|
Rep. Anthony DeLuca
Filed: 4/20/2015
| | 09900HB0735ham001 | | LRB099 04550 AWJ 34183 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 735
|
2 | | AMENDMENT NO. ______. Amend House Bill 735 by replacing |
3 | | everything after the enacting clause with the following:
|
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 |
|
| | 09900HB0735ham001 | - 2 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | to fill the vacancy, at
which time it becomes operative, |
2 | | but the resignation may not be withdrawn after it is
|
3 | | received by the officer authorized to fill the vacancy. The |
4 | | effective date of a resignation that does not specify a |
5 | | future date at which it becomes operative is the date the
|
6 | | resignation is received by the officer authorized to fill |
7 | | the vacancy. The effective date of
a resignation that has a |
8 | | specified future effective date is that specified future |
9 | | date or the date the resignation is received by the officer |
10 | | authorized to fill the vacancy, whichever date occurs |
11 | | later. |
12 | | (2) Conditional resignation. A resignation that does |
13 | | not become
effective unless a specified event occurs can be |
14 | | withdrawn at any time prior to the occurrence of the |
15 | | specified event, but if not withdrawn, the effective date |
16 | | of the
resignation is the date of the occurrence of the |
17 | | specified event or the date the resignation is received by |
18 | | the officer authorized to fill the vacancy, whichever date |
19 | | occurs later. |
20 | | (3) Vacancy upon the effective date. For the purpose of |
21 | | determining the time period that would require an election |
22 | | to fill the vacancy by resignation or the commencement of |
23 | | the 60-day time period referred to in subsection (e), the |
24 | | resignation of an elected officer is deemed to have created |
25 | | a vacancy as of the effective date of the resignation. |
26 | | (4) Duty of the clerk. If a resignation is delivered to |
|
| | 09900HB0735ham001 | - 3 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | the clerk of the municipality, the clerk shall forward a |
2 | | certified copy of the written resignation to the official |
3 | | who is authorized to fill the vacancy within 7 business |
4 | | days after receipt of the resignation. |
5 | | (b) Vacancy by death or disability. A vacancy occurs in an |
6 | | office by reason
of the death of the incumbent. The date of the |
7 | | death may be established by the date shown on the death
|
8 | | certificate. A vacancy occurs in an office by permanent |
9 | | physical or
mental disability rendering the person incapable of |
10 | | performing the duties of the office.
The corporate authorities |
11 | | have the authority to make the determination whether an officer |
12 | | is incapable of performing the duties of the office because of |
13 | | a permanent physical or mental disability. A finding of mental |
14 | | disability shall not be made prior to the appointment by a |
15 | | court of a guardian ad litem for the officer or until a duly |
16 | | licensed
doctor certifies, in writing, that the officer is |
17 | | mentally impaired to the extent that the
officer is unable to |
18 | | effectively perform the duties of the office. If the corporate
|
19 | | authorities find that an officer is incapable of performing the |
20 | | duties of the office due to permanent
physical or mental |
21 | | disability, that person is removed from the office and the |
22 | | vacancy of the office occurs on the date of the determination. |
23 | | (c) Vacancy by other causes. |
24 | | (1) Abandonment and other causes. A vacancy occurs in |
25 | | an office by reason of abandonment of office; removal from |
26 | | office; or failure to qualify; or more than
temporary |
|
| | 09900HB0735ham001 | - 4 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | removal of residence from the municipality; or in the case |
2 | | of an alderman of a ward or councilman or trustee of a |
3 | | district, more than temporary removal of residence
from the |
4 | | ward or district, as the case may be. The corporate |
5 | | authorities have the authority to determine whether a |
6 | | vacancy under this subsection has occurred. If the |
7 | | corporate authorities determine that a vacancy exists, or |
8 | | if a third violation of Section 8-1-2.10 of this Code |
9 | | occurs, the office is deemed vacant as of the date of that |
10 | | determination for all purposes including the calculation |
11 | | under subsections (e), (f), and (g). |
12 | | (2) Guilty of a criminal offense. An admission of guilt |
13 | | of a criminal
offense that upon conviction would disqualify |
14 | | the municipal officer from holding the
office, in the form |
15 | | of a written agreement with State or federal prosecutors to |
16 | | plead guilty to a felony, bribery, perjury, or other |
17 | | infamous crime under State or federal law, constitutes a |
18 | | resignation from that office, effective on the date the |
19 | | plea agreement is made. For purposes of this Section, a |
20 | | conviction for an offense that disqualifies a municipal |
21 | | officer from holding that office occurs on the date of the |
22 | | return of a guilty verdict or, in the case of a trial by |
23 | | the court, on the entry of a finding of guilt. |
24 | | (3) Election declared void. A vacancy occurs on the |
25 | | date of the decision of a competent tribunal declaring the |
26 | | election of the officer void. |
|
| | 09900HB0735ham001 | - 5 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | (d) Election of an acting mayor or acting president. The |
2 | | election of an acting mayor or acting president pursuant to |
3 | | subsection (f) or (g) does not create a vacancy in the original |
4 | | office of the person on the city council or as a trustee, as |
5 | | the case may be, unless the person resigns from the original |
6 | | office following election as acting mayor
or acting president. |
7 | | If the person resigns from the original office following
|
8 | | election as acting mayor or acting president, then the original |
9 | | office must be filled pursuant to the terms of this Section and |
10 | | the acting mayor or acting president shall
exercise the powers |
11 | | of the mayor or president and shall vote and have veto power in |
12 | | the manner provided by law for a mayor or president. If the |
13 | | person does not resign from
the original office following |
14 | | election as acting mayor or acting president, then the
acting |
15 | | mayor or acting president shall exercise the powers of the |
16 | | mayor or president but shall be entitled to vote only in the |
17 | | manner provided for as the holder of the original office and |
18 | | shall not have the power to veto. If the person does not resign |
19 | | from the
original office following election as acting mayor or |
20 | | acting president, and if that person's original term of office |
21 | | has not expired when a mayor or president is elected and has
|
22 | | qualified for office, the acting mayor or acting-president |
23 | | shall return to the original office for the remainder of the |
24 | | term thereof. |
25 | | (e) Appointment to fill alderman or trustee vacancy. An |
26 | | appointment by the
mayor or president or acting mayor or acting |
|
| | 09900HB0735ham001 | - 6 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | president, as the case may be, of a qualified person as |
2 | | described in Section 3.1-10-5 of this Code to fill a vacancy in |
3 | | the office of alderman or trustee must be made within 60 days |
4 | | after the vacancy occurs. Once the appointment of the qualified |
5 | | person has been forwarded to the corporate
authorities, the |
6 | | corporate authorities shall act upon the appointment within 30 |
7 | | days. If the appointment fails to receive the advice and |
8 | | consent of the corporate authorities within 30 days, the mayor |
9 | | or president or acting mayor or acting president shall appoint |
10 | | and forward to the corporate authorities a second qualified |
11 | | person as described in Section 3.1-10-5. Once the appointment |
12 | | of the second qualified person has been
forwarded to the |
13 | | corporate authorities, the corporate authorities shall act |
14 | | upon the
appointment within 30 days. If the appointment of the |
15 | | second qualified person also fails to receive the advice and |
16 | | consent of the corporate authorities, then the mayor or |
17 | | president or acting mayor or acting president, without the |
18 | | advice and consent of the corporate authorities, may make a |
19 | | temporary appointment from those persons who were appointed but |
20 | | whose appointments failed to receive the advice and consent of |
21 | | the corporate authorities. The person receiving the temporary |
22 | | appointment shall serve until an appointment has received the |
23 | | advice and consent and the appointee has qualified or until a |
24 | | person has been elected and has qualified, whichever first |
25 | | occurs. |
26 | | (f) Election to fill vacancies in municipal offices with |
|
| | 09900HB0735ham001 | - 7 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | 4-year terms. If a vacancy occurs in an elective municipal |
2 | | office with a 4-year term and there remains an unexpired |
3 | | portion of the term of at least 28 months, and the vacancy |
4 | | occurs at least 130 days before
the general municipal election |
5 | | next scheduled under the general election law, then the vacancy |
6 | | shall be filled for the remainder of the term at that general |
7 | | municipal election. Whenever
an election is held for this |
8 | | purpose, the municipal clerk shall certify the office to be |
9 | | filled and the candidates for the office to the proper election |
10 | | authorities as provided in the general election law. If a |
11 | | vacancy occurs with less than 28 months remaining in the
|
12 | | unexpired portion of the term or less than 130 days before the |
13 | | general municipal election, then: |
14 | | (1) Mayor or president. If the
vacancy is in the office |
15 | | of mayor or president, the vacancy must be filled by the
|
16 | | corporate authorities electing one of their members as |
17 | | acting mayor or acting president. Except as set forth in |
18 | | subsection (d), the acting mayor or acting president shall |
19 | | perform the duties and possess all the rights and powers of |
20 | | the mayor or president until a mayor or president is |
21 | | elected at the next general municipal election and has |
22 | | qualified. However, in
villages with a population of less |
23 | | than 5,000, if each of the trustees either declines the
|
24 | | election as acting president or is not elected by a |
25 | | majority vote of the trustees presently
holding office, |
26 | | then the trustees may elect, as acting president, any other |
|
| | 09900HB0735ham001 | - 8 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | village resident who is qualified to hold municipal office, |
2 | | and the acting president shall exercise the powers of the |
3 | | president and shall vote and have veto power in the manner |
4 | | provided by law for a president. |
5 | | (2) Alderman or trustee. If the vacancy is in the |
6 | | office of alderman or
trustee, the vacancy must be filled |
7 | | by the mayor or president or acting mayor or acting |
8 | | president, as the case may be, in accordance with |
9 | | subsection (e). |
10 | | (3) Other elective office. If the vacancy is in any |
11 | | elective municipal office other than mayor or president or |
12 | | alderman or trustee, the mayor or president or acting mayor |
13 | | or acting president, as the case may be, must appoint a |
14 | | qualified person to hold the office until the office is |
15 | | filled by election, subject to the advice and consent of
|
16 | | the city council or the board of trustees, as the case may |
17 | | be. |
18 | | (g) Vacancies in municipal offices with 2-year terms. In |
19 | | the case of an elective municipal office with a 2-year term, if |
20 | | the vacancy occurs at least 130 days before the general |
21 | | municipal election next scheduled under the general election |
22 | | law, the vacancy shall be filled for the remainder of the term |
23 | | at
that general municipal election. If the vacancy occurs less |
24 | | than 130 days before the general municipal election, then: |
25 | | (1) Mayor or president. If the
vacancy is in the office |
26 | | of mayor or president, the vacancy must be filled by the
|
|
| | 09900HB0735ham001 | - 9 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | corporate authorities electing one of their members as |
2 | | acting mayor or acting president. Except as set forth in |
3 | | subsection (d), the acting mayor or acting president shall |
4 | | perform the duties and possess all the rights and powers of |
5 | | the mayor or president until a mayor or president is |
6 | | elected at the next general municipal election and has |
7 | | qualified. However, in villages with a population of less |
8 | | than 5,000, if each of the trustees either declines the
|
9 | | election as acting president or is not elected by a |
10 | | majority vote of the trustees presently holding office, |
11 | | then the trustees may elect, as acting president, any other |
12 | | village resident who is qualified to hold municipal office, |
13 | | and the acting president shall exercise the powers of the |
14 | | president and shall vote and have veto power in the manner |
15 | | provided by law for a president. |
16 | | (2) Alderman or trustee. If the vacancy is in the |
17 | | office of alderman or trustee, the vacancy must be filled |
18 | | by the mayor or president or acting mayor or acting |
19 | | president, as the case may be, in accordance with |
20 | | subsection (e). |
21 | | (3) Other elective office. If the vacancy is in any |
22 | | elective municipal office other than mayor or president or |
23 | | alderman or trustee, the mayor or president or acting mayor |
24 | | or acting president, as the case may be, must appoint a |
25 | | qualified person to
hold the office until the office is |
26 | | filled by election, subject to the advice and consent of |
|
| | 09900HB0735ham001 | - 10 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | the city council or the board of trustees, as the case may |
2 | | be. |
3 | | (h) In cases of vacancies arising by reason of an election |
4 | | being declared void pursuant to paragraph (3) of subsection |
5 | | (c), persons holding elective office prior thereto shall hold
|
6 | | office until their successors are elected and qualified or |
7 | | appointed and confirmed by advice and consent, as the case may |
8 | | be.
|
9 | | (i) This Section applies only to municipalities with |
10 | | populations under 500,000.
|
11 | | (Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
|
12 | | (65 ILCS 5/3.1-10-51) |
13 | | Sec. 3.1-10-51. Vacancies in municipalities with a |
14 | | population of 500,000 or more. |
15 | | (a) A municipal officer may resign from office. A vacancy |
16 | | occurs in an office by
reason of resignation, failure to elect |
17 | | or qualify (in which case the incumbent shall remain
in office |
18 | | until the vacancy is filled), death, permanent physical or |
19 | | mental disability
rendering the person incapable of performing |
20 | | the duties of his or her office, conviction of a disqualifying |
21 | | crime, or if a third violation of Section 8-1-2.10 of this Code |
22 | | occurs, abandonment of office, removal from office, or removal |
23 | | of residence from the municipality or, in the case of an |
24 | | alderman of a ward, removal of residence from the ward. An |
25 | | admission of guilt of a criminal offense that would, upon |
|
| | 09900HB0735ham001 | - 11 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | conviction, disqualify the municipal officer from holding that |
2 | | office, in the form of a written agreement with State or |
3 | | federal prosecutors to plead guilty to a felony, bribery, |
4 | | perjury, or other infamous crime under State or federal law, |
5 | | shall constitute a resignation from that office, effective at |
6 | | the time the plea agreement is made. For purposes of this |
7 | | Section, a conviction for an offense that disqualifies the |
8 | | municipal officer from holding that office occurs on the date |
9 | | of the return of a guilty verdict or, in the case of a trial
by |
10 | | the court, the entry of a finding of guilt. |
11 | | (b) If a vacancy occurs in an elective municipal office |
12 | | with a 4-year term and
there remains an unexpired portion of |
13 | | the term of at least 28 months, and the vacancy occurs at least |
14 | | 130 days before the general municipal election next scheduled |
15 | | under the general election law, then the vacancy shall be |
16 | | filled for the remainder of the term at that
general municipal |
17 | | election. Whenever an election is held for this purpose, the |
18 | | municipal
clerk shall certify the office to be filled and the |
19 | | candidates for the office to the proper
election authorities as |
20 | | provided in the general election law. If the vacancy is in the |
21 | | office
of mayor, the city council shall elect one of their |
22 | | members acting mayor. The acting mayor shall perform the duties |
23 | | and possess all the rights and powers of the mayor until a |
24 | | successor to fill the vacancy has been elected and has |
25 | | qualified. If the
vacancy is in any other elective municipal |
26 | | office, then until the office is filled by election,
the mayor |
|
| | 09900HB0735ham001 | - 12 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | shall appoint a qualified person to the office subject to the |
2 | | advice
and consent of the city council. |
3 | | (c) If a vacancy occurs later than the time provided in |
4 | | subsection (b) in a 4-year term, a vacancy in the office of |
5 | | mayor shall be filled by the corporate authorities electing one |
6 | | of their members acting mayor. The acting mayor shall perform |
7 | | the duties and possess all the rights and powers of the mayor |
8 | | until a mayor is elected at the next general municipal election |
9 | | and has qualified. A vacancy occurring later than the time |
10 | | provided in subsection (b) in a 4-year term in any elective |
11 | | office other than mayor shall be filled by appointment by the |
12 | | mayor, with the advice and consent of the corporate |
13 | | authorities.
|
14 | | (d) A municipal officer appointed or elected under this |
15 | | Section shall hold office
until the officer's successor is |
16 | | elected and has qualified. |
17 | | (e) An appointment to fill a vacancy in the office of |
18 | | alderman shall be made within 60 days after the vacancy occurs. |
19 | | The requirement that an appointment be made
within 60 days is |
20 | | an exclusive power and function of the State and is a denial |
21 | | and
limitation under Article VII, Section 6, subsection (h) of |
22 | | the Illinois Constitution of the power of a home rule |
23 | | municipality to require that an appointment be made within a |
24 | | different period after the vacancy occurs. |
25 | | (f) This Section applies only to municipalities with a |
26 | | population of 500,000 or more.
|
|
| | 09900HB0735ham001 | - 13 - | LRB099 04550 AWJ 34183 a |
|
|
1 | | (Source: P.A. 95-646, eff. 1-1-08.)
|
2 | | (65 ILCS 5/8-1-2.10 new) |
3 | | Sec. 8-1-2.10. Use of municipal funds for advertisements. |
4 | | No advertisement may be purchased using municipal funds that |
5 | | would include the name of any person holding an elected office. |
6 | | For purposes of this Section, "advertisement" means any type of |
7 | | announcement that is purchased for promotional purposes for |
8 | | print in a book, publication, brochure, sign, or digital media |
9 | | including, but not limited to, a website, a sign, advertisement |
10 | | program, or electronic display. "Advertisement" does not |
11 | | include a community newsletter providing information |
12 | | pertaining to the community that is distributed to all |
13 | | residents and businesses within the community, a welcome sign |
14 | | posted upon entering a community, or a sign located at a |
15 | | governmental facility. |
16 | | A violation of this Section shall result in the violator |
17 | | repaying the municipal funds used for the advertisement. A |
18 | | third violation of this Section will result in the violator's |
19 | | removal from municipal office, and the office declared |
20 | | vacant. ".
|