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90_SB1118sam001
SDS/90SB1118pam1/cep
1 AMENDMENT TO SENATE BILL 1118
2 AMENDMENT NO. . Amend Senate Bill 1118 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Municipal Code by changing
5 Section 3.1-10-50."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Municipal Code is amended by
9 changing Section 3.1-10-50 as follows:
10 (65 ILCS 5/3.1-10-50)
11 Sec. 3.1-10-50. Vacancies.
12 (a) A municipal officer may resign from office. A
13 vacancy occurs in an office by reason of resignation, failure
14 to elect or qualify (in which case the incumbent shall remain
15 in office until the vacancy is filled), death, permanent
16 physical or mental disability rendering the person incapable
17 of performing the duties of his or her office, conviction of
18 a disqualifying crime, abandonment of office, removal from
19 office, or removal of residence from the municipality or, in
20 the case of aldermen of a ward or trustees of a district,
21 removal of residence from the ward or district, as the case
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1 may be.
2 (b) If a vacancy occurs in an elective municipal office
3 with a 4-year term and there remains an unexpired portion of
4 the term of at least 28 months, and the vacancy occurs at
5 least 130 days before the general municipal election next
6 scheduled under the general election law, the vacancy shall
7 be filled for the remainder of the term at that general
8 municipal election. Whenever an election is held for this
9 purpose, the municipal clerk shall certify the office to be
10 filled and the candidates for the office to the proper
11 election authorities as provided in the general election law.
12 If the vacancy is in the office of mayor, the city council
13 shall elect one of their members acting mayor; if the vacancy
14 is in the office of president, the vacancy shall be filled by
15 the appointment of an acting president by the trustees of an
16 acting president from the members of the board of trustees.
17 The acting mayor or acting president shall perform the duties
18 and possess all the rights and powers of the mayor or
19 president until a successor to fill the vacancy has been
20 elected and has qualified. If the vacancy is in any other
21 elective municipal office, then until the office is filled by
22 election, the mayor or president shall appoint a qualified
23 person to the office subject to the advice and consent of the
24 city council or trustees.
25 (c) In a 2 year term, or if the vacancy occurs later
26 than the time provided in subsection (b) in a 4 year term, a
27 vacancy in the office of mayor shall be filled by the
28 corporate authorities electing one of their members acting
29 mayor; if the vacancy is in the office of president, the
30 vacancy shall be filled by the appointment of an acting
31 president by the trustees of an acting president from the
32 members of the board of trustees. The acting mayor or acting
33 president shall perform the duties and possess all the rights
34 and powers of the mayor or president until a mayor or
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1 president is elected at the next general municipal election
2 and has qualified. A vacancy in any elective office other
3 than mayor or president shall be filled by appointment by the
4 mayor or president, with the advice and consent of the
5 corporate authorities.
6 (d) Municipal officers appointed or elected under this
7 Section shall hold office until their successors are elected
8 and have qualified.
9 (e) An appointment to fill a vacancy in the office of
10 alderman shall be made within 60 days after the vacancy
11 occurs. The requirement that an appointment be made within
12 60 days is an exclusive power and function of the State and
13 is a denial and limitation under Article VII, Section 6,
14 subsection (h) of the Illinois Constitution of the power of a
15 home rule municipality to require that an appointment be made
16 within a different period after the vacancy occurs.
17 (Source: P.A. 87-1052; 87-1119; 88-45.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".