HB1401ham002 99TH GENERAL ASSEMBLY

Rep. Thaddeus Jones

Filed: 4/20/2015

09900HB1401ham002 LRB099 00146 AWJ 34421 a

AMENDMENT TO HOUSE BILL 1401

AMENDMENT NO. ______. Amend House Bill 1401 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and 3.1-20-22 as follows:

(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)

Sec. 3.1-10-65. Referendum to reduce terms.

(a) Except as otherwise provided in subsection (c), in In any municipality of less than 500,000 inhabitants, a proposition to reduce the terms of the elective officers of the municipality from 4 years to 2 years may be submitted, within the discretion of the corporate authorities, to the electors of the municipality. The proposition shall also be submitted if a petition requesting that action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the municipality and the petition is filed with the municipal clerk and certified in accordance with the general election law. The proposition shall be substantially in the following form:

Shall the term of the elective officers of (name of municipality) be reduced from 4 years to 2 years?

(b) If a majority of the electors voting on the proposition vote against it, the terms of the officers shall remain 4 years. If, however, a majority of those voting on the proposition vote in favor of it, the officers elected at the next regular election for officers in the municipality shall hold their offices for a term of 2 years and until their successors are elected and have qualified, except in the case of trustees and aldermen. In the case of aldermen and trustees: (i) at the first election of aldermen or trustees that occurs in an odd numbered year following the vote to reduce the length of terms, successors to aldermen or trustees whose terms expire in that year shall be elected for a term of one year and until their successors are elected and have qualified and (ii) thereafter, one-half of the aldermen or trustees shall be elected each year for terms of 2 years and until their successors are elected and have qualified.

(c) Notwithstanding the provisions of subsections (a) and (b), on or after 60 days after the effective date of this amendatory Act of the 99th General Assembly, the corporate authorities of each municipality with a population of less than 40,000 shall designate by ordinance or resolution one-half of the aldermen or trustees to serve a 4-year term and one-half of the aldermen or trustees to serve a 2-year term. Within 7 days after the corporate authorities determine which terms shall be for 4 years and which terms shall be for 2 years, but no later than August 1, 2015, the corporate authorities shall report and certify to the election authority the aldermen or trustees whose terms are for 4 years or 2 years. The provisions of this subsection shall not apply to a municipality that has adopted a commission form of municipal government. The staggered terms shall commence as follows:

(1) For a municipality that has elected aldermen or trustees in 2013, at the 2017 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(2) For a municipality that has elected aldermen or trustees in 2015, at the 2019 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

Notwithstanding the provisions of subsections (a) and (b), on and after the effective date of this amendatory Act of the 99th General Assembly, a municipality with a population of less than 40,000 may not reduce the length of terms of its aldermen or trustees from 4 years to 2 years by referendum or otherwise.

(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)

Sec. 3.1-10-75. Referendum to lengthen terms.

(a) Except as otherwise provided in subsection (c), in In any municipality of less than 500,000 inhabitants that, under Section 3.1-10-65, has voted to shorten the terms of elective officers, a proposition to lengthen the terms of the elective officers of the municipality from 2 years to 4 years may be submitted, within the discretion of the corporate authorities, to the electors of the municipality. The proposition shall be certified by the municipal clerk to the appropriate election authorities, who shall submit the proposition at an election in accordance with the general election law. The proposition shall also be submitted at an election if a petition requesting that action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the municipality and the petition is filed with the municipal clerk. The proposition shall be substantially in the following form:

Shall the term of the elective officers of (name of municipality) be lengthened from 2 years to 4 years?

(b) If a majority of the electors voting on the proposition vote against it, the terms of the officers shall remain 2 years. If, however, a majority of those voting on the proposition vote in favor of it, the officers elected at the next regular election for officers in the municipality shall hold their offices for a term of 4 years and until their successors are elected and have qualified, except in the case of trustees and aldermen. In the case of aldermen and trustees: (i) if the first election for aldermen or trustees, after approval of the proposition, occurs in an even numbered year, the aldermen or trustees elected in that even numbered year shall serve for terms of 3 years and until their successors are elected and have qualified, the terms for successors to those elected at the first even numbered year election shall be 4 years and until successors are elected and have qualified, the aldermen or trustees elected at the first odd numbered year election next following the first even numbered year election shall serve for terms of 4 years and until successors are elected and have qualified, and successors elected after the first odd numbered year shall also serve 4 year terms and until their successors are elected and have qualified and (ii) if the first election for aldermen or trustees, after approval of the proposition, occurs in an odd numbered year, the aldermen or trustees elected in that odd numbered year shall serve for terms of 4 years and until their successors are elected and have qualified, the terms for successors to those elected at the first odd numbered year election shall be for 4 years and until successors are elected and have qualified, the aldermen or trustees elected at the first even numbered year election next following the first odd numbered year election shall serve for terms of one year and until their successors are elected and have qualified, and the terms for successors to those elected at the first odd numbered year election shall be 4 years and until their successors are elected and have qualified.

(c) Notwithstanding the provisions of subsections (a) and (b), on or after 60 days after the effective date of this amendatory Act of the 99th General Assembly, the corporate authorities of each municipality with a population of less than 40,000 shall designate by ordinance or resolution one-half of the aldermen or trustees to serve a 4-year term and one-half of the aldermen or trustees to serve a 2-year term. Within 7 days after the corporate authorities determine which terms shall be for 4 years and which terms shall be for 2 years, but no later than August 1, 2015, the corporate authorities shall report and certify to the election authority the aldermen or trustees whose terms are for 4 years or 2 years. The provisions of this subsection shall not apply to a municipality that has adopted a commission form of municipal government. The staggered terms shall commence as follows:

(1) For a municipality that has elected aldermen or trustees in 2013, at the 2017 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(2) For a municipality that has elected aldermen or trustees in 2015, at the 2019 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)

Sec. 3.1-15-40. Staggered elections under minority plans.

On or after 60 days after the effective date of this amendatory Act of the 99th General Assembly, the corporate authorities of each municipality with a population of less than 40,000 shall designate by ordinance or resolution one-half of the aldermen or trustees to serve a 4-year term and one-half of the aldermen or trustees to serve a 2-year term. Within 7 days after the corporate authorities determine which terms shall be for 4 years and which terms shall be for 2 years, but no later than August 1, 2015, the corporate authorities shall report and certify to the election authority the aldermen or trustees whose terms are for 4 years or 2 years. The provisions of this subsection shall not apply to a municipality that has adopted a commission form of municipal government. The staggered terms shall commence as follows:

(1) For a municipality that has elected aldermen or trustees in 2013, at the 2017 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(2) For a municipality that has elected aldermen or trustees in 2015, at the 2019 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

In all other cities that adopt or have adopted the minority representation plan for the election of aldermen and have not already staggered the terms of their aldermen, the city council may provide by ordinance that at any ensuing general municipal election for city officers the aldermen in every alternate district shall be elected for one term of 2 years and, at the expiration of that term of 2 years, for regular terms of 4 years. This Section does not prohibit a city from voting in favor of a 2 year term for city officers as provided in Section 3.1-10-65. The provisions of the general election law shall govern elections under this Section.

(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)

Sec. 3.1-20-22. Aldermen; staggered terms.

(a) Except as otherwise provided in subsection (b), in In any city of less than 100,000 inhabitants, a proposition to stagger the terms of aldermen, with as nearly as possible one-half of the aldermen elected every 2 years, shall be certified by the city clerk to the proper election authority, who shall submit the proposition at an election in accordance with the general election law, if a petition requesting that action is signed by electors of the city numbering at least 10% of the total vote cast at the last election for mayor of the city and is filed with the city clerk.

The ballot shall have printed on it, but not as a part of the proposition submitted, the following information for voters: one alderman elected from each even-numbered ward shall serve a term of 2 years; one alderman elected from each odd-numbered ward shall serve a term of 4 years.

The proposition shall be substantially in the following form:

Shall (name of city) adopt a system of staggered terms for aldermen?

If a majority of those voting on the proposition vote in favor of it, then at the next regular election for aldermen one alderman shall be elected from each even-numbered ward for a term of 2 years and one alderman shall be elected from each odd-numbered ward for a term of 4 years. Thereafter, their successors shall be elected for terms of 4 years.

(b) On or after 60 days after the effective date of this amendatory Act of the 99th General Assembly, the corporate authorities of each municipality with a population of less than 40,000 shall designate by ordinance or resolution one-half of the aldermen or trustees to serve a 4-year term and one-half of the aldermen or trustees to serve a 2-year term. Within 7 days after the corporate authorities determine which terms shall be for 4 years and which terms shall be for 2 years, but no later than August 1, 2015, the corporate authorities shall report and certify to the election authority the aldermen or trustees whose terms are for 4 years or 2 years. The provisions of this subsection shall not apply to a municipality that has adopted a commission form of municipal government. The staggered terms shall commence as follows:

(1) For a municipality that has elected aldermen or trustees in 2013, at the 2017 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(2) For a municipality that has elected aldermen or trustees in 2015, at the 2019 election, one-half of the aldermen or trustees shall be elected for a 4-year term, and one-half of the aldermen or trustees shall be elected for a 2-year term. Thereafter, all aldermen or trustees shall be elected for a 4-year term.

(Source: P.A. 87-1119.)

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