; vacancies.
27     (a) In each village operating under Section 5-2-12, the
28 electors of the village shall elect 6 trustees. The term of
29 office of the trustees shall be 4 years and until their
30 successors are elected and have qualified. Trustees elected at
31 the first election for village officers after a village is
32 incorporated, however, shall by lot designate one-half of their
33 number whose terms shall be 2 years and until their successors
34 are elected and have qualified. In all villages having a
35 population of less than 50,000 in which only 3 trustees were

 

 

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1 elected for a 4 year term in the year 1941, 3 trustees shall be
2 elected for a 4 year term at the regular village election in
3 the year 1943, and thereafter 3 trustees shall be elected in
4 each odd numbered year for a term of 4 years.
5     (b) Appointment to fill an alderman or trustee vacancy. An
6 appointment by the mayor or president or acting mayor or acting
7 president, as the case may be, of a qualified person as
8 described in Section 3.1-10-5 of this Code to fill a vacancy in
9 the office of alderman or trustee must be made within 60 days
10 after the vacancy occurs. Once the appointment of the qualified
11 person has been forwarded to the corporate authorities, the
12 corporate authorities shall act upon the appointment within 30
13 days. If the appointment fails to receive the advice and
14 consent of the corporate authorities within the 30 days, the
15 mayor or president or acting mayor or acting president shall
16 appoint and forward to the corporate authorities a second
17 qualified person as described in Section 3.1-10-5. Once the
18 appointment of the second qualified person has been forwarded
19 to the corporate authorities, the corporate authorities shall
20 act upon the appointment within 30 days. If the appointment of
21 the second qualified person also fails to receive the advice
22 and consent of the corporate authorities within 30 days, then
23 the mayor or president or acting mayor or acting president,
24 without the advice and consent of the corporate authorities,
25 may make a temporary appointment from those persons who were
26 appointed but whose appointments failed to receive the advice
27 and consent of the corporate authorities. The person receiving
28 the temporary appointment shall serve until an appointment has
29 received the advice and consent of the corporate authorities or
30 until a person has been elected and has qualified, whichever
31 first occurs. Whenever a vacancy in the office of a trustee in
32 any village, whether incorporated under a general or a special
33 Act, occurs during his or her term, the vacancy shall be filled
34 for the remainder of the term as provided in Section 3.1-10-50.
35 During the period from the time that the vacancy occurs until a
36 trustee is elected under this Section and has qualified, the

 

 

HB3459 - 15 - LRB094 07656 AJO 37829 b

1 vacancy may be filled by the appointment of a trustee by the
2 president with the advice and consent of the remaining
3 trustees. An appointment to fill a vacancy shall be made within
4 60 days after the vacancy occurs. The requirement that an
5 appointment be made within 60 days is an exclusive power and
6 function of the State and is a denial and limitation under
7 Article VII, Section 6, subsection (h) of the Illinois
8 Constitution of the power of a home rule municipality to
9 require that an appointment be made within a different period
10 after the vacancy occurs.
11 (Source: P.A. 87-1052; 87-1119; 88-45.)
 
12     Section 99. Effective date. This Act takes effect January
13 1, 2006.