Bill Text: IL HB1401 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Requires the corporate authorities of a municipality with a population of less than 40,000 to adopt an ordinance staggering the terms of its aldermen or trustees by July 1, 2015. Provides that the staggered terms of aldermen or trustees shall go into effect at the first election after July 1, 2015. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee [HB1401 Detail]

Download: Illinois-2015-HB1401-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1401 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
Amends the Illinois Municipal Code. Requires the corporate authorities of a municipality with a population of less than 40,000 to adopt an ordinance staggering the terms of its aldermen or trustees by July 1, 2015. Provides that the staggered terms of aldermen or trustees shall go into effect at the first election after July 1, 2015. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and
3.1-20-22 as follows:
(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
Sec. 3.1-10-65. Referendum to reduce terms.
(a) Except as otherwise provided in subsection (c), in In
any municipality of less than 500,000 inhabitants, a
proposition to reduce the terms of the elective officers of the
municipality from 4 years to 2 years may be submitted, within
the discretion of the corporate authorities, to the electors of
the municipality. The proposition shall also be submitted if a
petition requesting that action is signed by electors of the
municipality numbering not less than 10% of the total vote cast
at the last election for mayor or president of the municipality
and the petition is filed with the municipal clerk and
certified in accordance with the general election law. The
proposition shall be substantially in the following form:
Shall the term of the elective officers of (name of
municipality) be reduced from 4 years to 2 years?
(b) If a majority of the electors voting on the proposition

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vote against it, the terms of the officers shall remain 4
years. If, however, a majority of those voting on the
proposition vote in favor of it, the officers elected at the
next regular election for officers in the municipality shall
hold their offices for a term of 2 years and until their
successors are elected and have qualified, except in the case
of trustees and aldermen. In the case of aldermen and trustees:
(i) at the first election of aldermen or trustees that occurs
in an odd numbered year following the vote to reduce the length
of terms, successors to aldermen or trustees whose terms expire
in that year shall be elected for a term of one year and until
their successors are elected and have qualified and (ii)
thereafter, one-half of the aldermen or trustees shall be
elected each year for terms of 2 years and until their
successors are elected and have qualified.
(c) On or before July 1, 2015, the corporate authorities of
each municipality with a population of less than 40,000, where
the length of the terms of aldermen or trustees are 2 years,
shall adopt an ordinance reflecting the term lengths and
election cycles set forth as follows: on the date of the next
election of aldermen and trustees that occurs after July 1,
2015, one alderman shall be elected from each even-numbered
ward for a term of 2 years and one alderman shall be elected
from each odd-numbered ward for a term of 4 years. Thereafter,
their successors shall be elected for terms of 4 years.
Notwithstanding the provisions of subsections (a) and (b),

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on and after the effective date of this amendatory Act of the
99th General Assembly, no municipality with a population of
less than 40,000 may reduce the length of terms of the aldermen
or trustees of the municipality from 4 years to 2 terms by
referendum or otherwise.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
Sec. 3.1-10-75. Referendum to lengthen terms.
(a) Except as otherwise provided in subsection (c), in In
any municipality of less than 500,000 inhabitants that, under
Section 3.1-10-65, has voted to shorten the terms of elective
officers, a proposition to lengthen the terms of the elective
officers of the municipality from 2 years to 4 years may be
submitted, within the discretion of the corporate authorities,
to the electors of the municipality. The proposition shall be
certified by the municipal clerk to the appropriate election
authorities, who shall submit the proposition at an election in
accordance with the general election law. The proposition shall
also be submitted at an election if a petition requesting that
action is signed by electors of the municipality numbering not
less than 10% of the total vote cast at the last election for
mayor or president of the municipality and the petition is
filed with the municipal clerk. The proposition shall be
substantially in the following form:
Shall the term of the elective officers of (name of

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municipality) be lengthened from 2 years to 4 years?
(b) If a majority of the electors voting on the proposition
vote against it, the terms of the officers shall remain 2
years. If, however, a majority of those voting on the
proposition vote in favor of it, the officers elected at the
next regular election for officers in the municipality shall
hold their offices for a term of 4 years and until their
successors are elected and have qualified, except in the case
of trustees and aldermen. In the case of aldermen and trustees:
(i) if the first election for aldermen or trustees, after
approval of the proposition, occurs in an even numbered year,
the aldermen or trustees elected in that even numbered year
shall serve for terms of 3 years and until their successors are
elected and have qualified, the terms for successors to those
elected at the first even numbered year election shall be 4
years and until successors are elected and have qualified, the
aldermen or trustees elected at the first odd numbered year
election next following the first even numbered year election
shall serve for terms of 4 years and until successors are
elected and have qualified, and successors elected after the
first odd numbered year shall also serve 4 year terms and until
their successors are elected and have qualified and (ii) if the
first election for aldermen or trustees, after approval of the
proposition, occurs in an odd numbered year, the aldermen or
trustees elected in that odd numbered year shall serve for
terms of 4 years and until their successors are elected and

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have qualified, the terms for successors to those elected at
the first odd numbered year election shall be for 4 years and
until successors are elected and have qualified, the aldermen
or trustees elected at the first even numbered year election
next following the first odd numbered year election shall serve
for terms of one year and until their successors are elected
and have qualified, and the terms for successors to those
elected at the first odd numbered year election shall be 4
years and until their successors are elected and have
qualified.
(c) Notwithstanding the provisions of subsections (a) and
(b), on or before July 1, 2015 the corporate authorities of a
municipality with a population of less than 40,000 shall adopt
an ordinance reflecting the term lengths and election cycles
set forth as follows: beginning with the first election after
July 1, 2015, one alderman shall be elected from each
even-numbered ward for a term of 2 years and one alderman shall
be elected from each odd-numbered ward for a term of 4 years.
Thereafter, their successors shall be elected for terms of 4
years.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
Sec. 3.1-15-40. Staggered elections under minority plans.
In municipalities with a population of less than 40,000, the
corporate authorities shall, by July 1, 2015, provide by

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ordinance that that at any ensuing general municipal election
for city officers the aldermen in every alternate district
shall be elected for one term of 2 years and, at the expiration
of that term of 2 years, for regular terms of 4 years. In all
other cities that adopt or have adopted the minority
representation plan for the election of aldermen and have not
already staggered the terms of their aldermen, the city council
may provide by ordinance that at any ensuing general municipal
election for city officers the aldermen in every alternate
district shall be elected for one term of 2 years and, at the
expiration of that term of 2 years, for regular terms of 4
years. This Section does not prohibit a city from voting in
favor of a 2 year term for city officers as provided in Section
3.1-10-65. The provisions of the general election law shall
govern elections under this Section.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Aldermen; staggered terms.
(a) Except as otherwise provided in subsection (b), in In
any city of less than 100,000 inhabitants, a proposition to
stagger the terms of aldermen, with as nearly as possible
one-half of the aldermen elected every 2 years, shall be
certified by the city clerk to the proper election authority,
who shall submit the proposition at an election in accordance
with the general election law, if a petition requesting that

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action is signed by electors of the city numbering at least 10%
of the total vote cast at the last election for mayor of the
city and is filed with the city clerk.
The ballot shall have printed on it, but not as a part of
the proposition submitted, the following information for
voters: one alderman elected from each even-numbered ward shall
serve a term of 2 years; one alderman elected from each
odd-numbered ward shall serve a term of 4 years.
The proposition shall be substantially in the following
form:
Shall (name of city) adopt a system of staggered terms
for aldermen?
If a majority of those voting on the proposition vote in
favor of it, then at the next regular election for aldermen one
alderman shall be elected from each even-numbered ward for a
term of 2 years and one alderman shall be elected from each
odd-numbered ward for a term of 4 years. Thereafter, their
successors shall be elected for terms of 4 years.
(b) In any municipality with a population of less than
40,000, the corporate authorities of the municipality shall
adopt an ordinance reflecting the term lengths of aldermen and
election cycles set forth as follows: beginning with the first
election after July 1, 2015, one alderman shall be elected from
each even-numbered ward for a term of 2 years and one alderman
shall be elected from each odd-numbered ward for a term of 4
years. Thereafter, their successors shall be elected for terms

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of 4 years.
(Source: P.A. 87-1119.)