Full Text of HB0735 99th General Assembly
HB0735eng 99TH GENERAL ASSEMBLY |
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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 Illinois Municipal Code is amended by | 5 | | changing Sections 3.1-10-50 and 3.1-10-51, and by adding | 6 | | Section 8-1-2.10 as follows:
| 7 | | (65 ILCS 5/3.1-10-50)
| 8 | | Sec. 3.1-10-50. Events upon which an elective office | 9 | | becomes vacant in municipality with population under 500,000.
| 10 | | (a) Vacancy by resignation. A resignation is not effective | 11 | | unless it is in
writing, signed by the person holding the | 12 | | elective office, and notarized.
| 13 | | (1) Unconditional resignation. An unconditional | 14 | | resignation by a person holding the elective office may | 15 | | specify a future date, not later than 60 days after the | 16 | | date the resignation is received by the officer authorized | 17 | | to fill the vacancy, at
which time it becomes operative, | 18 | | but the resignation may not be withdrawn after it is
| 19 | | received by the officer authorized to fill the vacancy. The | 20 | | effective date of a resignation that does not specify a | 21 | | future date at which it becomes operative is the date the
| 22 | | resignation is received by the officer authorized to fill | 23 | | the vacancy. The effective date of
a resignation that has a |
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| 1 | | specified future effective date is that specified future | 2 | | date or the date the resignation is received by the officer | 3 | | authorized to fill the vacancy, whichever date occurs | 4 | | later. | 5 | | (2) Conditional resignation. A resignation that does | 6 | | not become
effective unless a specified event occurs can be | 7 | | withdrawn at any time prior to the occurrence of the | 8 | | specified event, but if not withdrawn, the effective date | 9 | | of the
resignation is the date of the occurrence of the | 10 | | specified event or the date the resignation is received by | 11 | | the officer authorized to fill the vacancy, whichever date | 12 | | occurs later. | 13 | | (3) Vacancy upon the effective date. For the purpose of | 14 | | determining the time period that would require an election | 15 | | to fill the vacancy by resignation or the commencement of | 16 | | the 60-day time period referred to in subsection (e), the | 17 | | resignation of an elected officer is deemed to have created | 18 | | a vacancy as of the effective date of the resignation. | 19 | | (4) Duty of the clerk. If a resignation is delivered to | 20 | | the clerk of the municipality, the clerk shall forward a | 21 | | certified copy of the written resignation to the official | 22 | | who is authorized to fill the vacancy within 7 business | 23 | | days after receipt of the resignation. | 24 | | (b) Vacancy by death or disability. A vacancy occurs in an | 25 | | office by reason
of the death of the incumbent. The date of the | 26 | | death may be established by the date shown on the death
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| 1 | | certificate. A vacancy occurs in an office by permanent | 2 | | physical or
mental disability rendering the person incapable of | 3 | | performing the duties of the office.
The corporate authorities | 4 | | have the authority to make the determination whether an officer | 5 | | is incapable of performing the duties of the office because of | 6 | | a permanent physical or mental disability. A finding of mental | 7 | | disability shall not be made prior to the appointment by a | 8 | | court of a guardian ad litem for the officer or until a duly | 9 | | licensed
doctor certifies, in writing, that the officer is | 10 | | mentally impaired to the extent that the
officer is unable to | 11 | | effectively perform the duties of the office. If the corporate
| 12 | | authorities find that an officer is incapable of performing the | 13 | | duties of the office due to permanent
physical or mental | 14 | | disability, that person is removed from the office and the | 15 | | vacancy of the office occurs on the date of the determination. | 16 | | (c) Vacancy by other causes. | 17 | | (1) Abandonment and other causes. A vacancy occurs in | 18 | | an office by reason of abandonment of office; removal from | 19 | | office; or failure to qualify; or more than
temporary | 20 | | removal of residence from the municipality; or in the case | 21 | | of an alderman of a ward or councilman or trustee of a | 22 | | district, more than temporary removal of residence
from the | 23 | | ward or district, as the case may be. The corporate | 24 | | authorities have the authority to determine whether a | 25 | | vacancy under this subsection has occurred. If the | 26 | | corporate authorities determine that a vacancy exists, or |
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| 1 | | if a third violation of Section 8-1-2.10 of this Code | 2 | | occurs, the office is deemed vacant as of the date of that | 3 | | determination for all purposes including the calculation | 4 | | under subsections (e), (f), and (g). | 5 | | (2) Guilty of a criminal offense. An admission of guilt | 6 | | of a criminal
offense that upon conviction would disqualify | 7 | | the municipal officer from holding the
office, in the form | 8 | | of a written agreement with State or federal prosecutors to | 9 | | plead guilty to a felony, bribery, perjury, or other | 10 | | infamous crime under State or federal law, constitutes a | 11 | | resignation from that office, effective on the date the | 12 | | plea agreement is made. For purposes of this Section, a | 13 | | conviction for an offense that disqualifies a municipal | 14 | | officer from holding that office occurs on the date of the | 15 | | return of a guilty verdict or, in the case of a trial by | 16 | | the court, on the entry of a finding of guilt. | 17 | | (3) Election declared void. A vacancy occurs on the | 18 | | date of the decision of a competent tribunal declaring the | 19 | | election of the officer void. | 20 | | (d) Election of an acting mayor or acting president. The | 21 | | election of an acting mayor or acting president pursuant to | 22 | | subsection (f) or (g) does not create a vacancy in the original | 23 | | office of the person on the city council or as a trustee, as | 24 | | the case may be, unless the person resigns from the original | 25 | | office following election as acting mayor
or acting president. | 26 | | If the person resigns from the original office following
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| 1 | | election as acting mayor or acting president, then the original | 2 | | office must be filled pursuant to the terms of this Section and | 3 | | the acting mayor or acting president shall
exercise the powers | 4 | | of the mayor or president and shall vote and have veto power in | 5 | | the manner provided by law for a mayor or president. If the | 6 | | person does not resign from
the original office following | 7 | | election as acting mayor or acting president, then the
acting | 8 | | mayor or acting president shall exercise the powers of the | 9 | | mayor or president but shall be entitled to vote only in the | 10 | | manner provided for as the holder of the original office and | 11 | | shall not have the power to veto. If the person does not resign | 12 | | from the
original office following election as acting mayor or | 13 | | acting president, and if that person's original term of office | 14 | | has not expired when a mayor or president is elected and has
| 15 | | qualified for office, the acting mayor or acting-president | 16 | | shall return to the original office for the remainder of the | 17 | | term thereof. | 18 | | (e) Appointment to fill alderman or trustee vacancy. An | 19 | | appointment by the
mayor or president or acting mayor or acting | 20 | | president, as the case may be, of a qualified person as | 21 | | described in Section 3.1-10-5 of this Code to fill a vacancy in | 22 | | the office of alderman or trustee must be made within 60 days | 23 | | after the vacancy occurs. Once the appointment of the qualified | 24 | | person has been forwarded to the corporate
authorities, the | 25 | | corporate authorities shall act upon the appointment within 30 | 26 | | days. If the appointment fails to receive the advice and |
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| 1 | | consent of the corporate authorities within 30 days, the mayor | 2 | | or president or acting mayor or acting president shall appoint | 3 | | and forward to the corporate authorities a second qualified | 4 | | person as described in Section 3.1-10-5. Once the appointment | 5 | | of the second qualified person has been
forwarded to the | 6 | | corporate authorities, the corporate authorities shall act | 7 | | upon the
appointment within 30 days. If the appointment of the | 8 | | second qualified person also fails to receive the advice and | 9 | | consent of the corporate authorities, then the mayor or | 10 | | president or acting mayor or acting president, without the | 11 | | advice and consent of the corporate authorities, may make a | 12 | | temporary appointment from those persons who were appointed but | 13 | | whose appointments failed to receive the advice and consent of | 14 | | the corporate authorities. The person receiving the temporary | 15 | | appointment shall serve until an appointment has received the | 16 | | advice and consent and the appointee has qualified or until a | 17 | | person has been elected and has qualified, whichever first | 18 | | occurs. | 19 | | (f) Election to fill vacancies in municipal offices with | 20 | | 4-year terms. If a vacancy occurs in an elective municipal | 21 | | office with a 4-year term and there remains an unexpired | 22 | | portion of the term of at least 28 months, and the vacancy | 23 | | occurs at least 130 days before
the general municipal election | 24 | | next scheduled under the general election law, then the vacancy | 25 | | shall be filled for the remainder of the term at that general | 26 | | municipal election. Whenever
an election is held for this |
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| 1 | | purpose, the municipal clerk shall certify the office to be | 2 | | filled and the candidates for the office to the proper election | 3 | | authorities as provided in the general election law. If a | 4 | | vacancy occurs with less than 28 months remaining in the
| 5 | | unexpired portion of the term or less than 130 days before the | 6 | | general municipal election, then: | 7 | | (1) Mayor or president. If the
vacancy is in the office | 8 | | of mayor or president, the vacancy must be filled by the
| 9 | | corporate authorities electing one of their members as | 10 | | acting mayor or acting president. Except as set forth in | 11 | | subsection (d), the acting mayor or acting president shall | 12 | | perform the duties and possess all the rights and powers of | 13 | | the mayor or president until a mayor or president is | 14 | | elected at the next general municipal election and has | 15 | | qualified. However, in
villages with a population of less | 16 | | than 5,000, if each of the trustees either declines the
| 17 | | election as acting president or is not elected by a | 18 | | majority vote of the trustees presently
holding office, | 19 | | then the trustees may elect, as acting president, any other | 20 | | village resident who is qualified to hold municipal office, | 21 | | and the acting president shall exercise the powers of the | 22 | | president and shall vote and have veto power in the manner | 23 | | provided by law for a president. | 24 | | (2) Alderman or trustee. If the vacancy is in the | 25 | | office of alderman or
trustee, the vacancy must be filled | 26 | | by the mayor or president or acting mayor or acting |
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| 1 | | president, as the case may be, in accordance with | 2 | | subsection (e). | 3 | | (3) Other elective office. If the vacancy is in any | 4 | | elective municipal office other than mayor or president or | 5 | | alderman or trustee, the mayor or president or acting mayor | 6 | | or acting president, as the case may be, must appoint a | 7 | | qualified person to hold the office until the office is | 8 | | filled by election, subject to the advice and consent of
| 9 | | the city council or the board of trustees, as the case may | 10 | | be. | 11 | | (g) Vacancies in municipal offices with 2-year terms. In | 12 | | the case of an elective municipal office with a 2-year term, if | 13 | | the vacancy occurs at least 130 days before the general | 14 | | municipal election next scheduled under the general election | 15 | | law, the vacancy shall be filled for the remainder of the term | 16 | | at
that general municipal election. If the vacancy occurs less | 17 | | than 130 days before the general municipal election, then: | 18 | | (1) Mayor or president. If the
vacancy is in the office | 19 | | of mayor or president, the vacancy must be filled by the
| 20 | | corporate authorities electing one of their members as | 21 | | acting mayor or acting president. Except as set forth in | 22 | | subsection (d), the acting mayor or acting president shall | 23 | | perform the duties and possess all the rights and powers of | 24 | | the mayor or president until a mayor or president is | 25 | | elected at the next general municipal election and has | 26 | | qualified. However, in villages with a population of less |
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| 1 | | than 5,000, if each of the trustees either declines the
| 2 | | election as acting president or is not elected by a | 3 | | majority vote of the trustees presently holding office, | 4 | | then the trustees may elect, as acting president, any other | 5 | | village resident who is qualified to hold municipal office, | 6 | | and the acting president shall exercise the powers of the | 7 | | president and shall vote and have veto power in the manner | 8 | | provided by law for a president. | 9 | | (2) Alderman or trustee. If the vacancy is in the | 10 | | office of alderman or trustee, the vacancy must be filled | 11 | | by the mayor or president or acting mayor or acting | 12 | | president, as the case may be, in accordance with | 13 | | subsection (e). | 14 | | (3) Other elective office. If the vacancy is in any | 15 | | elective municipal office other than mayor or president or | 16 | | alderman or trustee, the mayor or president or acting mayor | 17 | | or acting president, as the case may be, must appoint a | 18 | | qualified person to
hold the office until the office is | 19 | | filled by election, subject to the advice and consent of | 20 | | the city council or the board of trustees, as the case may | 21 | | be. | 22 | | (h) In cases of vacancies arising by reason of an election | 23 | | being declared void pursuant to paragraph (3) of subsection | 24 | | (c), persons holding elective office prior thereto shall hold
| 25 | | office until their successors are elected and qualified or | 26 | | appointed and confirmed by advice and consent, as the case may |
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| 1 | | be.
| 2 | | (i) This Section applies only to municipalities with | 3 | | populations under 500,000.
| 4 | | (Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
| 5 | | (65 ILCS 5/3.1-10-51) | 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, or if a third violation of Section 8-1-2.10 of this Code | 15 | | occurs, abandonment of office, removal from office, or removal | 16 | | of residence from the municipality or, in the case of an | 17 | | alderman of a ward, removal of residence from the ward. An | 18 | | admission of guilt of a criminal offense that would, upon | 19 | | conviction, disqualify the municipal officer from holding that | 20 | | office, in the form of a written agreement with State or | 21 | | federal prosecutors to plead guilty to a felony, bribery, | 22 | | perjury, or other infamous crime under State or federal law, | 23 | | shall constitute a resignation from that office, effective at | 24 | | the time the plea agreement is made. For purposes of this | 25 | | Section, a conviction for an offense that disqualifies the |
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| 1 | | municipal officer from holding that office occurs on the date | 2 | | of the return of a guilty verdict or, in the case of a trial
by | 3 | | the court, the entry of a finding of guilt. | 4 | | (b) If a vacancy occurs in an elective municipal office | 5 | | with a 4-year term and
there remains an unexpired portion of | 6 | | the term of at least 28 months, and the vacancy occurs at least | 7 | | 130 days before the general municipal election next scheduled | 8 | | under the general election law, then the vacancy shall be | 9 | | filled for the remainder of the term at that
general municipal | 10 | | election. Whenever an election is held for this purpose, the | 11 | | municipal
clerk shall certify the office to be filled and the | 12 | | candidates for the office to the proper
election authorities as | 13 | | provided in the general election law. If the vacancy is in the | 14 | | office
of mayor, the city council shall elect one of their | 15 | | members acting mayor. The acting mayor shall perform the duties | 16 | | and possess all the rights and powers of the mayor until a | 17 | | successor to fill the vacancy has been elected and has | 18 | | qualified. If the
vacancy is in any other elective municipal | 19 | | office, then until the office is filled by election,
the mayor | 20 | | shall appoint a qualified person to the office subject to the | 21 | | advice
and consent of the city council. | 22 | | (c) If a vacancy occurs later than the time provided in | 23 | | subsection (b) in a 4-year term, a vacancy in the office of | 24 | | mayor shall be filled by the corporate authorities electing one | 25 | | of their members acting mayor. The acting mayor shall perform | 26 | | the duties and possess all the rights and powers of the mayor |
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| 1 | | until a mayor is elected at the next general municipal election | 2 | | and has qualified. A vacancy occurring later than the time | 3 | | provided in subsection (b) in a 4-year term in any elective | 4 | | office other than mayor shall be filled by appointment by the | 5 | | mayor, with the advice and consent of the corporate | 6 | | authorities.
| 7 | | (d) A municipal officer appointed or elected under this | 8 | | Section shall hold office
until the officer's successor is | 9 | | elected and has qualified. | 10 | | (e) An appointment to fill a vacancy in the office of | 11 | | alderman shall be made within 60 days after the vacancy occurs. | 12 | | The requirement that an appointment be made
within 60 days is | 13 | | an exclusive power and function of the State and is a denial | 14 | | and
limitation under Article VII, Section 6, subsection (h) of | 15 | | the Illinois Constitution of the power of a home rule | 16 | | municipality to require that an appointment be made within a | 17 | | different period after the vacancy occurs. | 18 | | (f) This Section applies only to municipalities with a | 19 | | population of 500,000 or more.
| 20 | | (Source: P.A. 95-646, eff. 1-1-08.) | 21 | | (65 ILCS 5/8-1-2.10 new) | 22 | | Sec. 8-1-2.10. Use of municipal funds for advertisements. | 23 | | No advertisement may be purchased using municipal funds that | 24 | | would include the name of any person holding an elected office. | 25 | | For purposes of this Section, "advertisement" means any type of |
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| 1 | | announcement that is purchased for promotional purposes for | 2 | | print in a book, publication, brochure, sign, or digital media | 3 | | including, but not limited to, a website, a sign, advertisement | 4 | | program, or electronic display. "Advertisement" does not | 5 | | include a community newsletter providing information | 6 | | pertaining to the community that is distributed to all | 7 | | residents and businesses within the community, a welcome sign | 8 | | posted upon entering a community, or a sign located at a | 9 | | governmental facility. | 10 | | A violation of this Section shall result in the violator | 11 | | repaying the municipal funds used for the advertisement. A | 12 | | third violation of this Section will result in the violator's | 13 | | removal from municipal office, and the office declared vacant.
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