Full Text of HB4344 100th General Assembly
HB4344 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4344 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/3.1-10-65 | from Ch. 24, par. 3.1-10-65 | 65 ILCS 5/3.1-10-75 | from Ch. 24, par. 3.1-10-75 | 65 ILCS 5/3.1-15-40 | from Ch. 24, par. 3.1-15-40 | 65 ILCS 5/3.1-20-22 | from Ch. 24, par. 3.1-20-22 |
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Amends the Illinois Municipal Code. Provides that no later than 60 days after the effective date of the amendatory Act, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which aldermen or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of aldermen or trustees that occurs after July 1, 2018 (if the effective date of the amendatory Act is on or before July 1, 2018) or July 1, 2019 (if the effective date of the amendatory Act is after July 1, 2018), one alderman or trustee shall be elected from each even-numbered ward for a 2-year term and one alderman or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years. Effective immediately.
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| | 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 Illinois Municipal Code is amended by | 5 | | changing Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and | 6 | | 3.1-20-22 as follows:
| 7 | | (65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
| 8 | | Sec. 3.1-10-65. Referendum to reduce terms.
| 9 | | (a) Except as otherwise provided in subsection (c), in In | 10 | | any municipality of less than 500,000 inhabitants, a
| 11 | | proposition to reduce the terms of the elective officers of the
| 12 | | municipality from 4 years to 2 years may be submitted, within | 13 | | the discretion of
the corporate authorities, to the electors of | 14 | | the municipality. The
proposition shall also be submitted if a | 15 | | petition requesting that action is
signed by electors of the | 16 | | municipality numbering not less than 10% of
the total vote cast | 17 | | at the last election for mayor or president of the
municipality | 18 | | and the petition is filed with the municipal clerk and
| 19 | | certified in accordance with the general election law. The | 20 | | proposition shall be
substantially in the following form:
| 21 | | Shall the term of the elective officers of (name of | 22 | | municipality) be
reduced from 4 years to 2 years?
| 23 | | (b) If a majority of the electors voting on the proposition |
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| 1 | | vote
against it, the terms of the officers shall remain 4 | 2 | | years. If, however,
a majority of those voting on the | 3 | | proposition vote in favor of it, the
officers elected at the | 4 | | next regular election for officers in the
municipality shall | 5 | | hold their offices for a term of 2 years and until
their | 6 | | successors are elected and have qualified, except in the case | 7 | | of
trustees and aldermen. In the case of aldermen and trustees:
| 8 | | (i) at the first election of aldermen or trustees that occurs | 9 | | in
an odd numbered year following the vote to reduce the length | 10 | | of terms,
successors to aldermen or trustees whose terms expire | 11 | | in that year shall
be elected for a term of one year and until | 12 | | their successors are elected
and have qualified and (ii) | 13 | | thereafter, one-half of the aldermen or
trustees shall be | 14 | | elected each year for terms of 2 years and until their
| 15 | | successors are elected and have qualified.
| 16 | | (c) No later than 60 days after the effective date of this | 17 | | amendatory Act of the 100th General Assembly, the corporate | 18 | | authorities of a municipality with a population of fewer than | 19 | | 40,000 inhabitants in which aldermen or trustees are elected | 20 | | for 2-year terms shall adopt an ordinance providing that, at | 21 | | the first election of aldermen or trustees that occurs after | 22 | | July 1, 2018 (if the effective date of this amendatory Act of | 23 | | the 100th General Assembly is on or before July 1, 2018) or | 24 | | July 1, 2019 (if the effective date of this amendatory Act of | 25 | | the 100th General Assembly is after July 1, 2018), one alderman | 26 | | or trustee shall be elected from each even-numbered ward for a |
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| 1 | | 2-year term and one alderman or trustee shall be elected from | 2 | | each odd-numbered ward for a 4-year term, after which their | 3 | | successors shall be elected for 4-year terms. | 4 | | Notwithstanding the provisions of subsections (a) and (b), | 5 | | on and after the effective date of this amendatory Act of the | 6 | | 100th General Assembly, a municipality with a population of | 7 | | fewer than 40,000 may not reduce the length of terms of the | 8 | | aldermen or trustees of the municipality from 4 years to 2 | 9 | | years by referendum or otherwise. | 10 | | (Source: P.A. 87-1119.)
| 11 | | (65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
| 12 | | Sec. 3.1-10-75. Referendum to lengthen terms.
| 13 | | (a) Except as otherwise provided in subsection (c), in In | 14 | | any municipality of
less than 500,000 inhabitants
that, under | 15 | | Section 3.1-10-65, has voted to shorten the terms of
elective | 16 | | officers, a proposition to lengthen the terms of the elective
| 17 | | officers of the municipality from 2 years to 4 years may be | 18 | | submitted,
within the discretion of the corporate authorities, | 19 | | to the electors of
the municipality.
The proposition shall be | 20 | | certified by the municipal clerk to the appropriate
election | 21 | | authorities, who shall submit the proposition at an election in
| 22 | | accordance
with the general election law. The proposition shall | 23 | | also be submitted at
an election if a petition requesting that | 24 | | action
is signed by electors of the municipality numbering not | 25 | | less than 10% of
the total vote cast at the last election for |
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| 1 | | mayor or president of the
municipality and the petition is | 2 | | filed with the municipal clerk.
The proposition shall be | 3 | | substantially in the
following form:
| 4 | | Shall the term of the elective
officers of (name of | 5 | | municipality)
be lengthened from 2 years to 4 years?
| 6 | | (b) If a majority of the electors voting on the proposition | 7 | | vote
against it, the terms of the officers shall remain 2 | 8 | | years. If, however,
a majority of those voting on the | 9 | | proposition vote in favor of it, the
officers elected at the | 10 | | next regular election for officers in the
municipality shall | 11 | | hold their offices for a term of 4 years and until
their | 12 | | successors are elected and have qualified, except in the case | 13 | | of
trustees and aldermen. In the case of aldermen and trustees:
| 14 | | (i) if the first election for aldermen or trustees, after
| 15 | | approval of the proposition, occurs in an even numbered year, | 16 | | the
aldermen or trustees elected in that even numbered year | 17 | | shall serve for
terms of 3 years and until their successors are | 18 | | elected and have qualified, the
terms for successors to those | 19 | | elected at the first even numbered year
election shall be 4 | 20 | | years and until successors are elected and have qualified,
the | 21 | | aldermen or trustees elected at the first odd numbered year | 22 | | election
next following the first even numbered year election | 23 | | shall serve for
terms of 4 years and until successors are | 24 | | elected and have qualified, and
successors elected after the | 25 | | first odd numbered year shall also serve 4
year terms and until | 26 | | their successors are elected and have qualified and (ii) if
the |
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| 1 | | first election for aldermen or trustees, after approval of the
| 2 | | proposition, occurs in an odd numbered year, the aldermen or | 3 | | trustees
elected in that odd numbered year shall serve for | 4 | | terms of 4 years and
until their successors are elected and | 5 | | have qualified, the terms for successors
to those elected at | 6 | | the first odd numbered year election shall be for 4
years and | 7 | | until successors are elected and have qualified, the aldermen | 8 | | or
trustees elected at the first even numbered year election | 9 | | next following
the first odd numbered year election shall serve | 10 | | for terms of one year
and until their successors are elected | 11 | | and have qualified, and the terms for
successors to those | 12 | | elected at the first odd numbered year election
shall be 4 | 13 | | years and until their successors are elected and have | 14 | | qualified.
| 15 | | (c) Notwithstanding the provisions of subsections (a) and | 16 | | (b), no later than 60 days after the effective date of this | 17 | | amendatory Act of the 100th General Assembly, the corporate | 18 | | authorities of a municipality with a population of fewer than | 19 | | 40,000 inhabitants in which aldermen or trustees are elected | 20 | | for 2-year terms shall adopt an ordinance providing that, at | 21 | | the first election of aldermen or trustees that occurs after | 22 | | July 1, 2018 (if the effective date of this amendatory Act of | 23 | | the 100th General Assembly is on or before July 1, 2018) or | 24 | | July 1, 2019 (if the effective date of this amendatory Act of | 25 | | the 100th General Assembly is after July 1, 2018), one alderman | 26 | | or trustee shall be elected from each even-numbered ward for a |
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| 1 | | 2-year term and one alderman or trustee shall be elected from | 2 | | each odd-numbered ward for a 4-year term, after which their | 3 | | successors shall be elected for 4-year terms. | 4 | | (Source: P.A. 87-1119.)
| 5 | | (65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
| 6 | | Sec. 3.1-15-40. Staggered elections under minority plans. | 7 | | In municipalities with a population of fewer than 40,000, the | 8 | | corporate authorities shall, no later than 60 days after the | 9 | | effective date of this amendatory Act of the 100th General | 10 | | Assembly, provide by ordinance that that at any ensuing general | 11 | | municipal election for city officers the aldermen in every | 12 | | alternate district shall be elected for one term of 2 years | 13 | | and, at the expiration of that term of 2 years, for regular | 14 | | terms of 4 years. In all other
cities
that adopt or have | 15 | | adopted the minority representation plan for the
election of | 16 | | aldermen and have
not already staggered the terms of their | 17 | | aldermen, the city council may
provide by ordinance that at any | 18 | | ensuing general municipal election
for city officers the | 19 | | aldermen in every alternate district shall be elected
for one | 20 | | term of 2 years and, at the expiration of that term of 2 years,
| 21 | | for regular terms of 4 years. This Section does not prohibit a | 22 | | city from
voting in favor of a 2 year term for city officers as | 23 | | provided in Section
3.1-10-65. The provisions of the general | 24 | | election law shall govern elections
under this Section.
| 25 | | (Source: P.A. 87-1119.)
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| 1 | | (65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
| 2 | | Sec. 3.1-20-22. Aldermen; staggered terms. | 3 | | (a) Except as otherwise provided in subsection (b), in In | 4 | | any city of less than
100,000 inhabitants, a
proposition to | 5 | | stagger the terms of aldermen, with as nearly as possible
| 6 | | one-half of the aldermen elected every 2 years, shall be | 7 | | certified by the
city clerk to the proper election authority, | 8 | | who shall submit the
proposition at an election in accordance | 9 | | with the general election law, if
a petition requesting that | 10 | | action is signed by electors of the city
numbering at least 10% | 11 | | of the total vote cast at the last election for mayor of
the
| 12 | | city and is filed with the city clerk.
| 13 | | The ballot shall have printed on it, but not as a part of | 14 | | the
proposition submitted, the following information for | 15 | | voters: one alderman
elected from each even-numbered ward shall | 16 | | serve a term of 2 years; one
alderman elected from each | 17 | | odd-numbered ward shall serve a term of 4 years.
| 18 | | The proposition shall be substantially in the following | 19 | | form:
| 20 | | Shall (name of city) adopt
a system of staggered terms
| 21 | | for aldermen?
| 22 | | If a majority of those voting on the proposition vote in | 23 | | favor of it, then at
the next regular election for aldermen one | 24 | | alderman shall be elected from
each even-numbered ward for a | 25 | | term of 2 years and one alderman shall be
elected from each |
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| 1 | | odd-numbered ward for a term of 4 years. Thereafter,
their | 2 | | successors shall be elected for terms of 4 years.
| 3 | | (b) In any municipality with a population of fewer than | 4 | | 40,000, the corporate authorities of the municipality shall | 5 | | adopt an ordinance providing that, at the first election of | 6 | | aldermen that occurs after July 1, 2018 (if the effective date | 7 | | of this amendatory Act of the 100th General Assembly is on or | 8 | | before July 1, 2018) or July 1, 2019 (if the effective date of | 9 | | this amendatory Act of the 100th General Assembly is after July | 10 | | 1, 2018), one alderman shall be elected from each even-numbered | 11 | | ward for a 2-year term and one alderman shall be elected from | 12 | | each odd-numbered ward for a 4-year term, after which their | 13 | | successors shall be elected for 4-year terms. | 14 | | (Source: P.A. 87-1119.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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