Bill Text: IL SB3576 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning uniformity of taxes.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1091 [SB3576 Detail]

Download: Illinois-2011-SB3576-Enrolled.html

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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 3.1-10-5, 3.1-20-10, and 3.1-20-25 as
follows:
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in subsection (c) of Section 3.1-20-25, subsection (b)
of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible for an elective municipal
office if that person is in arrears in the payment of a tax or
other indebtedness due to the municipality or has been
convicted in any court located in the United States of any
infamous crime, bribery, perjury, or other felony.
(c) A person is not eligible for the office of alderman of
a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided

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in the municipality, at least one year next preceding the
election or appointment, except as provided in subsection (c)
of Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
Section 5-2-2, or Section 5-2-11.
(d) If a person (i) is a resident of a municipality
immediately prior to the active duty military service of that
person or that person's spouse, (ii) resides anywhere outside
of the municipality during that active duty military service,
and (iii) immediately upon completion of that active duty
military service is again a resident of the municipality, then
the time during which the person resides outside the
municipality during the active duty military service is deemed
to be time during which the person is a resident of the
municipality for purposes of determining the residency
requirement under subsection (a).
(Source: P.A. 95-61, eff. 8-13-07; 95-646, eff. 1-1-08; 95-876,
eff. 8-21-08.)
(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Aldermen; number.
(a) Except as otherwise provided in subsections (b) and (c)
of this Section, Section 3.1-20-20, or as otherwise provided in
the case of aldermen-at-large, the number of aldermen, when not
elected by the minority representation plan, shall be
determined using the most recent federal decennial census
results as follows:

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(1) in cities not exceeding 3,000 inhabitants, 6 aldermen;
(2) in cities exceeding 3,000 but not exceeding 15,000, 8
aldermen;
(3) in cities exceeding 15,000 but not exceeding 20,000, 10
aldermen;
(4) in cities exceeding 20,000 but not exceeding 50,000, 14
aldermen;
(5) in cities exceeding 50,000 but not exceeding 70,000, 16
aldermen;
(6) in cities exceeding 70,000 but not exceeding 90,000, 18
aldermen; and
(7) in cities exceeding from 90,000 but not exceeding to
500,000, 20 aldermen.
No redistricting shall be required in order to reduce the
number of aldermen in order to comply with this Section.
(b) Instead of the number of aldermen set forth in
subsection (a), a municipality with 15,000 or more inhabitants
may adopt, either by ordinance or by resolution, not more than
one year after the municipality's receipt of the new federal
decennial census results, the following number of aldermen: in
cities exceeding 15,000 but not exceeding 20,000, 8 aldermen;
exceeding 20,000 but not exceeding 50,000, 10 aldermen;
exceeding 50,000 but not exceeding 70,000, 14 aldermen;
exceeding 70,000 but not exceeding 90,000, 16 aldermen; and
exceeding 90,000 but not exceeding 500,000, 18 aldermen.
(c) Instead of the number of aldermen set forth in

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subsection (a), a municipality with 40,000 or more inhabitants
may adopt, either by ordinance or by resolution, not more than
one year after the municipality's receipt of the new federal
decennial census results, the following number of aldermen: in
cities exceeding 40,000 but not exceeding 50,000, 16 aldermen.
(d) If, according to the most recent federal decennial
census results, the population of a municipality increases or
decreases under this Section, then the municipality may adopt
an ordinance or resolution to retain the number of aldermen
that existed before the most recent federal decennial census
results. The ordinance or resolution may not be adopted more
than one year after the municipality's receipt of the most
recent federal decennial census results.
(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11.)
(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
Sec. 3.1-20-25. Redistricting a city.
(a) In the formation of wards, the number of inhabitants of
the city immediately preceding the division of the city into
wards shall be as nearly equal in population, and the wards
shall be of as compact and contiguous territory, as
practicable. Wards shall be created in a manner so that, as far
as practicable, no precinct shall be divided between 2 or more
wards.
(b) Whenever an official decennial census shows that a city
contains more or fewer wards than it is entitled to, the city

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council of the city, by ordinance, shall redistrict the city
into as many wards as the city is entitled. This redistricting
shall be completed not less than 30 days before the first day
set by the general election law for the filing of candidate
petitions for the next succeeding election for city officers.
At this election there shall be elected the number of aldermen
to which the city is entitled, except as provided in subsection
(c).
(c) If it appears from any official decennial census that
it is necessary to redistrict under subsection (b) or for any
other reason a city has the requisite number of inhabitants to
authorize it to increase the number of aldermen, the city
council shall immediately proceed to redistrict the city and
shall hold the next city election in accordance with the new
redistricting. At this election the aldermen whose terms of
office are not expiring shall be considered aldermen for the
new wards respectively in which their residences are situated.
At this election, in a municipality that is not a newly
incorporated municipality, a candidate for alderman may be
elected from any ward that contains a part of the ward in which
he or she resided at least one year next preceding the election
that follows the redistricting, and, if elected, that person
may be reelected from the new ward he or she represents if he
or she resides in that ward for at least one year next
preceding reelection. If there are 2 or more aldermen with
terms of office not expiring and residing in the same ward

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under the new redistricting, the alderman who holds over for
that ward shall be determined by lot in the presence of the
city council, in the manner directed by the council, and all
other aldermen shall fill their unexpired terms as
aldermen-at-large. The aldermen-at-large, if any, shall have
the same powers and duties as all other aldermen, but upon the
expiration of their terms the offices of aldermen-at-large
shall be abolished.
(d) If the redistricting results in one or more wards in
which no aldermen reside whose terms of office have not
expired, 2 aldermen shall be elected in accordance with Section
3.1-20-35, unless the city elected only one alderman per ward
pursuant to a referendum under subsection (a) of Section
3.1-20-20.
(e) A redistricting ordinance that has decreased the number
of wards of a city because of a decrease in population of the
city shall not be effective if, not less than 60 days before
the time fixed for the next succeeding general municipal
election, an official census is officially published that shows
that the city has regained a population that entitles it to the
number of wards that it had just before the passage of the last
redistricting ordinance.
(Source: P.A. 95-646, eff. 1-1-08.)