Full Text of HB3755 96th General Assembly
HB3755 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3755
Introduced 2/25/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Provides that "unless otherwise specified" in another provision of the Illinois Municipal Code, an elective office becomes vacant in a municipality with a population of under 500,000 if certain specified events occur.
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A BILL FOR
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HB3755 |
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LRB096 09475 RLJ 19632 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 3.1-10-50 as follows:
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| (65 ILCS 5/3.1-10-50)
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| Sec. 3.1-10-50. Events upon which an elective office | 8 |
| becomes vacant in municipality with population under 500,000. | 9 |
| Unless otherwise specified in another provision of this Code, | 10 |
| an elective office becomes vacant in a municipality with a | 11 |
| population of under 500,000 if any of the following events | 12 |
| occur.
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| (a) Vacancy by resignation. A resignation is not effective | 14 |
| unless it is in
writing, signed by the person holding the | 15 |
| elective office, and notarized.
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| (1) Unconditional resignation. An unconditional | 17 |
| resignation by a person holding the elective office may | 18 |
| specify a future date, not later than 60 days after the | 19 |
| date the resignation is received by the officer authorized | 20 |
| to fill the vacancy, at
which time it becomes operative, | 21 |
| but the resignation may not be withdrawn after it is
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| received by the officer authorized to fill the vacancy. The | 23 |
| effective date of a resignation that does not specify a |
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LRB096 09475 RLJ 19632 b |
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| future date at which it becomes operative is the date the
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| resignation is received by the officer authorized to fill | 3 |
| the vacancy. The effective date of
a resignation that has a | 4 |
| specified future effective date is that specified future | 5 |
| date or the date the resignation is received by the officer | 6 |
| authorized to fill the vacancy, whichever date occurs | 7 |
| later. | 8 |
| (2) Conditional resignation. A resignation that does | 9 |
| not become
effective unless a specified event occurs can be | 10 |
| withdrawn at any time prior to the occurrence of the | 11 |
| specified event, but if not withdrawn, the effective date | 12 |
| of the
resignation is the date of the occurrence of the | 13 |
| specified event or the date the resignation is received by | 14 |
| the officer authorized to fill the vacancy, whichever date | 15 |
| occurs later. | 16 |
| (3) Vacancy upon the effective date. For the purpose of | 17 |
| determining the time period that would require an election | 18 |
| to fill the vacancy by resignation or the commencement of | 19 |
| the 60-day time period referred to in subsection (e), the | 20 |
| resignation of an elected officer is deemed to have created | 21 |
| a vacancy as of the effective date of the resignation. | 22 |
| (4) Duty of the clerk. If a resignation is delivered to | 23 |
| the clerk of the municipality, the clerk shall forward a | 24 |
| certified copy of the written resignation to the official | 25 |
| who is authorized to fill the vacancy within 7 business | 26 |
| days after receipt of the resignation. |
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LRB096 09475 RLJ 19632 b |
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| (b) Vacancy by death or disability. A vacancy occurs in an | 2 |
| office by reason
of the death of the incumbent. The date of the | 3 |
| death may be established by the date shown on the death
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| certificate. A vacancy occurs in an office by permanent | 5 |
| physical or
mental disability rendering the person incapable of | 6 |
| performing the duties of the office.
The corporate authorities | 7 |
| have the authority to make the determination whether an officer | 8 |
| is incapable of performing the duties of the office because of | 9 |
| a permanent physical or mental disability. A finding of mental | 10 |
| disability shall not be made prior to the appointment by a | 11 |
| court of a guardian ad litem for the officer or until a duly | 12 |
| licensed
doctor certifies, in writing, that the officer is | 13 |
| mentally impaired to the extent that the
officer is unable to | 14 |
| effectively perform the duties of the office. If the corporate
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| authorities find that an officer is incapable of performing the | 16 |
| duties of the office due to permanent
physical or mental | 17 |
| disability, that person is removed from the office and the | 18 |
| vacancy of the office occurs on the date of the determination. | 19 |
| (c) Vacancy by other causes. | 20 |
| (1) Abandonment and other causes. A vacancy occurs in | 21 |
| an office by reason of abandonment of office; removal from | 22 |
| office; or failure to qualify; or more than
temporary | 23 |
| removal of residence from the municipality; or in the case | 24 |
| of an alderman of a ward or councilman or trustee of a | 25 |
| district, more than temporary removal of residence
from the | 26 |
| ward or district, as the case may be. The corporate |
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| authorities have the authority to determine whether a | 2 |
| vacancy under this subsection has occurred. If the | 3 |
| corporate authorities determine that a vacancy exists, the | 4 |
| office is deemed vacant as of the date of that | 5 |
| determination for all purposes including the calculation | 6 |
| under subsections (e), (f), and (g). | 7 |
| (2) Guilty of a criminal offense. An admission of guilt | 8 |
| of a criminal
offense that upon conviction would disqualify | 9 |
| the municipal officer from holding the
office, in the form | 10 |
| of a written agreement with State or federal prosecutors to | 11 |
| plead guilty to a felony, bribery, perjury, or other | 12 |
| infamous crime under State or federal law, constitutes a | 13 |
| resignation from that office, effective on the date the | 14 |
| plea agreement is made. For purposes of this Section, a | 15 |
| conviction for an offense that disqualifies a municipal | 16 |
| officer from holding that office occurs on the date of the | 17 |
| return of a guilty verdict or, in the case of a trial by | 18 |
| the court, on the entry of a finding of guilt. | 19 |
| (3) Election declared void. A vacancy occurs on the | 20 |
| date of the decision of a competent tribunal declaring the | 21 |
| election of the officer void. | 22 |
| (d) Election of an acting mayor or acting president. The | 23 |
| election of an acting mayor or acting president pursuant to | 24 |
| subsection (f) or (g) does not create a vacancy in the original | 25 |
| office of the person on the city council or as a trustee, as | 26 |
| the case may be, unless the person resigns from the original |
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LRB096 09475 RLJ 19632 b |
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| office following election as acting mayor
or acting president. | 2 |
| If the person resigns from the original office following
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| election as acting mayor or acting president, then the original | 4 |
| office must be filled pursuant to the terms of this Section and | 5 |
| the acting mayor or acting president shall
exercise the powers | 6 |
| of the mayor or president and shall vote and have veto power in | 7 |
| the manner provided by law for a mayor or president. If the | 8 |
| person does not resign from
the original office following | 9 |
| election as acting mayor or acting president, then the
acting | 10 |
| mayor or acting president shall exercise the powers of the | 11 |
| mayor or president but shall be entitled to vote only in the | 12 |
| manner provided for as the holder of the original office and | 13 |
| shall not have the power to veto. If the person does not resign | 14 |
| from the
original office following election as acting mayor or | 15 |
| acting president, and if that person's original term of office | 16 |
| has not expired when a mayor or president is elected and has
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| qualified for office, the acting mayor or acting-president | 18 |
| shall return to the original office for the remainder of the | 19 |
| term thereof. | 20 |
| (e) Appointment to fill alderman or trustee vacancy. An | 21 |
| appointment by the
mayor or president or acting mayor or acting | 22 |
| president, as the case may be, of a qualified person as | 23 |
| described in Section 3.1-10-5 of this Code to fill a vacancy in | 24 |
| the office of alderman or trustee must be made within 60 days | 25 |
| after the vacancy occurs. Once the appointment of the qualified | 26 |
| person has been forwarded to the corporate
authorities, the |
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| corporate authorities shall act upon the appointment within 30 | 2 |
| days. If the appointment fails to receive the advice and | 3 |
| consent of the corporate authorities within 30 days, the mayor | 4 |
| or president or acting mayor or acting president shall appoint | 5 |
| and forward to the corporate authorities a second qualified | 6 |
| person as described in Section 3.1-10-5. Once the appointment | 7 |
| of the second qualified person has been
forwarded to the | 8 |
| corporate authorities, the corporate authorities shall act | 9 |
| upon the
appointment within 30 days. If the appointment of the | 10 |
| second qualified person also fails to receive the advice and | 11 |
| consent of the corporate authorities, then the mayor or | 12 |
| president or acting mayor or acting president, without the | 13 |
| advice and consent of the corporate authorities, may make a | 14 |
| temporary appointment from those persons who were appointed but | 15 |
| whose appointments failed to receive the advice and consent of | 16 |
| the corporate authorities. The person receiving the temporary | 17 |
| appointment shall serve until an appointment has received the | 18 |
| advice and consent and the appointee has qualified or until a | 19 |
| person has been elected and has qualified, whichever first | 20 |
| occurs. | 21 |
| (f) Election to fill vacancies in municipal offices with | 22 |
| 4-year terms. If a vacancy occurs in an elective municipal | 23 |
| office with a 4-year term and there remains an unexpired | 24 |
| portion of the term of at least 28 months, and the vacancy | 25 |
| occurs at least 130 days before
the general municipal election | 26 |
| next scheduled under the general election law, then the vacancy |
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| shall be filled for the remainder of the term at that general | 2 |
| municipal election. Whenever
an election is held for this | 3 |
| purpose, the municipal clerk shall certify the office to be | 4 |
| filled and the candidates for the office to the proper election | 5 |
| authorities as provided in the general election law. If a | 6 |
| vacancy occurs with less than 28 months remaining in the
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| unexpired portion of the term or less than 130 days before the | 8 |
| general municipal election, then: | 9 |
| (1) Mayor or president. If the
vacancy is in the office | 10 |
| of mayor or president, the vacancy must be filled by the
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| corporate authorities electing one of their members as | 12 |
| acting mayor or acting president. Except as set forth in | 13 |
| subsection (d), the acting mayor or acting president shall | 14 |
| perform the duties and possess all the rights and powers of | 15 |
| the mayor or president until a mayor or president is | 16 |
| elected at the next general municipal election and has | 17 |
| qualified. However, in
villages with a population of less | 18 |
| than 5,000, if each of the trustees either declines the
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| election as acting president or is not elected by a | 20 |
| majority vote of the trustees presently
holding office, | 21 |
| then the trustees may elect, as acting president, any other | 22 |
| village resident who is qualified to hold municipal office, | 23 |
| and the acting president shall exercise the powers of the | 24 |
| president and shall vote and have veto power in the manner | 25 |
| provided by law for a president. | 26 |
| (2) Alderman or trustee. If the vacancy is in the |
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LRB096 09475 RLJ 19632 b |
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| office of alderman or
trustee, the vacancy must be filled | 2 |
| by the mayor or president or acting mayor or acting | 3 |
| president, as the case may be, in accordance with | 4 |
| subsection (e). | 5 |
| (3) Other elective office. If the vacancy is in any | 6 |
| elective municipal office other than mayor or president or | 7 |
| alderman or trustee, the mayor or president or acting mayor | 8 |
| or acting president, as the case may be, must appoint a | 9 |
| qualified person to hold the office until the office is | 10 |
| filled by election, subject to the advice and consent of
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| the city council or the board of trustees, as the case may | 12 |
| be. | 13 |
| (g) Vacancies in municipal offices with 2-year terms. In | 14 |
| the case of an elective municipal office with a 2-year term, if | 15 |
| the vacancy occurs at least 130 days before the general | 16 |
| municipal election next scheduled under the general election | 17 |
| law, the vacancy shall be filled for the remainder of the term | 18 |
| at
that general municipal election. If the vacancy occurs less | 19 |
| than 130 days before the general municipal election, then: | 20 |
| (1) Mayor or president. If the
vacancy is in the office | 21 |
| of mayor or president, the vacancy must be filled by the
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| corporate authorities electing one of their members as | 23 |
| acting mayor or acting president. Except as set forth in | 24 |
| subsection (d), the acting mayor or acting president shall | 25 |
| perform the duties and possess all the rights and powers of | 26 |
| the mayor or president until a mayor or president is |
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LRB096 09475 RLJ 19632 b |
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| 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
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| 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 |
| (h) In cases of vacancies arising by reason of an election | 25 |
| being declared void pursuant to paragraph (3) of subsection | 26 |
| (c), persons holding elective office prior thereto shall hold
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LRB096 09475 RLJ 19632 b |
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| office until their successors are elected and qualified or | 2 |
| appointed and confirmed by advice and consent, as the case may | 3 |
| be.
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| (i) This Section applies only to municipalities with | 5 |
| populations under 500,000.
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| (Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
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