Bill Text: IL HB3994 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Election Code. Provides that in distribution of the remaining funds received under the federal Help America Vote Act, the State Board of Elections may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots. Allows election authorities to establish curb-side voting for individuals to cast a ballot during early voting or on election day. Provides that an election authority's curb-side voting program shall designate at least 2 election judges from opposite parties per vehicle and the individual must have the option to mark the ballot without interference from the election judges. Requires election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Allows election authorities to establish secure collection sites for postage-free return of vote by mail ballots. Provides for the collection and processing of vote by mail ballots submitted to collection sites. Provides that the State Board of Elections shall establish additional guidelines for the security of collection sites. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2021-01-12 - Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000 [HB3994 Detail]

Download: Illinois-2019-HB3994-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 2A-1.2, 2A-26, 2A-28, 7-4, 7-10, 10-3, and 23-6.1 as
follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections - offices
designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;

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(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Water Reclamation
Sanitary District of Greater Chicago, and elected Trustee
of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions

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shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential election
is to be held, candidates in the Presidential preference
primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois Municipal
Code or pursuant to the municipal charter, the offices of
such municipal officers shall be filled at an election held
on the date of the general primary election, provided that
the municipal election shall be a nonpartisan election
where required by the Illinois Municipal Code. For partisan
municipal elections in even-numbered years, a primary to
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire in
the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderperson

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alderman or other municipal office are not permitted by law
to be candidates of political parties, the runoff election
where required by law, or the nonpartisan election where
required by law, shall be held on the date of the
consolidated election; and provided further, in the case of
municipal officers provided for by an ordinance providing
the form of government of the municipality pursuant to
Section 7 of Article VII of the Constitution, such offices
shall be filled by election or by runoff election as may be
provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox

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River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve District
Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members of
boards of school inspectors, except school boards in school
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and

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except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and
alderpersons aldermen shall be elected in municipalities in
which candidates for mayor, clerk, treasurer, or alderperson
alderman are not permitted by law to be candidates of political
parties, subject to runoff elections to be held at the
consolidated election as may be required by law, and municipal
officers shall be nominated in a nonpartisan election in
municipalities in which pursuant to law candidates for such
office are not permitted to be candidates of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law or
by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers are
to be elected, the initial officers shall be elected at the

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election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
(10 ILCS 5/2A-26) (from Ch. 46, par. 2A-26)
Sec. 2A-26. Chicago Alderpersons Aldermen. Alderpersons
Aldermen of the City of Chicago shall be elected at the
consolidated primary election in 1979 and at the consolidated
primary election every 4 years thereafter. The runoff election
where necessary, pursuant to law, for Chicago alderpersons
aldermen shall be held at the consolidated election in 1979,
and every 4 years thereafter.

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(Source: P.A. 80-936.)
(10 ILCS 5/2A-28) (from Ch. 46, par. 2A-28)
Sec. 2A-28. Cities Generally - Alderpersons Aldermen - Time
of Election. An alderperson alderman of a city other than the
City of Chicago shall be elected at the consolidated or general
primary election in each year to succeed each incumbent
alderperson alderman whose term ends before the following
consolidated or general election.
(Source: P.A. 81-1433.)
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
Sec. 7-4. The following words and phrases in this Article 7
shall, unless the same be inconsistent with the context, be
construed as follows:
1. The word "primary" the primary elections provided for in
this Article, which are the general primary, the consolidated
primary, and for those municipalities which have annual
partisan elections for any officer, the municipal primary held
6 weeks prior to the general primary election date in even
numbered years.
2. The definition of terms in Section 1-3 of this Act shall
apply to this Article.
3. The word "precinct" a voting district heretofore or
hereafter established by law within which all qualified
electors vote at one polling place.

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4. The words "state office" or "state officer", an office
to be filled, or an officer to be voted for, by qualified
electors of the entire state, including United States Senator
and Congressperson Congressman at large.
5. The words "congressional office" or "congressional
officer", representatives in Congress.
6. The words "county office" or "county officer," include
an office to be filled or an officer to be voted for, by the
qualified electors of the entire county. "County office" or
"county officer" also include the assessor and board of appeals
and county commissioners and president of county board of Cook
County, and county board members and the chair of the county
board in counties subject to "An Act relating to the
composition and election of county boards in certain counties",
enacted by the 76th General Assembly.
7. The words "city office" and "village office," and
"incorporated town office" or "city officer" and "village
officer", and "incorporated town officer" an office to be
filled or an officer to be voted for by the qualified electors
of the entire municipality, including alderpersons aldermen.
8. The words "town office" or "town officer", an office to
be filled or an officer to be voted for by the qualified
electors of an entire town.
9. The words "town" and "incorporated town" shall
respectively be defined as in Section 1-3 of this Act.
10. The words "delegates and alternate delegates to

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National nominating conventions" include all delegates and
alternate delegates to National nominating conventions whether
they be elected from the state at large or from congressional
districts or selected by State convention unless contrary and
non-inclusive language specifically limits the term to one
class.
11. "Judicial office" means a post held by a judge of the
Supreme, Appellate or Circuit Court.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeperson, or
township committeeperson, or precinct committeeperson, or ward
committeeperson or candidate for delegate or alternate
delegate to national nominating conventions, shall be printed
upon the primary ballot unless a petition for nomination has
been filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party, in
the .... of ...., in the county of .... and State of Illinois,
do hereby petition that the following named person or persons
shall be a candidate or candidates of the .... party for the
nomination for (or in case of committeepersons for election to)
the office or offices hereinafter specified, to be voted for at

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the primary election to be held on (insert date).
Name Office Address
John Jones Governor Belvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size

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and shall contain above the space for signatures an appropriate
heading giving the information as to name of candidate or
candidates, in whose behalf such petition is signed; the
office, the political party represented and place of residence;
and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary electors
residing in the political division for which the nomination is
sought in their own proper persons only and opposite the
signature of each signer, his residence address shall be
written or printed. The residence address required to be
written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of
the signer, as the case may be, as well as the signer's county,
and city, village or town, and state. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the electors
signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in
writing the residence address, including street number, if any.
At the bottom of each sheet of such petition shall be added a
circulator statement signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; and certifying
that the signatures on that sheet of the petition were signed
in his or her presence and certifying that the signatures are

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genuine; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last
dates on which the sheet was circulated, or (3) certifying that
none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition and
certifying that to the best of his or her knowledge and belief
the persons so signing were at the time of signing the
petitions qualified voters of the political party for which a
nomination is sought. Such statement shall be sworn to before
some officer authorized to administer oaths in this State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the filing
of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.

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The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections
shall be the original sheets which have been signed by the
voters and by the circulator thereof, and not photocopies or
duplicates of such sheets. Each petition must include as a part
thereof, a statement of candidacy for each of the candidates
filing, or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the
office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates and is qualified for the office specified
(in the case of a candidate for State's Attorney it shall state
that the candidate is at the time of filing such statement a
licensed attorney-at-law of this State), shall state that he
has filed (or will file before the close of the petition filing
period) a statement of economic interests as required by the
Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot, and shall
be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State
and shall be in substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican

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Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeperson and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeepersons and delegates and alternate delegates)
such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).

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Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. If a candidate seeks to run for statewide office or
as a delegate or alternate delegate to a national nominating
convention elected from the State at-large, then the
candidate's petition for nomination must contain at least 5,000
but not more than 10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. If a candidate seeks to run for
United States Congress or as a congressional delegate or
alternate congressional delegate to a national nominating
convention elected from a congressional district, then the

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candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in his or her congressional
district. In the first primary election following a
redistricting of congressional districts, a candidate's
petition for nomination must contain at least 600 signatures of
qualified primary electors of the candidate's political party
in his or her congressional district.
(c) County office. If a candidate seeks to run for any
countywide office, including but not limited to county board
chairperson or county board member, elected on an at-large
basis, in a county other than Cook County, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified electors of his or
her party who cast votes at the last preceding general election
in his or her county. If a candidate seeks to run for county
board member elected from a county board district, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in the county board district. In
the first primary election following a redistricting of county
board districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by

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the total number of county board districts comprising the
county board; provided that in no event shall the number of
signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) If a candidate seeks to run for Cook County Board
of Review Commissioner, which is elected from a district
pursuant to subsection (c) of Section 5-5 of the Property

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Tax Code, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of
the total number of registered voters in his or her board
of review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the number
of signatures required be greater than the requisite number
for a candidate who seeks countywide office in Cook County
under subsection (d)(1) of this Section. In the first
primary election following a redistricting of Cook County
Board of Review districts, a candidate's petition for
nomination must contain at least 4,000 signatures or at
least the number of signatures required for a countywide
candidate in Cook County, whichever is less, of the
qualified electors of his or her party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderperson alderman of a
municipality, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the qualified primary electors of his or her party of the ward.
In the first primary election following redistricting of
aldermanic wards or trustee districts of a municipality or the

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initial establishment of wards or districts, a candidate's
petition for nomination must contain the number of signatures
equal to at least 0.5% of the total number of votes cast for
the candidate of that political party who received the highest
number of votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to be
elected from the entire municipality, divided by the number of
wards or districts. In no event shall the number of signatures
be less than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures of
the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. If a candidate seeks to run
for trustee of a sanitary district in which trustees are not
elected from wards, then the candidate's petition for
nomination must contain at least the number of signatures equal
to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee of a
sanitary district in which trustees are elected from wards,
then the candidate's petition for nomination must contain at
least the number of signatures equal to 0.5% of the primary
electors of his or her party in the ward of that sanitary
district. In the first primary election following
redistricting of sanitary districts elected from wards, a

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candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward
of that sanitary district.
(h) Judicial office. If a candidate seeks to run for
judicial office in a district, then the candidate's petition
for nomination must contain the number of signatures equal to
0.4% of the number of votes cast in that district for the
candidate for his or her political party for the office of
Governor at the last general election at which a Governor was
elected, but in no event less than 500 signatures. If a
candidate seeks to run for judicial office in a circuit or
subcircuit, then the candidate's petition for nomination must
contain the number of signatures equal to 0.25% of the number
of votes cast for the judicial candidate of his or her
political party who received the highest number of votes at the
last general election at which a judicial officer from the same
circuit or subcircuit was regularly scheduled to be elected,
but in no event less than 1,000 signatures in circuits and
subcircuits located in the First Judicial District or 500
signatures in every other Judicial District.
(i) Precinct, ward, and township committeeperson. If a
candidate seeks to run for precinct committeeperson, then the
candidate's petition for nomination must contain at least 10
signatures of the primary electors of his or her party for the
precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no

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less than the number of signatures equal to 10% of the primary
electors of his or her party of the ward, but no more than 16%
of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever is
greater. If a candidate seeks to run for township
committeeperson, then the candidate's petition for nomination
must contain no less than the number of signatures equal to 5%
of the primary electors of his or her party of the township,
but no more than 8% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum
number, whichever is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary electors
shall be determined by taking the total vote cast, in the

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applicable district, for the candidate for that political party
who received the highest number of votes, statewide, at the
last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that ward
or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section of this amendatory Act of
the 93rd General Assembly are declarative of existing law,
except for item (3) of subsection (d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of

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Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not
candidates of any political party), for any office to be filled
by the voters of the State at large may also be made by
nomination papers signed in the aggregate for each candidate by
1% of the number of voters who voted in the next preceding
Statewide general election or 25,000 qualified voters of the
State, whichever is less. Nominations of independent
candidates for public office within any district or political
subdivision less than the State, may be made by nomination
papers signed in the aggregate for each candidate by qualified
voters of such district, or political subdivision, equaling not
less than 5%, nor more than 8% (or 50 more than the minimum,
whichever is greater) of the number of persons, who voted at
the next preceding regular election in such district or
political subdivision in which such district or political
subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the
minimum signature requirement for an independent candidate
petition for a district or political subdivision office shall
exceed the minimum number of signatures for an independent
candidate petition for an office to be filled by the voters of

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the State at large at the next preceding State-wide general
election, such State-wide petition signature requirement shall
be the minimum for an independent candidate petition for such
district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for
congressperson congressman shall be signed by at least 5,000
qualified voters of the congressional district. For the first
election following a redistricting of legislative districts,
nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at least
3,000 qualified voters of the legislative district. For the
first election following a redistricting of representative
districts, nomination papers for an independent candidate for
State Representative in the General Assembly shall be signed by
at least 1,500 qualified voters of the representative district.
For the first election following redistricting of county board
districts, or of municipal wards or districts, or for the first
election following the initial establishment of such districts
or wards in a county or municipality, nomination papers for an
independent candidate for county board member, or for
alderperson alderman or trustee of such municipality, shall be
signed by qualified voters of the district or ward equal to not
less than 5% nor more than 8% (or 50 more than the minimum,
whichever is greater) of the total number of votes cast at the
preceding general or general municipal election, as the case

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may be, for the county or municipal office voted on throughout
such county or municipality for which the greatest total number
of votes were cast for all candidates, divided by the number of
districts or wards, but in any event not less than 25 qualified
voters of the district or ward. Each voter signing a nomination
paper shall add to his signature his place of residence, and
each voter may subscribe to one nomination for such office to
be filled, and no more: Provided that the name of any candidate
whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(3) the persons striking signatures from the petition
shall each sign an additional certificate specifying the
number of certification pages listing stricken signatures
which are attached to the petition and the page numbers
indicated on such certifications. The certificate shall be
filed as a part of the petition, shall be numbered, and
shall be attached immediately following the last page of

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voters' signatures and before the certifications of
stricken signatures.
(4) all of the foregoing requirements shall be
necessary to effect a valid striking of any signature. The
provisions of this Section authorizing the striking of
signatures shall not impose any criminal liability on any
person so authorized for signatures which may be
fraudulent.
In the case of the offices of Governor and Lieutenant
Governor a joint petition including one candidate for each of
those offices must be filed.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to be placed on the ballot as an independent
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as an
independent candidate.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)

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Sec. 23-6.1. Whenever an election contest for a municipal
trustee or alderperson alderman is brought involving ballots
from the same precincts which are subject to the jurisdiction
of the circuit court by virtue of the pendency of an election
contest for another office, the municipal council or board of
trustees having jurisdiction of the municipal election contest
shall have priority of access and possession of the ballots and
other election materials for the purpose of conducting a
recount or other related proceedings for a period of 30 days
following the commencement of the municipal election contest.
The election authority shall notify the court and the municipal
council or board of the pendency of all other contests relating
to the same precincts.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 10. The Illinois Pension Code is amended by
changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and
8-243.2 as follows:
(40 ILCS 5/6-230)
Sec. 6-230. Participation by an alderperson alderman or
member of city council.
(a) A person shall be a member under this Article if he or
she (1) is or was employed and receiving a salary as a fireman
under item (a) of Section 6-106, (2) has at least 5 years of
service under this Article, (3) is employed in a position

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covered under Section 8-243, (4) made an election under Article
8 to not receive service credit or be a participant under that
Article, and (5) made an election to participate under this
Article.
(b) For the purposes of determining employee and employer
contributions under this Article, the employee and employer
shall be responsible for any and all contributions otherwise
required if the person was employed and receiving salary as a
fireman under item (a) of Section 6-106.
(Source: P.A. 100-1144, eff. 11-28-18.)
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
Sec. 7-109. Employee.
(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the performance
of personal services or official duties out of the general
fund of a municipality, or out of any special fund or funds
controlled by a municipality, or by an instrumentality
thereof, or a participating instrumentality, including, in
counties, the fees or earnings of any county fee office;
and
2. Under the usual common law rules applicable in
determining the employer-employee relationship, has the
status of an employee with a municipality, or any
instrumentality thereof, or a participating
instrumentality, including alderpersons aldermen, county

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supervisors and other persons (excepting those employed as
independent contractors) who are paid compensation, fees,
allowances or other emolument for official duties, and, in
counties, the several county fee offices.
(b) Serves as a township treasurer appointed under the
School Code, as heretofore or hereafter amended, and who
receives for such services regular compensation as
distinguished from per diem compensation, and any regular
employee in the office of any township treasurer whether or
not his earnings are paid from the income of the permanent
township fund or from funds subject to distribution to the
several school districts and parts of school districts as
provided in the School Code, or from both such sources; or
is the chief executive officer, chief educational officer,
chief fiscal officer, or other employee of a Financial
Oversight Panel established pursuant to Article 1H of the
School Code, other than a superintendent or certified
school business official, except that such person shall not
be treated as an employee under this Section if that person
has negotiated with the Financial Oversight Panel, in
conjunction with the school district, a contractual
agreement for exclusion from this Section.
(c) Holds an elective office in a municipality,
instrumentality thereof or participating instrumentality.
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the

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following laws:
1. "An Act in relation to an Illinois State
Teachers' Pension and Retirement Fund", approved May
27, 1915, as amended;
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees to
the extent of earnings that are not eligible for inclusion
under the foregoing laws for services not of an
instructional nature of any kind.
However, any member of the armed forces who is employed
as a teacher of subjects in the Reserve Officers Training
Corps of any school and who is not certified under the law
governing the certification of teachers shall be included
as an employee.
(b) Are designated by the governing body of a
municipality in which a pension fund is required by law to
be established for policemen or firemen, respectively, as
performing police or fire protection duties, except that
when such persons are the heads of the police or fire
department and are not eligible to be included within any
such pension fund, they shall be included within this
Article; provided, that such persons shall not be excluded
to the extent of concurrent service and earnings not
designated as being for police or fire protection duties.
However, (i) any head of a police department who was a
participant under this Article immediately before October

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1, 1977 and did not elect, under Section 3-109 of this Act,
to participate in a police pension fund shall be an
"employee", and (ii) any chief of police who became a
participating employee under this Article before January
1, 2019 and who elects to participate in this Fund under
Section 3-109.1 of this Code, regardless of whether such
person continues to be employed as chief of police or is
employed in some other rank or capacity within the police
department, shall be an employee under this Article for so
long as such person is employed to perform police duties by
a participating municipality and has not lawfully
rescinded that election.
(b-5) Were not participating employees under this
Article before the effective date of this amendatory Act of
the 100th General Assembly and participated as a chief of
police in a fund under Article 3 and return to work in any
capacity with the police department, with any oversight of
the police department, or in an advisory capacity for the
police department with the same municipality with which
that pension was earned, regardless of whether they are
considered an employee of the police department or are
eligible for inclusion in the municipality's Article 3
fund.
(c) Are contributors to or eligible to contribute to a
Taft-Hartley pension plan to which the participating
municipality is required to contribute as the person's

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employer based on earnings from the municipality. Nothing
in this paragraph shall affect service credit or creditable
service for any period of service prior to the effective
date of this amendatory Act of the 98th General Assembly,
and this paragraph shall not apply to individuals who are
participating in the Fund prior to the effective date of
this amendatory Act of the 98th General Assembly.
(d) Become an employee of any of the following
participating instrumentalities on or after the effective
date of this amendatory Act of the 99th General Assembly:
the Illinois Municipal League; the Illinois Association of
Park Districts; the Illinois Supervisors, County
Commissioners and Superintendents of Highways Association;
an association, or not-for-profit corporation, membership
in which is authorized under Section 85-15 of the Township
Code; the United Counties Council; or the Will County
Governmental League.
(3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee

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relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason
of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date
of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
100-1097, eff. 8-26-18.)
(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
Sec. 8-113. Municipal employee, employee, contributor, or
participant. "Municipal employee", "employee", "contributor",
or "participant":
(a) Any employee of an employer employed in the classified
civil service thereof other than by temporary appointment or in
a position excluded or exempt from the classified service by
the Civil Service Act, or in the case of a city operating under
a personnel ordinance, any employee of an employer employed in
the classified or career service under the provisions of a
personnel ordinance, other than in a provisional or exempt
position as specified in such ordinance or in rules and
regulations formulated thereunder.

HB3994 Engrossed - 35 - LRB101 15674 RJF 65023 b
(b) Any employee in the service of an employer before the
Civil Service Act came in effect for the employer.
(c) Any person employed by the board.
(d) Any person employed after December 31, 1949, but prior
to January 1, 1984, in the service of the employer by temporary
appointment or in a position exempt from the classified service
as set forth in the Civil Service Act, or in a provisional or
exempt position as specified in the personnel ordinance, who
meets the following qualifications:
(1) has rendered service during not less than 12
calendar months to an employer as an employee, officer, or
official, 4 months of which must have been consecutive full
normal working months of service rendered immediately
prior to filing application to be included; and
(2) files written application with the board, while in
the service, to be included hereunder.
(e) After December 31, 1949, any alderperson alderman or
other officer or official of the employer, who files, while in
office, written application with the board to be included
hereunder.
(f) Beginning January 1, 1984, any person employed by an
employer other than the Chicago Housing Authority or the Public
Building Commission of the city, whether or not such person is
serving by temporary appointment or in a position exempt from
the classified service as set forth in the Civil Service Act,
or in a provisional or exempt position as specified in the

HB3994 Engrossed - 36 - LRB101 15674 RJF 65023 b
personnel ordinance, provided that such person is neither (1)
an alderperson alderman or other officer or official of the
employer, nor (2) participating, on the basis of such
employment, in any other pension fund or retirement system
established under this Act.
(g) After December 31, 1959, any person employed in the law
department of the city, or municipal court or Board of Election
Commissioners of the city, who was a contributor and
participant, on December 31, 1959, in the annuity and benefit
fund in operation in the city on said date, by virtue of the
Court and Law Department Employees' Annuity Act or the Board of
Election Commissioners Employees' Annuity Act.
After December 31, 1959, the foregoing definition includes
any other person employed or to be employed in the law
department, or municipal court (other than as a judge), or
Board of Election Commissioners (if his salary is provided by
appropriation of the city council of the city and his salary
paid by the city) -- subject, however, in the case of such
persons not participants on December 31, 1959, to compliance
with the same qualifications and restrictions otherwise set
forth in this Section and made generally applicable to
employees or officers of the city concerning eligibility for
participation or membership.
Notwithstanding any other provision in this Section, any
person who first becomes employed in the law department of the
city on or after the effective date of this amendatory Act of

HB3994 Engrossed - 37 - LRB101 15674 RJF 65023 b
the 100th General Assembly shall be included within the
foregoing definition, effective upon the date the person first
becomes so employed, regardless of the nature of the
appointment the person holds under the provisions of a
personnel ordinance.
(h) After December 31, 1965, any person employed in the
public library of the city -- and any other person -- who was a
contributor and participant, on December 31, 1965, in the
pension fund in operation in the city on said date, by virtue
of the Public Library Employees' Pension Act.
(i) After December 31, 1968, any person employed in the
house of correction of the city, who was a contributor and
participant, on December 31, 1968, in the pension fund in
operation in the city on said date, by virtue of the House of
Correction Employees' Pension Act.
(j) Any person employed full-time on or after the effective
date of this amendatory Act of the 92nd General Assembly by the
Chicago Housing Authority who has elected to participate in
this Fund as provided in subsection (a) of Section 8-230.9.
(k) Any person employed full-time by the Public Building
Commission of the city who has elected to participate in this
Fund as provided in subsection (d) of Section 8-230.7.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/8-232) (from Ch. 108 1/2, par. 8-232)
Sec. 8-232. Basis of service credit.

HB3994 Engrossed - 38 - LRB101 15674 RJF 65023 b
(a) In computing the period of service of any employee for
the minimum annuity under Section 8-138, the following
provisions shall govern:
(1) All periods prior to the effective date shall be
computed in accordance with the provisions of Section
8-226, except for a re-entrant or future entrant who was
not in service on the day before the effective date.
(2) Service subsequent to the day before the effective
date, shall include: the actual period of time the employee
performs the duties of his position and makes required
contributions or performs such duties and is given a city
contribution for age and service annuity purposes; leaves
of absence from duty, or vacation, for which an employee
receives all or part of his salary; periods included under
item (c) of Section 8-226; periods during which the
employee is temporarily assigned to another position in the
service and permitted to make contributions to the fund;
periods during which the employee has had contributions for
annuity purposes made for him in accordance with law while
on military leave of absence during World War II; periods
during which the employee receives disability benefit
under this Article, or a temporary total disability benefit
under the Workers' Compensation Act if the disability
results from a condition commonly termed heart attack or
stroke or any other condition falling within the broad
field of coronary involvement or heart disease;

HB3994 Engrossed - 39 - LRB101 15674 RJF 65023 b
(3) Service during 6 or more months in any year shall
constitute a year of service, and service of less than 6
months but at least 1 month in any year shall constitute a
half year of service. However the right to have certain
periods of time considered as service as stated in
paragraph 2 of Section 8-168 or in Section 8-243 relating
to service as Alderperson Alderman shall not apply for
minimum annuity purposes under Section 8-138 of this
Article.
(b) For all other purposes of this Article, the following
schedule shall govern the computation of service of an employee
whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined
according to said schedule:
Annual or Monthly basis: Service during 4 months in any 1
calendar year shall constitute a year of service.
Weekly basis: Service during any week shall constitute a
week of service and service during any 17 weeks in any 1
calendar year shall constitute a year of service.
Daily basis: Service during any day shall constitute a day
of service and service during 100 days in any 1 calendar year
shall constitute a year of service.
Hourly basis: Service during any hour shall constitute an
hour of service and service during 700 hours in any 1 calendar
year shall constitute a year of service.
(Source: P.A. 85-964; 86-1488.)

HB3994 Engrossed - 40 - LRB101 15674 RJF 65023 b
(40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243)
Sec. 8-243. Service as alderperson alderman or member of
city council. Whenever any person has served or hereafter
serves as a duly elected alderperson alderman or member of the
city council of any city of more than 500,000 inhabitants and
is or hereafter becomes a contributing participant in any
pension fund or any annuity and benefit fund in existence in
such city by operation of law, the period of service as such
alderperson alderman or member of the city council shall be
counted as a period of service in computing any annuity or
pension which such person may become entitled to receive from
such fund upon separation from the service, except as ruled out
for minimum annuity purposes in Section 8-232(a)(3).
(Source: Laws 1963, p. 161.)
(40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
Sec. 8-243.2. Alternative annuity for city officers.
(a) For the purposes of this Section and Sections 8-243.1
and 8-243.3, "city officer" means the city clerk, the city
treasurer, or an alderperson alderman of the city elected by
vote of the people, while serving in that capacity or as
provided in subsection (f), who has elected to participate in
the Fund.
(b) Any elected city officer, while serving in that
capacity or as provided in subsection (f), may elect to

HB3994 Engrossed - 41 - LRB101 15674 RJF 65023 b
establish alternative credits for an alternative annuity by
electing in writing to make additional optional contributions
in accordance with this Section and the procedures established
by the board. Such elected city officer may discontinue making
the additional optional contributions by notifying the Fund in
writing in accordance with this Section and procedures
established by the board.
Additional optional contributions for the alternative
annuity shall be as follows:
(1) For service after the option is elected, an
additional contribution of 3% of salary shall be
contributed to the Fund on the same basis and under the
same conditions as contributions required under Sections
8-174 and 8-182.
(2) For service before the option is elected, an
additional contribution of 3% of the salary for the
applicable period of service, plus interest at the
effective rate from the date of service to the date of
payment. All payments for past service must be paid in full
before credit is given. No additional optional
contributions may be made for any period of service for
which credit has been previously forfeited by acceptance of
a refund, unless the refund is repaid in full with interest
at the effective rate from the date of refund to the date
of repayment.
(c) In lieu of the retirement annuity otherwise payable

HB3994 Engrossed - 42 - LRB101 15674 RJF 65023 b
under this Article, any city officer elected by vote of the
people who (1) has elected to participate in the Fund and make
additional optional contributions in accordance with this
Section, and (2) has attained age 55 with at least 10 years of
service credit, or has attained age 60 with at least 8 years of
service credit, may elect to have his retirement annuity
computed as follows: 3% of the participant's salary at the time
of termination of service for each of the first 8 years of
service credit, plus 4% of such salary for each of the next 4
years of service credit, plus 5% of such salary for each year
of service credit in excess of 12 years, subject to a maximum
of 80% of such salary. To the extent such elected city officer
has made additional optional contributions with respect to only
a portion of his years of service credit, his retirement
annuity will first be determined in accordance with this
Section to the extent such additional optional contributions
were made, and then in accordance with the remaining Sections
of this Article to the extent of years of service credit with
respect to which additional optional contributions were not
made.
(d) In lieu of the disability benefits otherwise payable
under this Article, any city officer elected by vote of the
people who (1) has elected to participate in the Fund, and (2)
has become permanently disabled and as a consequence is unable
to perform the duties of his office, and (3) was making
optional contributions in accordance with this Section at the

HB3994 Engrossed - 43 - LRB101 15674 RJF 65023 b
time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula in
subsection (c). For the purposes of this subsection, such
elected city officer shall be considered permanently disabled
only if: (i) disability occurs while in service as an elected
city officer and is of such a nature as to prevent him from
reasonably performing the duties of his office at the time; and
(ii) the board has received a written certification by at least
2 licensed physicians appointed by it stating that such officer
is disabled and that the disability is likely to be permanent.
(e) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Sections 8-168, 8-170 and 8-171. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions. Optional
contributions shall be accounted for in a separate Elected City
Officer Optional Contribution Reserve. Optional contributions
under this Section shall be included in the amount of employee
contributions used to compute the tax levy under Section 8-173.
(f) The effective date of this plan of optional alternative
benefits and contributions shall be July 1, 1990, or the date
upon which approval is received from the U.S. Internal Revenue
Service, whichever is later.
The plan of optional alternative benefits and
contributions shall not be available to any former city officer
or employee receiving an annuity from the Fund on the effective

HB3994 Engrossed - 44 - LRB101 15674 RJF 65023 b
date of the plan, unless he re-enters service as an elected
city officer and renders at least 3 years of additional service
after the date of re-entry. However, a person who holds office
as a city officer on June 1, 1995 may elect to participate in
the plan, to transfer credits into the Fund from other Articles
of this Code, and to make the contributions required for prior
service, until 30 days after the effective date of this
amendatory Act of the 92nd General Assembly, notwithstanding
the ending of his term of office prior to that effective date;
in the event that the person is already receiving an annuity
from this Fund or any other Article of this Code at the time of
making this election, the annuity shall be recalculated to
include any increase resulting from participation in the plan,
with such increase taking effect on the effective date of the
election.
(g) Notwithstanding any other provision in this Section or
in this Code to the contrary, any person who first becomes a
city officer, as defined in this Section, on or after the
effective date of this amendatory Act of the 100th General
Assembly, shall not be eligible for the alternative annuity or
alternative disability benefits as provided in subsections
(a), (b), (c), and (d) of this Section or for the alternative
survivor's benefits as provided in Section 8-243.3. Such person
shall not be eligible, or be required, to make any additional
contributions beyond those required of other participants
under Sections 8-137, 8-174, and 8-182. The retirement annuity,

HB3994 Engrossed - 45 - LRB101 15674 RJF 65023 b
disability benefits, and survivor's benefits for a person who
first becomes a city officer on or after the effective date of
this amendatory Act of the 100th General Assembly shall be
determined pursuant to the provisions otherwise provided in
this Article.
(Source: P.A. 100-23, eff. 7-6-17.)
Section 15. The Public Officer Prohibited Activities Act is
amended by changing Sections 1, 1.3, 2, and 4 as follows:
(50 ILCS 105/1) (from Ch. 102, par. 1)
Sec. 1. County board. No member of a county board, during
the term of office for which he or she is elected, may be
appointed to, accept, or hold any office other than (i)
chairman of the county board or member of the regional planning
commission by appointment or election of the board of which he
or she is a member, (ii) alderperson alderman of a city or
member of the board of trustees of a village or incorporated
town if the city, village, or incorporated town has fewer than
1,000 inhabitants and is located in a county having fewer than
50,000 inhabitants, or (iii) trustee of a forest preserve
district created under Section 18.5 of the Conservation
District Act, unless he or she first resigns from the office of
county board member or unless the holding of another office is
authorized by law. Any such prohibited appointment or election
is void. This Section shall not preclude a member of the county

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board from being appointed or selected to serve as (i) a member
of a County Extension Board as provided in Section 7 of the
County Cooperative Extension Law, (ii) a member of an Emergency
Telephone System Board as provided in Section 15.4 of the
Emergency Telephone System Act, (iii) a member of the board of
review as provided in Section 6-30 of the Property Tax Code, or
(iv) a public administrator or public guardian as provided in
Section 13-1 of the Probate Act of 1975. Nothing in this Act
shall be construed to prohibit an elected county official from
holding elected office in another unit of local government so
long as there is no contractual relationship between the county
and the other unit of local government. This amendatory Act of
1995 is declarative of existing law and is not a new enactment.
(Source: P.A. 100-290, eff. 8-24-17.)
(50 ILCS 105/1.3)
Sec. 1.3. Municipal board member; education office. In a
city, village, or incorporated town with fewer than 2,500
inhabitants, an alderperson alderman of the city or a member of
the board of trustees of a village or incorporated town, during
the term of office for which he or she is elected, may also
hold the office of member of the board of education, regional
board of school trustees, board of school directors, or board
of school inspectors.
(Source: P.A. 91-161, eff. 7-16-99.)

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(50 ILCS 105/2) (from Ch. 102, par. 2)
Sec. 2. No alderperson alderman of any city, or member of
the board of trustees of any village, during the term of office
for which he or she is elected, may accept, be appointed to, or
hold any office by the appointment of the mayor or president of
the board of trustees, unless the alderperson alderman or board
member is granted a leave of absence from such office, or
unless he or she first resigns from the office of alderperson
alderman or member of the board of trustees, or unless the
holding of another office is authorized by law. The alderperson
alderman or board member may, however, serve as a volunteer
fireman and receive compensation for that service. The
alderperson alderman may also serve as a commissioner of the
Beardstown Regional Flood Prevention District board. Any
appointment in violation of this Section is void. Nothing in
this Act shall be construed to prohibit an elected municipal
official from holding elected office in another unit of local
government as long as there is no contractual relationship
between the municipality and the other unit of local
government. This amendatory Act of 1995 is declarative of
existing law and is not a new enactment.
(Source: P.A. 97-309, eff. 8-11-11.)
(50 ILCS 105/4) (from Ch. 102, par. 4)
Sec. 4. Any alderperson alderman, member of a board of
trustees, supervisor or county commissioner, or other person

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holding any office, either by election or appointment under the
laws or constitution of this state, who violates any provision
of the preceding sections, is guilty of a Class 4 felony and in
addition thereto, any office or official position held by any
person so convicted shall become vacant, and shall be so
declared as part of the judgment of court. This Section does
not apply to a violation of subsection (b) of Section 2a.
(Source: P.A. 100-868, eff. 1-1-19.)
Section 20. The Counties Code is amended by changing
Section 3-14036 as follows:
(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
Sec. 3-14036. Payments of political contributions to
public officers prohibited. No officer or employee in the
classified civil service of said county, or named in Section
3-14022, shall directly or indirectly, give or hand over to any
officer or employee, or to any senator or representative or
alderperson alderman, councilman, or commissioner, any money
or other valuable thing on account of or to be applied to the
promotion of any party or political object whatever.
(Source: P.A. 86-976.)
Section 25. The Illinois Municipal Code is amended by
changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30,
3.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75,

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3.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35,
3.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22,
3.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45,
3.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10,
3.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40,
3.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2,
4-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5,
5-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1,
5-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7,
5-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5,
6-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1,
7-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30,
10-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5,
11-91-1, and 11-101-2 as follows:
(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
Sec. 1-1-2. Definitions. In this Code:
(1) "Municipal" or "municipality" means a city, village, or
incorporated town in the State of Illinois, but, unless the
context otherwise provides, "municipal" or "municipality" does
not include a township, town when used as the equivalent of a
township, incorporated town that has superseded a civil
township, county, school district, park district, sanitary
district, or any other similar governmental district. If
"municipal" or "municipality" is given a different definition
in any particular Division or Section of this Act, that

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definition shall control in that division or Section only.
(2) "Corporate authorities" means (a) the mayor and
alderpersons aldermen or similar body when the reference is to
cities, (b) the president and trustees or similar body when the
reference is to villages or incorporated towns, and (c) the
council when the reference is to municipalities under the
commission form of municipal government.
(3) "Electors" means persons qualified to vote for elective
officers at municipal elections.
(4) "Person" means any individual, partnership,
corporation, joint stock association, or the State of Illinois
or any subdivision of the State; and includes any trustee,
receiver, assignee, or personal representative of any of those
entities.
(5) Except as otherwise provided by ordinance, "fiscal
year" in all municipalities with fewer than 500,000
inhabitants, and "municipal year" in all municipalities, means
the period elapsing (a) between general municipal elections in
succeeding calendar years, or (b) if general municipal
elections are held biennially, then between a general municipal
election and the same day of the same month of the following
calendar year, and between that day and the next succeeding
general municipal election, or (c) if general municipal
elections are held quadrennially, then between a general
municipal election and the same day of the same month of the
following calendar year, and between that day and the same day

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of the same month of the next following calendar year, and
between the last mentioned day and the same day of the same
month of the next following calendar year, and between the last
mentioned day and the next succeeding general municipal
election. The fiscal year of each municipality with 500,000 or
more inhabitants shall commence on January 1.
(6) Where reference is made to a county within which a
municipality, district, area, or territory is situated, the
reference is to the county within which is situated the major
part of the area of that municipality, district, area, or
territory, in case the municipality, district, area, or
territory is situated in 2 or more counties.
(7) Where reference is made for any purpose to any other
Act, either specifically or generally, the reference shall be
to that Act and to all amendments to that Act now in force or
that may be hereafter enacted.
(8) Wherever the words "city council", "alderpersons
aldermen", "commissioners", or "mayor" occur, the provisions
containing these words shall apply to the board of trustees,
trustees, and president, respectively, of villages and
incorporated towns and councilmen in cities, so far as those
provisions are applicable to them.
(9) The terms "special charter" and "special Act" are
synonymous.
(10) "General municipal election" means the biennial
regularly scheduled election for the election of officers of

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cities, villages, and incorporated towns, as prescribed by the
general election law; in the case of municipalities that elect
officers annually, "general municipal election" means each
regularly scheduled election for the election of officers of
cities, villages, and incorporated towns.
(Source: P.A. 87-1119.)
(65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
Sec. 2-2-9. The election for city officers in any
incorporated town or village which has voted to incorporate as
a city shall be held at the time of the next regularly
scheduled election for officers, in accordance with the general
election law. The corporate authorities of such incorporated
town or village shall cause the result to be entered upon the
records of the city. Alderpersons Aldermen may be elected on a
general ticket at the election.
(Source: P.A. 81-1490.)
(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 Section 3.1-20-25, subsection (b) of Section
3.1-25-75, Section 5-2-2, or Section 5-2-11.

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(b) A person is not eligible to take the oath of office for
a municipal office if that person is, at the time required for
taking the oath of office, 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.
(b-5) (Blank).
(c) A person is not eligible for the office of alderperson
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 in the municipality, at least one year next
preceding the election or appointment, except as provided in
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).

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(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
(65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
Sec. 3.1-10-30. Bond. Before entering upon the duties of
their respective offices, all municipal officers, except
alderpersons aldermen and trustees, shall execute a bond with
security, to be approved by the corporate authorities. The bond
shall be payable to the municipality in the penal sum directed
by resolution or ordinance, conditioned upon the faithful
performance of the duties of the office and the payment of all
money received by the officer, according to law and the
ordinances of that municipality. The bond may provide that the
obligation of the sureties shall not extend to any loss
sustained by the insolvency, failure, or closing of any bank or
savings and loan association organized and operating either
under the laws of the State of Illinois or the United States in
which the officer has placed funds in the officer's custody, if
the bank or savings and loan association has been approved by
the corporate authorities as a depository for those funds. In
no case, however, shall the mayor's bond be fixed at less than
$3,000. The treasurer's bond shall be an amount of money that
is not less than 3 times the latest Federal census population
or any subsequent census figure used for Motor Fuel Tax
purposes. Bonds shall be filed with the municipal clerk, except
the bond of the clerk, which shall be filed with the municipal
treasurer.

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(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office
becomes vacant in municipality with population under 500,000.
(a) Vacancy by resignation. A resignation is not effective
unless it is in writing, signed by the person holding the
elective office, and notarized.
(1) Unconditional resignation. An unconditional
resignation by a person holding the elective office may
specify a future date, not later than 60 days after the
date the resignation is received by the officer authorized
to fill the vacancy, at which time it becomes operative,
but the resignation may not be withdrawn after it is
received by the officer authorized to fill the vacancy. The
effective date of a resignation that does not specify a
future date at which it becomes operative is the date the
resignation is received by the officer authorized to fill
the vacancy. The effective date of a resignation that has a
specified future effective date is that specified future
date or the date the resignation is received by the officer
authorized to fill the vacancy, whichever date occurs
later.
(2) Conditional resignation. A resignation that does
not become effective unless a specified event occurs can be
withdrawn at any time prior to the occurrence of the

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specified event, but if not withdrawn, the effective date
of the resignation is the date of the occurrence of the
specified event or the date the resignation is received by
the officer authorized to fill the vacancy, whichever date
occurs later.
(3) Vacancy upon the effective date. For the purpose of
determining the time period that would require an election
to fill the vacancy by resignation or the commencement of
the 60-day time period referred to in subsection (e), the
resignation of an elected officer is deemed to have created
a vacancy as of the effective date of the resignation.
(4) Duty of the clerk. If a resignation is delivered to
the clerk of the municipality, the clerk shall forward a
certified copy of the written resignation to the official
who is authorized to fill the vacancy within 7 business
days after receipt of the resignation.
(b) Vacancy by death or disability. A vacancy occurs in an
office by reason of the death of the incumbent. The date of the
death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable of
performing the duties of the office. The corporate authorities
have the authority to make the determination whether an officer
is incapable of performing the duties of the office because of
a permanent physical or mental disability. A finding of mental
disability shall not be made prior to the appointment by a

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court of a guardian ad litem for the officer or until a duly
licensed doctor certifies, in writing, that the officer is
mentally impaired to the extent that the officer is unable to
effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the
duties of the office due to permanent physical or mental
disability, that person is removed from the office and the
vacancy of the office occurs on the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in
an office by reason of abandonment of office; removal from
office; or failure to qualify; or more than temporary
removal of residence from the municipality; or in the case
of an alderperson alderman of a ward or councilman or
trustee of a district, more than temporary removal of
residence from the ward or district, as the case may be.
The corporate authorities have the authority to determine
whether a vacancy under this subsection has occurred. If
the corporate authorities determine that a vacancy exists,
the office is deemed vacant as of the date of that
determination for all purposes including the calculation
under subsections (e), (f), and (g).
(2) Guilty of a criminal offense. An admission of guilt
of a criminal offense that upon conviction would disqualify
the municipal officer from holding the office, in the form
of a written agreement with State or federal prosecutors to

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plead guilty to a felony, bribery, perjury, or other
infamous crime under State or federal law, constitutes a
resignation from that office, effective on the date the
plea agreement is made. For purposes of this Section, a
conviction for an offense that disqualifies a municipal
officer from holding that office occurs on the date of the
return of a guilty verdict or, in the case of a trial by
the court, on the entry of a finding of guilt.
(3) Election declared void. A vacancy occurs on the
date of the decision of a competent tribunal declaring the
election of the officer void.
(4) Owing a debt to the municipality. A vacancy occurs
if a municipal official fails to pay a debt to a
municipality in which the official has been elected or
appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this paragraph
(4), the municipal clerk shall deliver, by personal
service, a written notice to the municipal official
that (i) the municipal official is in arrears of a debt
to the municipality, (ii) that municipal official must
either pay or contest the debt within 30 days after
receipt of the notice or the municipal official will be
disqualified and his or her office vacated, and (iii)
if the municipal official chooses to contest the debt,
the municipal official must provide written notice to
the municipal clerk of the contesting of the debt. A

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copy of the notice, and the notice to contest, shall
also be mailed by the municipal clerk to the appointed
municipal attorney by certified mail. If the municipal
clerk is the municipal official indebted to the
municipality, the mayor or president of the
municipality shall assume the duties of the municipal
clerk required under this paragraph (4).
(B) In the event that the municipal official
chooses to contest the debt, a hearing shall be held
within 30 days of the municipal clerk's receipt of the
written notice of contest from the municipal official.
An appointed municipal hearing officer shall preside
over the hearing, and shall hear testimony and accept
evidence relevant to the existence of the debt owed by
the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the hearing
officer shall make a determination on the basis of the
evidence presented as to whether or not the municipal
official is in arrears of a debt to the municipality.
The determination shall be in writing and shall be
designated as findings, decision, and order. The
findings, decision, and order shall include: (i) the
hearing officer's findings of fact; (ii) a decision of
whether or not the municipal official is in arrears of
a debt to the municipality based upon the findings of
fact; and (iii) an order that either directs the

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municipal official to pay the debt within 30 days or be
disqualified and his or her office vacated or dismisses
the matter if a debt owed to the municipality is not
proved. A copy of the hearing officer's written
determination shall be served upon the municipal
official in open proceedings before the hearing
officer. If the municipal official does not appear for
receipt of the written determination, the written
determination shall be deemed to have been served on
the municipal official on the date when a copy of the
written determination is personally served on the
municipal official or on the date when a copy of the
written determination is deposited in the United
States mail, postage prepaid, addressed to the
municipal official at the address on record with the
municipality.
(D) A municipal official aggrieved by the
determination of a hearing officer may secure judicial
review of such determination in the circuit court of
the county in which the hearing was held. The municipal
official seeking judicial review must file a petition
with the clerk of the court and must serve a copy of
the petition upon the municipality by registered or
certified mail within 5 days after service of the
determination of the hearing officer. The petition
shall contain a brief statement of the reasons why the

HB3994 Engrossed - 61 - LRB101 15674 RJF 65023 b
determination of the hearing officer should be
reversed. The municipal official shall file proof of
service with the clerk of the court. No answer to the
petition need be filed, but the municipality shall
cause the record of proceedings before the hearing
officer to be filed with the clerk of the court on or
before the date of the hearing on the petition or as
ordered by the court. The court shall set the matter
for hearing to be held within 30 days after the filing
of the petition and shall make its decision promptly
after such hearing.
(E) If a municipal official chooses to pay the
debt, or is ordered to pay the debt after the hearing,
the municipal official must present proof of payment to
the municipal clerk that the debt was paid in full,
and, if applicable, within the required time period as
ordered by a hearing officer or circuit court judge.
(F) A municipal official will be disqualified and
his or her office vacated pursuant to this paragraph
(4) on the later of the following times if the
municipal official: (i) fails to pay or contest the
debt within 30 days of the municipal official's receipt
of the notice of the debt; (ii) fails to pay the debt
within 30 days after being served with a written
determination under subparagraph (C) ordering the
municipal official to pay the debt; or (iii) fails to

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pay the debt within 30 days after being served with a
decision pursuant to subparagraph (D) upholding a
hearing officer's determination that the municipal
officer has failed to pay a debt owed to a
municipality.
(G) For purposes of this paragraph, a "debt" shall
mean an arrearage in a definitely ascertainable and
quantifiable amount after service of written notice
thereof, in the payment of any indebtedness due to the
municipality, which has been adjudicated before a
tribunal with jurisdiction over the matter. A
municipal official is considered in arrears of a debt
to a municipality if a debt is more than 30 days
overdue from the date the debt was due.
(d) Election of an acting mayor or acting president. The
election of an acting mayor or acting president pursuant to
subsection (f) or (g) does not create a vacancy in the original
office of the person on the city council or as a trustee, as
the case may be, unless the person resigns from the original
office following election as acting mayor or acting president.
If the person resigns from the original office following
election as acting mayor or acting president, then the original
office must be filled pursuant to the terms of this Section and
the acting mayor or acting president shall exercise the powers
of the mayor or president and shall vote and have veto power in
the manner provided by law for a mayor or president. If the

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person does not resign from the original office following
election as acting mayor or acting president, then the acting
mayor or acting president shall exercise the powers of the
mayor or president but shall be entitled to vote only in the
manner provided for as the holder of the original office and
shall not have the power to veto. If the person does not resign
from the original office following election as acting mayor or
acting president, and if that person's original term of office
has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president
shall return to the original office for the remainder of the
term thereof.
(e) Appointment to fill alderperson alderman or trustee
vacancy. An appointment by the mayor or president or acting
mayor or acting president, as the case may be, of a qualified
person as described in Section 3.1-10-5 of this Code to fill a
vacancy in the office of alderperson alderman or trustee must
be made within 60 days after the vacancy occurs. Once the
appointment of the qualified person has been forwarded to the
corporate authorities, the corporate authorities shall act
upon the appointment within 30 days. If the appointment fails
to receive the advice and consent of the corporate authorities
within 30 days, the mayor or president or acting mayor or
acting president shall appoint and forward to the corporate
authorities a second qualified person as described in Section
3.1-10-5. Once the appointment of the second qualified person

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has been forwarded to the corporate authorities, the corporate
authorities shall act upon the appointment within 30 days. If
the appointment of the second qualified person also fails to
receive the advice and consent of the corporate authorities,
then the mayor or president or acting mayor or acting
president, without the advice and consent of the corporate
authorities, may make a temporary appointment from those
persons who were appointed but whose appointments failed to
receive the advice and consent of the corporate authorities.
The person receiving the temporary appointment shall serve
until an appointment has received the advice and consent and
the appointee has qualified or until a person has been elected
and has qualified, whichever first occurs.
(f) Election to fill vacancies in municipal offices with
4-year terms. If a vacancy occurs in an elective municipal
office with a 4-year term and there remains an unexpired
portion of the term of at least 28 months, and the vacancy
occurs at least 130 days before the general municipal election
next scheduled under the general election law, then the vacancy
shall be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper election
authorities as provided in the general election law. If a
vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the

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general municipal election, then:
(1) Mayor or president. If the vacancy is in the office
of mayor or president, the vacancy must be filled by the
corporate authorities electing one of their members as
acting mayor or acting president. Except as set forth in
subsection (d), the acting mayor or acting president shall
perform the duties and possess all the rights and powers of
the mayor or president until a mayor or president is
elected at the next general municipal election and has
qualified. However, in villages with a population of less
than 5,000, if each of the trustees either declines the
election as acting president or is not elected by a
majority vote of the trustees presently holding office,
then the trustees may elect, as acting president, any other
village resident who is qualified to hold municipal office,
and the acting president shall exercise the powers of the
president and shall vote and have veto power in the manner
provided by law for a president.
(2) Alderperson Alderman or trustee. If the vacancy is
in the office of alderperson alderman or trustee, the
vacancy must be filled by the mayor or president or acting
mayor or acting president, as the case may be, in
accordance with subsection (e).
(3) Other elective office. If the vacancy is in any
elective municipal office other than mayor or president or
alderperson alderman or trustee, the mayor or president or

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acting mayor or acting president, as the case may be, must
appoint a qualified person to hold the office until the
office is filled by election, subject to the advice and
consent of the city council or the board of trustees, as
the case may be.
(g) Vacancies in municipal offices with 2-year terms. In
the case of an elective municipal office with a 2-year term, if
the vacancy occurs at least 130 days before the general
municipal election next scheduled under the general election
law, the vacancy shall be filled for the remainder of the term
at that general municipal election. If the vacancy occurs less
than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the office
of mayor or president, the vacancy must be filled by the
corporate authorities electing one of their members as
acting mayor or acting president. Except as set forth in
subsection (d), the acting mayor or acting president shall
perform the duties and possess all the rights and powers of
the mayor or president until a mayor or president is
elected at the next general municipal election and has
qualified. However, in villages with a population of less
than 5,000, if each of the trustees either declines the
election as acting president or is not elected by a
majority vote of the trustees presently holding office,
then the trustees may elect, as acting president, any other
village resident who is qualified to hold municipal office,

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and the acting president shall exercise the powers of the
president and shall vote and have veto power in the manner
provided by law for a president.
(2) Alderperson Alderman or trustee. If the vacancy is
in the office of alderperson alderman or trustee, the
vacancy must be filled by the mayor or president or acting
mayor or acting president, as the case may be, in
accordance with subsection (e).
(3) Other elective office. If the vacancy is in any
elective municipal office other than mayor or president or
alderperson alderman or trustee, the mayor or president or
acting mayor or acting president, as the case may be, must
appoint a qualified person to hold the office until the
office is filled by election, subject to the advice and
consent of the city council or the board of trustees, as
the case may be.
(h) In cases of vacancies arising by reason of an election
being declared void pursuant to paragraph (3) of subsection
(c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or
appointed and confirmed by advice and consent, as the case may
be.
(i) This Section applies only to municipalities with
populations under 500,000.
(Source: P.A. 99-449, eff. 8-24-15.)

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(65 ILCS 5/3.1-10-51)
Sec. 3.1-10-51. Vacancies in municipalities with a
population of 500,000 or more.
(a) Events upon which an elective office in a municipality
of 500,000 or more shall become vacant:
(1) A municipal officer may resign from office. A
vacancy occurs in an office by reason of resignation,
failure to elect or qualify (in which case the incumbent
shall remain in office until the vacancy is filled), death,
permanent physical or mental disability rendering the
person incapable of performing the duties of his or her
office, conviction of a disqualifying crime, abandonment
of office, removal from office, or removal of residence
from the municipality or, in the case of an alderperson
alderman of a ward, removal of residence from the ward.
(2) An admission of guilt of a criminal offense that
would, upon conviction, disqualify the municipal officer
from holding that office, in the form of a written
agreement with State or federal prosecutors to plead guilty
to a felony, bribery, perjury, or other infamous crime
under State or federal law, shall constitute a resignation
from that office, effective at the time the plea agreement
is made. For purposes of this Section, a conviction for an
offense that disqualifies the municipal officer from
holding that office occurs on the date of the return of a
guilty verdict or, in the case of a trial by the court, the

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entry of a finding of guilt.
(3) Owing a debt to the municipality. A vacancy occurs
if a municipal official fails to pay a debt to a
municipality in which the official has been elected or
appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this paragraph
(3), the municipal clerk shall deliver, by personal
service, a written notice to the municipal official
that (i) the municipal official is in arrears of a debt
to the municipality, (ii) that municipal official must
either pay or contest the debt within 30 days after
receipt of the notice or the municipal official will be
disqualified and his or her office vacated, and (iii)
if the municipal official chooses to contest the debt,
the municipal official must provide written notice to
the municipal clerk of the contesting of the debt. A
copy of the notice, and the notice to contest, shall
also be mailed by the municipal clerk to the appointed
municipal attorney by certified mail. If the municipal
clerk is the municipal official indebted to the
municipality, the mayor or president of the
municipality shall assume the duties of the municipal
clerk required under this paragraph (3).
(B) In the event that the municipal official
chooses to contest the debt, a hearing shall be held
within 30 days of the municipal clerk's receipt of the

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written notice of contest from the municipal official.
An appointed municipal hearing officer shall preside
over the hearing, and shall hear testimony and accept
evidence relevant to the existence of the debt owed by
the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the hearing
officer shall make a determination on the basis of the
evidence presented as to whether or not the municipal
official is in arrears of a debt to the municipality.
The determination shall be in writing and shall be
designated as findings, decision, and order. The
findings, decision, and order shall include: (i) the
hearing officer's findings of fact; (ii) a decision of
whether or not the municipal official is in arrears of
a debt to the municipality based upon the findings of
fact; and (iii) an order that either directs the
municipal official to pay the debt within 30 days or be
disqualified and his or her office vacated or dismisses
the matter if a debt owed to the municipality is not
proved. A copy of the hearing officer's written
determination shall be served upon the municipal
official in open proceedings before the hearing
officer. If the municipal official does not appear for
receipt of the written determination, the written
determination shall be deemed to have been served on
the municipal official on the date when a copy of the

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written determination is personally served on the
municipal official or on the date when a copy of the
written determination is deposited in the United
States mail, postage prepaid, addressed to the
municipal official at the address on record in the
files of the municipality.
(D) A municipal official aggrieved by the
determination of a hearing officer may secure judicial
review of such determination in the circuit court of
the county in which the hearing was held. The municipal
official seeking judicial review must file a petition
with the clerk of the court and must serve a copy of
the petition upon the municipality by registered or
certified mail within 5 days after service of the
determination of the hearing officer. The petition
shall contain a brief statement of the reasons why the
determination of the hearing officer should be
reversed. The municipal official shall file proof of
service with the clerk of the court. No answer to the
petition need be filed, but the municipality shall
cause the record of proceedings before the hearing
officer to be filed with the clerk of the court on or
before the date of the hearing on the petition or as
ordered by the court. The court shall set the matter
for hearing to be held within 30 days after the filing
of the petition and shall make its decision promptly

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after such hearing.
(E) If a municipal official chooses to pay the
debt, or is ordered to pay the debt after the hearing,
the municipal official must present proof of payment to
the municipal clerk that the debt was paid in full,
and, if applicable, within the required time period as
ordered by a hearing officer.
(F) A municipal official will be disqualified and
his or her office vacated pursuant to this paragraph
(3) on the later of the following times the municipal
official: (i) fails to pay or contest the debt within
30 days of the municipal official's receipt of the
notice of the debt; (ii) fails to pay the debt within
30 days after being served with a written determination
under subparagraph (C) ordering the municipal official
to pay the debt; or (iii) fails to pay the debt within
30 days after being served with a decision pursuant to
subparagraph (D) upholding a hearing officer's
determination that the municipal officer has failed to
pay a debt owed to a municipality.
(G) For purposes of this paragraph, a "debt" shall
mean an arrearage in a definitely ascertainable and
quantifiable amount after service of written notice
thereof, in the payment of any indebtedness due to the
municipality, which has been adjudicated before a
tribunal with jurisdiction over the matter. A

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municipal official is considered in arrears of a debt
to a municipality if a debt is more than 30 days
overdue from the date the debt was due.
(b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at least
130 days before the general municipal election next scheduled
under the general election law, then the vacancy shall be
filled for the remainder of the term at that general municipal
election. Whenever an election is held for this purpose, the
municipal clerk shall certify the office to be filled and the
candidates for the office to the proper election authorities as
provided in the general election law. If the vacancy is in the
office of mayor, the city council shall elect one of their
members acting mayor. The acting mayor shall perform the duties
and possess all the rights and powers of the mayor until a
successor to fill the vacancy has been elected and has
qualified. If the vacancy is in any other elective municipal
office, then until the office is filled by election, the mayor
shall appoint a qualified person to the office subject to the
advice and consent of the city council.
(c) If a vacancy occurs later than the time provided in
subsection (b) in a 4-year term, a vacancy in the office of
mayor shall be filled by the corporate authorities electing one
of their members acting mayor. The acting mayor shall perform
the duties and possess all the rights and powers of the mayor

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until a mayor is elected at the next general municipal election
and has qualified. A vacancy occurring later than the time
provided in subsection (b) in a 4-year term in any elective
office other than mayor shall be filled by appointment by the
mayor, with the advice and consent of the corporate
authorities.
(d) A municipal officer appointed or elected under this
Section shall hold office until the officer's successor is
elected and has qualified.
(e) An appointment to fill a vacancy in the office of
alderperson alderman shall be made within 60 days after the
vacancy occurs. The requirement that an appointment be made
within 60 days is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to require that an appointment be made
within a different period after the vacancy occurs.
(f) This Section applies only to municipalities with a
population of 500,000 or more.
(Source: P.A. 99-449, eff. 8-24-15.)
(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a
municipality has no mayor or president, no clerk, and no
alderpersons aldermen or trustees, the circuit court may, upon
petition signed by at least 100 electors or 10% of the electors

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of the municipality, whichever is less, make interim
appointments to fill all vacancies in the elective offices of
the municipality from among persons whose names are submitted
by the petition or petitions. The interim appointees shall
serve until the next regularly scheduled election under the
general election law occurring not less than 120 days after all
the offices have become vacant.
(Source: P.A. 87-1119.)
(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) 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
vote against it, the terms of the officers shall remain 4

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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 alderpersons aldermen. In the case of
alderpersons aldermen and trustees: (i) at the first election
of alderpersons aldermen or trustees that occurs in an odd
numbered year following the vote to reduce the length of terms,
successors to alderpersons 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 alderpersons aldermen or trustees
shall be elected each year for terms of 2 years and until their
successors are elected and have qualified.
(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) 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

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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
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 alderpersons aldermen. In the case of
alderpersons aldermen and trustees: (i) if the first election
for alderpersons aldermen or trustees, after approval of the
proposition, occurs in an even numbered year, the alderpersons
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

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years and until successors are elected and have qualified, the
alderpersons 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 alderpersons
aldermen or trustees, after approval of the proposition, occurs
in an odd numbered year, the alderpersons aldermen or trustees
elected in that odd numbered year shall serve for terms of 4
years and until their successors are elected and 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 alderpersons
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.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
Sec. 3.1-15-5. Officers to be elected. In all cities

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incorporated under this Code there shall be elected a mayor,
alderpersons aldermen, a city clerk, and a city treasurer
(except in the case of a city of 10,000 or fewer inhabitants
that, by ordinance, allows for the appointment of a city
treasurer by the mayor, subject to the advice and consent of
the city council). In all villages and incorporated towns,
there shall be elected a president, trustees, and a clerk,
except as otherwise provided in this Code.
(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
Sec. 3.1-15-15. Holding other offices. A mayor, president,
alderperson alderman, trustee, clerk, or treasurer shall not
hold any other office under the municipal government during the
term of that office, except when the officer is granted a leave
of absence from that office or except as otherwise provided in
Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1. Moreover, an
officer may serve as a volunteer fireman and receive
compensation for that service.
(Source: P.A. 99-386, eff. 8-17-15.)
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of
warrants.
(a) After receiving a certificate attesting to the
successful completion of a training course administered by the

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Illinois Law Enforcement Training Standards Board, the mayor,
alderpersons aldermen, president, trustees, marshal, deputy
marshals, and policemen in municipalities shall be
conservators of the peace. Those persons and others authorized
by ordinance shall have power (i) to arrest or cause to be
arrested, with or without process, all persons who break the
peace or are found violating any municipal ordinance or any
criminal law of the State, (ii) to commit arrested persons for
examination, (iii) if necessary, to detain arrested persons in
custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise
all other powers as conservators of the peace prescribed by the
corporate authorities.
(b) All warrants for the violation of municipal ordinances
or the State criminal law, directed to any person, may be
served and executed within the limits of a municipality by any
policeman or marshal of the municipality. For that purpose,
policemen and marshals have all the common law and statutory
powers of sheriffs.
(Source: P.A. 90-540, eff. 12-1-97.)
(65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
Sec. 3.1-15-30. Minority representation.
(a) Whenever the question of incorporation as a city under
this Code is submitted for adoption to the electors of any
territory, village, incorporated town, or city under special

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charter, there may be submitted at the same time for adoption
or rejection the question of minority representation in the
city council. The proposition shall be in the following form:
Shall minority representation in the city council be
adopted?
(b) If a majority of the votes cast on the question at any
election are for minority representation in the city council,
the members of the city council, except as otherwise provided,
thereafter shall be elected as provided in Section 3.1-15-35.
(c) The city council, at least 30 days before the first day
fixed by law for the filing of candidate petitions for the next
general municipal election, shall apportion the city by
dividing its population, as ascertained by an official
publication of any national, state, school, or city census, by
any number not less than 2 nor more than 6. The quotient shall
be the ratio of representation in the city council. Districts
shall be formed of contiguous and compact territory and
contain, as near as practicable, an equal number of
inhabitants.
(d) If a majority of the votes cast on the question at any
election are against minority representation in the city
council, the members of the city council shall be elected as
otherwise provided in this Code.
(e) At any time after the incorporation of a city under
this Code, on petition of electors equal in number to
one-eighth the number of legal votes cast at the next preceding

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general municipal election, the city clerk shall certify the
question of the adoption or retention of minority
representation to the proper election authority for submission
to the electors of that city. The proposition shall be in the
same form as provided in this Section, except that the word
"retained" shall be substituted for the word "adopted" when
appropriate. A question of minority representation, however,
shall not be submitted more than once within 32 months.
(f) If the city council of any city adopting minority
representation as provided in this Section has not fixed a
ratio of representation and formed the districts by the time
specified in this Section, those acts may be done by any later
city council. All official acts done and ordinances passed by a
city council elected at large by the electors of a city that
has adopted a minority representation plan shall be as valid
and binding as if the alderpersons aldermen had been elected
from districts.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
Sec. 3.1-15-35. Alderpersons Aldermen under minority
representation plan. Every district under a minority
representation plan shall be entitled to 3 alderpersons
aldermen. Alderpersons Aldermen shall hold their offices for 4
years and until their successors have been elected and
qualified, except in cities that have adopted a 2 year term

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under Section 3.1-10-65. There shall be elected in each
district as many alderpersons aldermen as the district is
entitled to. In all of these elections for alderpersons
aldermen, each elector may cast as many votes as there are
alderpersons aldermen to be elected in the elector's district,
or may distribute his or her votes, or equal parts of the
votes, among the candidates as the elector sees fit. The
candidate highest in votes is elected if only one alderperson
alderman is elected; the candidates highest and next highest in
votes are elected if only 2 alderpersons aldermen are elected;
and the 3 highest candidates in votes are elected when 3
alderpersons aldermen are elected. Vacancies shall be filled as
provided in Sections 3.1-10-50 and 3.1-10-55 by either interim
election or appointment. An appointment to fill a vacancy shall
be made within 60 days after the vacancy occurs. The
requirement that an appointment be made within 60 days is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to require that an appointment be made within a different
period after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)
(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 all cities that adopt or have adopted the minority

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representation plan for the election of alderpersons aldermen
and have not already staggered the terms of their alderpersons
aldermen, the city council may provide by ordinance that at any
ensuing general municipal election for city officers the
alderpersons 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 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Alderpersons Aldermen; number.
(a) Except as otherwise provided in this Section, Section
3.1-20-20, or as otherwise provided in the case of
alderpersons-at-large aldermen-at-large, the number of
alderpersons aldermen, when not elected by the minority
representation plan, shall be determined using the most recent
federal decennial census results as follows:
(1) in cities not exceeding 3,000 inhabitants, 6
alderpersons aldermen;
(2) in cities exceeding 3,000 but not exceeding 15,000,
8 alderpersons aldermen;
(3) in cities exceeding 15,000 but not exceeding

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20,000, 10 alderpersons aldermen;
(4) in cities exceeding 20,000 but not exceeding
50,000, 14 alderpersons aldermen;
(5) in cities exceeding 50,000 but not exceeding
70,000, 16 alderpersons aldermen;
(6) in cities exceeding 70,000 but not exceeding
90,000, 18 alderpersons aldermen; and
(7) in cities exceeding 90,000 but not exceeding
500,000, 20 alderpersons aldermen.
(b) Instead of the number of alderpersons 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
alderpersons aldermen: in cities exceeding 15,000 but not
exceeding 20,000, 8 alderpersons aldermen; exceeding 20,000
but not exceeding 50,000, 10 alderpersons aldermen; exceeding
50,000 but not exceeding 70,000, 14 alderpersons aldermen;
exceeding 70,000 but not exceeding 90,000, 16 alderpersons
aldermen; and exceeding 90,000 but not exceeding 500,000, 18
alderpersons aldermen.
(c) Instead of the number of alderpersons aldermen set
forth in 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

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alderpersons aldermen: in cities exceeding 40,000 but not
exceeding 50,000, 16 alderpersons 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 alderpersons
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;
97-1091, eff. 8-24-12.)
(65 ILCS 5/3.1-20-15) (from Ch. 24, par. 3.1-20-15)
Sec. 3.1-20-15. Division into wards. Except as otherwise
provided in Section 3.1-20-20, every city shall have one-half
as many wards as the total number of alderpersons aldermen to
which the city is entitled. The city council, from time to
time, shall divide the city into that number of wards.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
Sec. 3.1-20-20. Alderpersons Aldermen; restrict or
reinstate number.
(a) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons aldermen to

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one-half of the total authorized by Section 3.1-20-10, with one
alderperson alderman representing each ward, shall be
certified by the city clerk to the proper election authorities,
who shall submit the proposition at an election in accordance
with the general election law, if a petition requesting that
action is signed by electors of the city numbering not less
than 10% of the total vote cast at the last election for mayor
of the city and the petition is filed with the city clerk.
The proposition shall be substantially in the following
form:
Shall (name of city) restrict the number of
alderpersons aldermen to (state number) (one-half of the
total authorized by Section 3.1-20-10 of the Illinois
Municipal Code), with one alderperson alderman
representing each ward?
If a majority of those voting on the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(b) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons aldermen to
one alderperson alderman per ward, with one alderperson
alderman representing each ward, plus an additional number of
alderpersons aldermen not to exceed the number of wards in the
city to be elected at large, shall be certified by the city

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clerk to the proper election authorities, who shall submit the
proposition at an election in accordance with the general
election law, if a petition requesting that action is signed by
electors of the city numbering not less than 10% of the total
vote cast at the last election for mayor of the city and the
petition is filed with the city clerk.
The proposition shall be substantially in the following
form:
Shall (name of city) restrict the number of
alderpersons aldermen to (number), with one alderperson
alderman representing each ward, plus an additional
(number) alderperson alderman (alderpersons aldermen) to
be elected at large?
If a majority of those voting on the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(c) In a city of less than 100,000 inhabitants where a
proposition under subsection (a) or (b) has been successful, a
proposition to reinstate the number of alderpersons aldermen in
accordance with Section 3.1-20-10 shall be certified by the
city clerk to the proper election authorities, who shall submit
the proposition at an election in accordance with the general
election law, if a petition requesting that action has been
signed by electors of the city numbering not less than 10% of

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the total vote cast at the last election for mayor of the city
and the petition has been filed with the city clerk.
The election authority must submit the proposition in
substantially the following form:
Shall (name of city) reinstate the number of
alderpersons aldermen to (number of alderpersons aldermen
allowed by Section 3.1-20-10)?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the proposition
vote in the affirmative, then, if the restriction in the number
of alderpersons aldermen has taken effect, all existing
aldermanic terms of alderpersons shall expire as of the date of
the next regular aldermanic election of alderpersons, at which
time a full complement of alderpersons aldermen shall be
elected for the full term and thereafter terms shall be
determined in accordance with Section 3.1-20-35.
(Source: P.A. 92-727, eff. 7-25-02.)
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Alderpersons Aldermen; staggered terms. In
any city of less than 100,000 inhabitants, a proposition to
stagger the terms of alderpersons aldermen, with as nearly as
possible one-half of the alderpersons 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

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petition requesting that 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 alderperson alderman elected from each
even-numbered ward shall serve a term of 2 years; one
alderperson 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 alderpersons aldermen?
If a majority of those voting on the proposition vote in
favor of it, then at the next regular election for alderpersons
aldermen one alderperson alderman shall be elected from each
even-numbered ward for a term of 2 years and one alderperson
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 5/3.1-20-25) (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

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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
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
alderpersons 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, 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
alderpersons aldermen whose terms of office are not expiring
shall be considered alderpersons 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 alderperson alderman may be

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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 alderpersons
aldermen with terms of office not expiring and residing in the
same ward under the new redistricting, the alderperson 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 alderpersons aldermen shall fill their
unexpired terms as alderpersons-at-large aldermen-at-large.
The alderpersons-at-large aldermen-at-large, if any, shall
have the same powers and duties as all other alderpersons
aldermen, but upon the expiration of their terms the offices of
alderpersons-at-large aldermen-at-large shall be abolished.
(d) If the redistricting results in one or more wards in
which no alderpersons aldermen reside whose terms of office
have not expired, 2 alderpersons aldermen shall be elected in
accordance with Section 3.1-20-35, unless the city elected only
one alderperson 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

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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. 97-1091, eff. 8-24-12.)
(65 ILCS 5/3.1-20-30) (from Ch. 24, par. 3.1-20-30)
Sec. 3.1-20-30. Validation of actions. After an official
census is officially published, if a city is divided into a
greater number of wards and has elected a greater number of
alderpersons aldermen than the city is entitled to, the
division and election shall, nevertheless, be valid and all
acts, resolutions, and ordinances of the city council of that
city, if in other respects in compliance with law, are valid.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-35) (from Ch. 24, par. 3.1-20-35)
Sec. 3.1-20-35. Determining terms.
(a) Alderpersons Aldermen elected at the first election for
city officers after the election of alderpersons aldermen for
the initial terms provided for in Section 2-2-11 shall draw
lots to determine which alderpersons aldermen in each ward
shall hold office for a 4 year term, and until a successor is
elected and has qualified, and which alderpersons aldermen in
each ward shall hold office for a 2 year term, and until a
successor is elected and has qualified. All alderpersons

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aldermen thereafter elected shall hold office for a term of 4
years, and until their successors are elected and have
qualified, except in cities that adopt a 2 year term under
Section 3.1-10-65 and except as otherwise provided in Section
3.1-20-20.
(b) If a city that has had the minority representation plan
has voted not to retain the plan, then at the first election
for city officers following the vote 2 alderpersons aldermen
shall be elected from each ward in the city and their terms
shall be staggered in the manner set forth in subsection (a).
The tenure of these alderpersons aldermen and their successors
shall be the same as that stated in subsection (a).
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-40) (from Ch. 24, par. 3.1-20-40)
Sec. 3.1-20-40. Other officers; election rather than
appointment. Instead of providing for the appointment of the
following officers as provided in Section 3.1-30-5, the city
council, in its discretion, may provide by ordinance passed by
a two-thirds vote of all the alderpersons aldermen elected for
the election by the electors of the city of a city collector, a
city marshal, a city superintendent of streets, a corporation
counsel, a city comptroller, or any of them, and any other
officers which the city council considers necessary or
expedient. By ordinance or resolution, to take effect at the
end of the current fiscal year, the city council, by a like

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vote, may discontinue any office so created and devolve the
duties of that office on any other city officer. After
discontinuance of an office, no officer filling that office
before its discontinuance shall have any claim against the city
for salary alleged to accrue after the date of discontinuance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects
municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of this
Section, an office is uncontested when not more than 4 persons
to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that
office.
Notwithstanding the preceding paragraph, when a person (i)
who has not timely filed valid nomination papers and (ii) who
intends to become a write-in candidate for nomination for any
office for which nomination is uncontested files a written
statement or notice of that intent with the proper election
official with whom the nomination papers for that office are
filed, if the write-in candidate becomes the fifth candidate

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filed, a primary ballot must be prepared and a primary must be
held for the office. The statement or notice must be filed on
or before the 61st day before the consolidated primary
election. The statement must contain (i) the name and address
of the person intending to become a write-in candidate, (ii) a
statement that the person intends to become a write-in
candidate, and (iii) the office the person is seeking as a
write-in candidate. An election authority has no duty to
conduct a primary election or prepare a primary ballot unless a
statement meeting the requirements of this paragraph is filed
in a timely manner.
If there is a primary election, then candidates shall be
placed on the ballot for the next succeeding general municipal
election in the following manner:
(1) If one officer is to be elected, then the 2
candidates who receive the highest number of votes shall be
placed on the ballot for the next succeeding general
municipal election.
(2) If 2 alderpersons aldermen are to be elected at
large, then the 4 candidates who receive the highest number
of votes shall be placed on the ballot for the next
succeeding general municipal election.
(3) If 3 alderpersons aldermen are to be elected at
large, then the 6 candidates who receive the highest number
of votes shall be placed on the ballot for the next
succeeding general municipal election.

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The name of a write-in candidate may not be placed on the
ballot for the next succeeding general municipal election
unless he or she receives a number of votes in the primary
election that equals or exceeds the number of signatures
required on a petition for nomination for that office or that
exceeds the number of votes received by at least one of the
candidates whose names were printed on the primary ballot for
nomination for or election to the same office.
(Source: P.A. 97-81, eff. 7-5-11.)
(65 ILCS 5/3.1-25-70) (from Ch. 24, par. 3.1-25-70)
Sec. 3.1-25-70. Trustees under special Acts.
(a) In every village and incorporated town incorporated and
existing under any special Act that, before June 4, 1909,
pursuant to any special Act, annually elected members of its
legislative body, the electors in the village or incorporated
town, instead of the legislative body now provided for by law,
shall elect 6 trustees. They shall hold their offices until
their respective successors are elected and have qualified. At
the first meeting of this board of 6 trustees, the terms of
office of the trustees shall be staggered, and thereafter shall
be for the same length of time as provided for alderpersons
aldermen in Section 3.1-20-35.
(b) The electors of the village or incorporated town may,
however, adopt a 2 year term for their trustees as provided in
Section 3.1-10-65. If this 2 year term is adopted, then at the

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next general municipal election in the adopting village or
incorporated town, 3 trustees shall be elected, and they shall
hold their offices for terms of one year each. In the next
succeeding year, and in each year thereafter, 3 trustees shall
be elected in the adopting village or incorporated town, and
they shall hold their offices for terms of 2 years each.
(c) A village or incorporated town that, before January 1,
1942, has adopted a 2 year term for its trustees and is now
electing 3 trustees each year shall continue to elect 3
trustees each year for a term of 2 years each. A village or
incorporated town that, before January 1, 1942, has adopted a 2
year term for its trustees but is not now electing 3 trustees
each year shall elect 3 trustees at the next general municipal
election in that municipality, and they shall hold their
offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be elected,
and they shall hold their offices for terms of 2 years each.
(d) This Section shall not apply to or change the method of
election of the members of the legislative body of incorporated
towns that have superseded civil townships.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
Sec. 3.1-25-75. Districts; election of trustees.
(a) After a village with a population of 5,000 or more
adopts the provisions of this Section in the manner prescribed

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in Section 3.1-25-80, the board of trustees by ordinance shall
divide and, whenever necessary thereafter, shall redistrict
the village into 6 compact and contiguous districts of
approximately equal population as required by law. This
redistricting shall be completed not less than 30 days before
the first day for the filing of nominating petitions for the
next succeeding election of village officers held in accordance
with the general election law.
(b) Each of the districts shall be represented by one
trustee who shall have been an actual resident of the district
for at least 6 months immediately before his or her election in
the first election after a redistricting, unless the trustee is
a resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
(c) The provisions of this Code relating to terms of office
of alderpersons aldermen in cities shall also apply to the
terms of office of trustees under this Section.
(Source: P.A. 95-646, eff. 1-1-08.)
(65 ILCS 5/3.1-35-35) (from Ch. 24, par. 3.1-35-35)
Sec. 3.1-35-35. Mayor or president pro tem; temporary
chairman.
(a) If the mayor or president is temporarily absent because
of an incapacity to perform official duties, but the incapacity
does not create a vacancy in the office, the corporate

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authorities shall elect one of their members to act as mayor or
president pro tem. The mayor or president pro tem, during this
absence or disability, shall perform the duties and possess all
the rights and powers of the mayor or president but shall not
be entitled to vote both as mayor or president pro tem and as
alderperson alderman or trustee.
(b) In the absence of the mayor, president, acting mayor or
president, or mayor or president pro tem, the corporate
authorities may elect one of their members to act as a
temporary chairman. The temporary chairman shall have only the
powers of a presiding officer and a right to vote only in the
capacity as alderperson alderman or trustee on any ordinance,
resolution, or motion.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-5) (from Ch. 24, par. 3.1-40-5)
Sec. 3.1-40-5. Composition. The city council shall consist
of the mayor and alderpersons aldermen. It shall meet in
accordance with the Open Meetings Act. It shall keep a journal
of its own proceedings.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-10) (from Ch. 24, par. 3.1-40-10)
Sec. 3.1-40-10. Judge of elections. The city council shall
be the sole judge of the election to office of the alderpersons
aldermen. It shall also be the sole judge whether under Section

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3.1-10-5 alderpersons aldermen are eligible to hold their
offices. A court, however, shall not be prohibited from hearing
and determining a proceeding in quo warranto.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-15) (from Ch. 24, par. 3.1-40-15)
Sec. 3.1-40-15. Rules; expulsion. The city council shall
determine its own rules of proceeding and punish its members
for disorderly conduct. With the concurrence of two-thirds of
the alderpersons aldermen then holding office, it may expel an
alderperson alderman from a meeting, but not a second time for
the same incident.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-25) (from Ch. 24, par. 3.1-40-25)
Sec. 3.1-40-25. Meetings. The city council may prescribe,
by ordinance, the times and places of the council meetings and
the manner in which special council meetings may be called. The
mayor or any 3 alderpersons aldermen may call special meetings
of the city council. In addition to any notice requirement
prescribed by the city council, public notice of meetings must
be given as prescribed in Sections 2.02 and 2.03 of the Open
Meetings Act.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-30) (from Ch. 24, par. 3.1-40-30)

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Sec. 3.1-40-30. Mayor presides. The mayor shall preside at
all meetings of the city council. Except as provided in
Articles 4 and 5 of this Code, the mayor shall not vote on any
ordinance, resolution, or motion except the following: (i)
where the vote of the alderpersons aldermen has resulted in a
tie; (ii) where one-half of the alderpersons aldermen elected
have voted in favor of an ordinance, resolution, or motion even
though there is no tie vote; or (iii) where a vote greater than
a majority of the corporate authorities is required by this
Code or an ordinance to adopt an ordinance, resolution, or
motion. Nothing in this Section shall deprive an acting mayor
or mayor pro tem from voting in the capacity as alderperson
alderman, but he or she shall not be entitled to another vote
in the capacity as acting mayor or mayor pro tem.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-35) (from Ch. 24, par. 3.1-40-35)
Sec. 3.1-40-35. Deferral of committee reports. Upon the
request of any 2 alderpersons aldermen present, any report of a
committee of the council shall be deferred for final action to
the next regular meeting of the council after the report is
made.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
Sec. 3.1-40-40. Vote required. The passage of all

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ordinances for whatever purpose, and of any resolution or
motion (i) to create any liability against a city or (ii) for
the expenditure or appropriation of its money shall require the
concurrence of a majority of all members then holding office on
the city council, including the mayor, unless otherwise
expressly provided by this Code or any other Act governing the
passage of any ordinance, resolution, or motion. Where the
council consists of an odd number of alderpersons aldermen,
however, the vote of the majority of the alderpersons aldermen
shall be sufficient to pass an ordinance. The passage of an
ordinance, resolution, or motion to sell any school property
shall require the concurrence of three-fourths of all
alderpersons aldermen then holding office. The yeas and nays
shall be taken upon the question of the passage of the
designated ordinances, resolutions, or motions and recorded in
the journal of the city council. In addition, the corporate
authorities at any meeting may by unanimous consent take a
single vote by yeas and nays on the several questions of the
passage of any 2 or more of the designated ordinances, orders,
resolutions, or motions placed together for voting purposes in
a single group. The single vote shall be entered separately in
the journal under the designation "omnibus vote", and in that
event the clerk may enter the words "omnibus vote" or "consent
agenda" in the journal in each case instead of entering the
names of the members of city council voting "yea" and those
voting "nay" on the passage of each of the designated

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ordinances, orders, resolutions, and motions included in the
omnibus group or consent agenda. The taking of a single or
omnibus vote and the entries of the words "omnibus vote" or
"consent agenda" in the journal shall be a sufficient
compliance with the requirements of this Section to all intents
and purposes and with like effect as if the vote in each case
had been taken separately by yeas and nays on the question of
the passage of each ordinance, order, resolution, and motion
included in the omnibus group and separately recorded in the
journal. Likewise, the yeas and nays shall be taken upon the
question of the passage of any other resolution or motion at
the request of any alderperson alderman and shall be recorded
in the journal.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-50) (from Ch. 24, par. 3.1-40-50)
Sec. 3.1-40-50. Reconsideration; passing over veto. Every
resolution and motion specified in Section 3.1-40-45, and every
ordinance, that is returned to the city council by the mayor
shall be reconsidered by the city council at the next regular
meeting following the regular meeting at which the city council
receives the mayor's written objection. If, after
reconsideration, two-thirds of all the alderpersons aldermen
then holding office on the city council agree at that regular
meeting to pass an ordinance, resolution, or motion,
notwithstanding the mayor's refusal to approve it, then it

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shall be effective. The vote on the question of passage over
the mayor's veto shall be by yeas and nays and shall be
recorded in the journal.
This Section does not apply to municipalities with more
than 500,000 inhabitants.
(Source: P.A. 91-489, eff. 1-1-00.)
(65 ILCS 5/3.1-40-55) (from Ch. 24, par. 3.1-40-55)
Sec. 3.1-40-55. Reconsideration; requisites. No vote of
the city council shall be reconsidered or rescinded at a
special meeting unless there are present at the special meeting
at least as many alderpersons aldermen as were present when the
vote was taken.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-45-5) (from Ch. 24, par. 3.1-45-5)
Sec. 3.1-45-5. Composition; manner of acting. The board of
trustees shall consist of the president and trustees and,
except as otherwise provided in this Code, shall exercise the
same powers and perform the same duties as the city council in
cities. It shall pass ordinances, resolutions, and motions in
the same manner as a city council. The president of the board
of trustees may exercise the same veto power and powers in
Section 3.1-40-30, and with like effect, as the mayor of a
city. The trustees may pass motions, resolutions, and
ordinances over the president's veto in like manner as the

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alderpersons aldermen of a city council.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-45-15) (from Ch. 24, par. 3.1-45-15)
Sec. 3.1-45-15. Powers and duties. The trustees, except as
otherwise provided in this Code, shall perform the duties and
exercise the powers conferred upon the alderpersons aldermen of
a city.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-55-5) (from Ch. 24, par. 3.1-55-5)
Sec. 3.1-55-5. Certificate of appointment. Whenever a
person has been appointed or elected to office, the mayor or
president shall issue a certificate of appointment or election,
under the corporate seal, to the municipal clerk. All officers
elected or appointed under this Code, except the municipal
clerk, alderperson alderman, mayor, trustees, and president,
shall be commissioned by warrant, under the corporate seal,
signed by the municipal clerk and the mayor, acting mayor, or
mayor pro tem, or presiding officer of the corporate
authorities.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-1-2) (from Ch. 24, par. 4-1-2)
Sec. 4-1-2. Definitions. In this Article, unless the
context otherwise requires:

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(a) Any office or officer named in Any act referred to in
this Article, when applied to cities or villages under the
commission form of municipal government, means the office or
officer having the same functions or duties under this Article
or under ordinances passed by authority of this Article.
(b) "Commissioner", "alderperson alderman", or "village
trustee" means commissioner when applied to duties under this
Article.
(c) "City council", "board of trustees", or "corporate
authorities" means "council" when applied to duties under this
Article.
(d) "Franchise" includes every special privilege or right
in the streets, alleys, highways, bridges, subways, viaducts,
air, waters, public places, and other public property that does
not belong to the citizens generally by common right, whether
granted by the State or the city or village.
(e) "City" includes village.
(f) "Municipal" or "municipality" means either city or
village.
(g) "Treating" means the entertaining of a person with
food, drink, tobacco, or drugs.
(h) "Treats" means the food, drink, tobacco, or drugs,
requested, offered, given, or received, in treating or for the
entertainment of a person.
(Source: P.A. 87-1119.)

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(65 ILCS 5/4-10-1) (from Ch. 24, par. 4-10-1)
Sec. 4-10-1. Any municipality, which has operated for more
than 2 years under the commission form of municipal government,
may abandon its operation under this article and accept the
provisions of the general law of the State then applicable to
municipalities, by proceedings as follows:
When a petition signed by electors of the municipality
equal in number to at least 25% of the number of votes cast for
the candidates for mayor at the last preceding general
quadrennial municipal election is filed with the municipal
clerk, the clerk shall certify the proposition to the proper
election authorities for submission to the electors of the
municipality. The proposition shall be in substantially the
following form:
-------------------------------------------------------------
Shall the city (or village) YES
of.... retain the commission ----------------------------
form of municipal government? NO
-------------------------------------------------------------
In municipalities which have adopted the City Election Law,
however, this proposition shall be filed with the clerk of that
board. However, in municipalities with less than 50,000
inhabitants this proposition shall only be submitted within the
year preceding the expiration of the terms of office of the
elective officers of the municipality and shall not be
submitted more often than once in that year. In municipalities

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with 50,000 or more inhabitants this proposition shall not be
submitted more often than once in 22 months.
If a majority of the votes cast on this proposition are
against the proposition, the officers elected at the next
succeeding general municipal election shall be those then
prescribed in Article 3. Upon the qualification of these
officers the municipality shall become a city or village under
this Code, but this change shall not affect in any manner or
degree the property rights or liabilities of any nature of the
municipality, but shall merely extend to the change in its form
of government.
The first city council or board of trustees elected after
the abandonment of the commission form of municipal government
shall have the same number of alderpersons aldermen or trustees
as were provided in the municipality at the time of its
adoption of this article, and the municipality shall have the
same ward and precinct boundaries.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
Sec. 5-1-4. Procedure for adopting managerial form of
government.
(a) Cities and villages described in Section 5-1-1, in
order to vest themselves with the managerial form of municipal
government, shall act in accordance with the procedure provided
in Sections 5-1-4 through 5-1-11 unless modified elsewhere in

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this Article 5. In cities that are operating under Section
3.1-20-10 and villages operating under Section 3.1-25-75 at the
time of the adoption of this Article 5, the forms of petition
and ballot prescribed in Sections 5-1-5 and 5-1-7 may at the
option of the petitioners be modified to contain the following
additional proposition:
Shall (name of city or village), if it adopts the
managerial form of municipal government, continue to elect
alderpersons aldermen (or trustees) from wards (or
districts)?
(b) In any city operating under Section 3.1-20-10 at the
time of adoption of this Article 5, at the option of the
petitioners and in addition to the optional proposition
provided for in subsection (a), the forms of petition and
ballot prescribed in Sections 5-1-6 and 5-1-8 may be further
modified to contain the following additional proposition:
Shall only one alderperson alderman hereafter be
elected from each ward if (name of city) adopts the
managerial form of municipal government and also elects to
continue the alderperson aldermanic organization for the
city council?
(c) If 2 or more forms of petition allowed under this
Section are presented to the chief judge of the circuit court
or any judge of that circuit designated by the chief judge, the
judge shall cause only the question or questions contained in
the first petition so presented to be submitted to referendum,

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if he or she finds that the petition is in proper form and
legally sufficient.
(d) If a majority of the electors voting on the proposition
vote to adopt the managerial form of municipal government, then
this Article 5 shall become effective in the city or village
upon the date of the next general municipal election at which
any corporate authority is elected. The operation of the
managerial form of municipal government, for purposes of voting
on the question to abandon set out in Section 5-5-1, however,
shall not be deemed to begin until a manager is appointed.
(e) The city council or board of trustees of a city or
village that adopts the provisions of this Article 5 under this
Section may, if it so desires, by the adoption of an ordinance
immediately after the adoption of this Article 5 has been
proclaimed, appoint a city or village manager and reorganize
the administration of the municipality in conformance with this
Article 5. This Article 5, except as to the membership of the
council in cities or villages in which representation by wards
or districts has not been retained, shall be in effect upon the
proclamation of the results of the adopting referendum.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-1) (from Ch. 24, par. 5-2-1)
Sec. 5-2-1. If a city or village adopts the managerial form
of municipal government and also elects to choose alderpersons
aldermen or trustees, as the case may be, from wards or

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districts, then the city council shall be constituted as
provided in Sections 5-2-2 through 5-2-10 and the village board
shall be constituted as provided in Section 5-2-11 and the
incumbent alderpersons aldermen, trustees, mayor, president,
clerk and treasurer shall continue in office until expiration
of their present terms. If a city has voted to elect only one
alderperson alderman from each ward then no election for a
successor for the alderperson alderman from each ward whose
term next expires shall be held, and upon the expiration of the
terms of the alderpersons aldermen having the longest time to
serve at the time of adoption of this Article 5 only one
successor shall be elected from each ward. In case a city votes
to elect only one alderperson alderman from each ward, the
number of alderpersons aldermen prescribed by Section 5-2-2
shall be halved, for the purposes of this Article 5 and the
provisions of Section 5-2-4 prescribing the number of wards
shall not apply but such city shall have an equal number of
wards and alderpersons aldermen. The mayor of a city and the
president of a village board shall be elected from the city or
village at large.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
the number of alderpersons aldermen, when not elected by the
minority representation plan, shall be as follows: In cities

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not exceeding 3,000 inhabitants, 6 alderpersons aldermen;
exceeding 3,000, but not exceeding 15,000, 8 alderpersons
aldermen; exceeding 15,000 but not exceeding 20,000, 10
alderpersons aldermen; exceeding 20,000 but not exceeding
30,000, 14 alderpersons aldermen; and 2 additional
alderpersons aldermen for every 20,000 inhabitants over
30,000. In all cities of less than 500,000, 20 alderpersons
aldermen shall be the maximum number permitted except as
otherwise provided in the case of alderpersons-at-large
aldermen-at-large. No redistricting shall be required in order
to reduce the number of alderpersons aldermen heretofore
provided for. Two alderpersons aldermen shall be elected to
represent each ward.
If it appears from any census specified in Section 5-2-5
and taken not earlier than 1940 that any city has the requisite
number of inhabitants to authorize it to increase the number of
alderpersons aldermen, the city council shall immediately
proceed to redistrict the city in accordance with the
provisions of Section 5-2-5, and it shall hold the next city
election in accordance with the new redistricting. At this
election the alderpersons aldermen whose terms of office are
not expiring shall be considered alderpersons aldermen for the
new wards respectively in which their residences are situated.
At this election a candidate for alderperson 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

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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 alderpersons
aldermen with terms of office not expiring and residing in the
same ward under the new redistricting, the alderperson alderman
who holds over for that ward shall be determined by lot in the
presence of the city council, in whatever manner the council
shall direct and all other alderpersons aldermen shall fill
their unexpired terms as alderpersons-at-large
aldermen-at-large. The alderpersons-at-large
aldermen-at-large, if any, shall have the same power and duties
as all other alderpersons aldermen but upon expiration of their
terms the offices of alderpersons-at-large aldermen-at-large
shall be abolished.
If the re-districting results in one or more wards in which
no alderpersons aldermen reside whose terms of office have not
expired, 2 alderpersons aldermen shall be elected in accordance
with the provisions of Section 5-2-8.
(Source: P.A. 93-847, eff. 7-30-04.)
(65 ILCS 5/5-2-3) (from Ch. 24, par. 5-2-3)
Sec. 5-2-3. In any city or village of less than 100,000
inhabitants, a proposition to restrict the number of
alderpersons aldermen to one-half of the total authorized by
Section 5-2-2, with one alderperson alderman representing each

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ward, shall be certified by the municipal 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 such 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 board of
trustees of the municipality, and is filed with the city or
village clerk in accordance with the general election law.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the City (or Village) of
........ restrict the number of alderpersons YES
aldermen to one-half of the total
authorized by Section 5-2-2 of the ------------------------
Illinois Municipal Code, with one NO
alderperson alderman representing each ward?
-------------------------------------------------------------
If a majority of those voting upon the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-3.1) (from Ch. 24, par. 5-2-3.1)

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Sec. 5-2-3.1. In any municipality in which only one
alderperson alderman is elected from each ward, a proposition
to stagger the terms of alderpersons aldermen, with as nearly
as possible one-half of the alderpersons aldermen elected every
2 years, shall be certified to the proper election authority
who shall submit the proposition at an election in accordance
with the general election law, if a petition requesting such
action is signed by electors of the municipality numbering at
least 10% of the total vote cast at the last election for mayor
or president of the board of trustees of the municipality and
is filed with the municipal clerk.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the City (or Village) of YES
............ adopt a system of ---------------------------
staggered terms for alderpersons aldermen? NO
-------------------------------------------------------------
If a majority of those voting on the proposition vote in
favor of it, at the next regular election for alderpersons
aldermen, one alderperson alderman shall be elected from each
even-numbered ward for a term of 2 years, and one alderperson
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. 81-1489.)

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(65 ILCS 5/5-2-4) (from Ch. 24, par. 5-2-4)
Sec. 5-2-4. Except as otherwise provided in Section 5-2-3,
every city shall have one-half as many wards as the total
number of alderpersons aldermen to which the city is entitled.
The city council, from time to time shall divide the city into
that number of wards. In the formation of wards the population
of each shall be as nearly equal, and the wards shall be of as
compact and contiguous territory, as practicable.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-5) (from Ch. 24, par. 5-2-5)
Sec. 5-2-5. Whenever an official publication of any
national, state, school, or city census shows that any city
contains more or less wards than it is entitled to, the city
council of the city, by ordinance, shall redistrict the city
into as many wards only as the city is entitled. This
redistricting shall be completed not less than 30 days before
the first date fixed by 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
alderpersons aldermen to which the city is entitled.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-7) (from Ch. 24, par. 5-2-7)
Sec. 5-2-7. If, after a specified census is officially

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published, any city is divided into a greater number of wards
and has elected a greater number of alderpersons aldermen than
the city is entitled, nevertheless such division and election
shall be valid and all acts, resolutions, and ordinances of the
city council of such city, if in other respects in compliance
with law, are valid.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-8) (from Ch. 24, par. 5-2-8)
Sec. 5-2-8. Staggered terms; tenure.
(a) Alderpersons Aldermen elected at the first election for
city officers after the election of alderpersons aldermen for
the initial terms provided for in Section 2-2-11 shall draw
lots to determine (i) which of the alderpersons aldermen in
each ward shall hold for a 4 year term and until a successor is
elected and has qualified and (ii) which in each ward shall
hold for a 2 year term and until a successor is elected and has
qualified. All alderpersons aldermen elected after that first
election shall hold office for a term of 4 years and until
their successors are elected and have qualified, except in
cities that adopt a 2 year term as provided in Section
3.1-10-65 and except as is otherwise provided in Section 5-2-3.
(b) If a city that has had the minority representation plan
has voted not to retain the plan, then, at the first election
for city officers following the vote, 2 alderpersons aldermen
shall be elected from each ward in the city. Their terms shall

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be staggered by the process specified in this Section. The
tenure of these alderpersons aldermen and their successors
shall be the same as that stated in subsection (a).
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
Sec. 5-2-11. In any village which adopts this Article 5,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6
compact and contiguous districts of approximately equal
population.
Each of the districts shall be represented by one trustee
who shall have been an actual resident of the district for at
least 6 months prior to his election, unless the trustee is a
resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
The provisions of Section 5-2-8 relating to terms of office
of alderpersons aldermen in cities shall also apply to the
terms of office of trustees under this section.
(Source: P.A. 95-646, eff. 1-1-08.)
(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
Sec. 5-2-12. Alderpersons Aldermen or trustees elected at
large; vacancies; mayor or president to preside.
(a) If a city or village adopts the managerial form of

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municipal government but does not elect to choose alderpersons
aldermen or trustees from wards or districts, then the
following provisions of this Section shall be applicable.
(b) The city council shall be elected at large. In cities
of less than 50,000 population, the council shall consist of
(i) the mayor and 4 councilmen or (ii) the mayor and 6
councilmen if the size of the city council is increased under
subsection (k). In cities of at least 50,000 but less than
100,000 population, the council shall consist of the mayor and
6 councilmen. In cities of at least 100,000 but not more than
500,000 population, the council shall consist of the mayor and
8 councilmen.
(c) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, the village board shall be elected at
large and shall consist of a president and the number of
trustees provided for in Section 5-2-15 or 5-2-17, whichever is
applicable.
(d) The term of office of the mayor and councilmen shall be
4 years, provided that in cities of less than 50,000, the 2
councilmen receiving the lowest vote at the first election
shall serve for 2 years only; in cities of at least 50,000 but
less than 100,000, the 3 councilmen receiving the lowest vote
at the first election shall serve for 2 years only; and in
cities of at least 100,000 but not more than 500,000, the 4
councilmen receiving the lowest vote at the first election

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shall serve for 2 years only.
(e) The election of councilmen shall be every 2 years.
After the first election, only 2 councilmen in cities of less
than 50,000, 3 councilmen in cities of at least 50,000 but less
than 100,000, or 4 councilmen in cities of at least 100,000 but
not more than 500,000, shall be voted for by each elector at
the primary elections, and only 2, 3, or 4 councilmen, as the
case may be, shall be voted for by each elector at each
biennial general municipal election, to serve for 4 years.
(f) In addition to the requirements of the general election
law, the ballots shall be in the form set out in Section
5-2-13. In cities with less than 50,000, the form of ballot
prescribed in Section 5-2-13 shall be further modified by
printing in the place relating to councilmen the words "Vote
for not more than Two", or "Vote for not more than Three" if
the size of the city council is increased under subsection (k),
instead of the words "Vote for not more than Four". In cities
of at least 50,000 but less than 100,000, the ballot shall be
modified in that place by printing the words "Vote for not more
than Three" instead of the words "Vote for not more than Four".
Sections 4-3-5 through 4-3-18, insofar as they may be
applicable, shall govern the election of a mayor and councilmen
under this Section.
(g) If a vacancy occurs in the office of mayor or
councilman, the remaining members of the council, within 60
days after the vacancy occurs, shall fill the vacancy by

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appointment of some person to the office for the balance of the
unexpired term or until the vacancy is filled by interim
election under Section 3.1-10-50, and until the successor is
elected and has qualified.
(h) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, in villages that have adopted this
Article 5 the term of office of the president, the number of
trustees to be elected, their terms of office, and the manner
of filling vacancies shall be governed by Sections 5-2-14
through 5-2-17.
(i) Any village that adopts the managerial form of
municipal government under this Article 5 and that, immediately
before that adoption, was governed by the provisions of Article
4, shall continue to elect a mayor and 4 commissioners in
accordance with Sections 4-3-5 through 4-3-18, insofar as they
may be applicable, except that the 2 commissioners receiving
the lowest vote among those elected at the first election after
this Article 5 becomes effective in the village shall serve for
2 years only. After that first election, the election of
commissioners shall be every 2 years, and 2 commissioners shall
be elected at each election to serve for 4 years.
(j) The mayor or president shall preside at all meetings of
the council or board and on all ceremonial occasions.
(k) In cities of less than 50,000 population, the city
council may, by ordinance, provide that the city council shall,

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after the next biennial general municipal election, consist of
6 instead of 4 councilmen. If the size of the council is
increased to 6 councilmen, then at the next biennial general
municipal election, the electors shall vote for 4 instead of 2
councilmen. Of the 4 councilmen elected at that next election,
the one receiving the lowest vote at that election shall serve
a 2-year term. Thereafter, all terms shall be for 4 years.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-17) (from Ch. 24, par. 5-2-17)
Sec. 5-2-17. Trustees; certain villages incorporated under
special Acts.
(a) In every village specified in Section 5-2-12
incorporated and existing under any special Act that, before
June 4, 1909, under any special Act, annually elected members
of its legislative body, the electors of the village, instead
of the legislative body now provided for by law, shall elect 6
trustees. They shall hold their offices until their respective
successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the
trustees shall be staggered. Thereafter, the terms shall be for
the same length of time as provided for alderpersons aldermen
in Section 3.1-20-35.
(b) The electors of a village or incorporated town
described in subsection (a) may, however, adopt a 2 year term
for their trustees as provided in Section 3.1-10-65. If this 2

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year term is adopted, then at the next general municipal
election in the adopting village, 3 trustees shall be elected,
and they shall hold their offices for terms of one year each.
In the next succeeding year, and in each year thereafter, 3
trustees shall be elected in the adopting village, and they
shall hold their offices for terms of 2 years each.
(c) Any village described in subsection (a) that, before
January 2, 1942, has adopted a 2 year term for its trustees and
is now electing 3 trustees each year shall continue to elect 3
trustees each year for a term of 2 years each. Any village
described in subsection (a) that, before January 2, 1942, has
adopted a 2 year term for its trustees but is not now electing
3 trustees each year shall elect 3 trustees at the next general
municipal election in that village, and they shall hold their
offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be elected,
and they shall hold their offices for terms of 2 years each.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-18) (from Ch. 24, par. 5-2-18)
Sec. 5-2-18. In any city which has adopted this Article 5
and which elects a mayor and councilmen as provided in Section
5-2-12, a proposition to elect alderpersons aldermen from wards
as provided in Article 3 of this Code, except that only one
alderperson alderman may be elected from each ward, shall be
certified by the city clerk to the proper election authority

HB3994 Engrossed - 125 - LRB101 15674 RJF 65023 b
who shall submit such proposition at the general municipal
election in accordance with the general election law, if a
petition signed by electors of the city numbering not less than
10% of the total vote cast for mayor at the last preceding
election, is filed with the city clerk.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city of.... be divided
into wards with one alderperson alderman to be YES
elected from each ward, but with the ----------------------
mayor to be elected from the city NO
at large?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then the sitting city council shall proceed to divide
the city into wards in the manner provided in Article 3 and one
alderperson alderman shall be elected from each ward at the
next general municipal election of any city officer. Upon the
election and qualification of such alderpersons aldermen the
terms of office of all sitting councilmen shall expire. After
the adoption of such proposition the provisions of Article 3
shall be applicable to the division of the city into wards and
to the election of the mayor and alderpersons aldermen of such
city, except that only one alderperson alderman shall be
elected from each ward.

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(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
Sec. 5-2-18.1. In any city or village which has adopted
this Article and also has elected to choose alderpersons
aldermen from wards or trustees from districts, as the case may
be, a proposition to elect the city council at large shall be
submitted to the electors in the manner herein provided.
Electors of such city or village, equal to not less than
10% of the total vote cast for all candidates for mayor or
president in the last preceding municipal election for such
office, may petition for the submission to a vote of the
electors of that city or village the proposition whether the
city council shall be elected at large. The petition shall be
in the same form as prescribed in Section 5-1-6, except that
said petition shall be modified as to the wording of the
proposition to be voted upon to conform to the wording of the
proposition as hereinafter set forth, and shall be filed with
the city clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election
authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be in substantially the following
form:

HB3994 Engrossed - 127 - LRB101 15674 RJF 65023 b
-------------------------------------------------------------
Shall the city (or village) of
.... elect the city council at YES
large instead of alderpersons aldermen ------------
(or trustees) from wards (or NO
districts)?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then the city council shall be elected at large at the
next general municipal election and the provisions of Section
5-2-12 shall be applicable. Upon the election and qualification
of such council men or trustees, the terms of all sitting
alderpersons aldermen shall expire.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.2) (from Ch. 24, par. 5-2-18.2)
Sec. 5-2-18.2. In any city which has adopted this Article,
and also has elected to choose alderpersons aldermen from
wards, a proposition to elect part of the city council at large
and part from districts shall be submitted to the electors upon
the petition herein provided.
Electors of such city, equal in number to not less than 10%
of the total vote cast for all candidates for mayor in the last
preceding municipal election for such office, may petition for
the submission to a vote of the electors of that city the
proposition whether part of the city council shall be elected

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at large and part from districts. The petition shall be in the
same form as prescribed in Section 5-1-6, except that said
petition shall be modified as to the wording of the proposition
to be voted upon, to conform to the wording of the proposition
as hereinafter set forth, and shall be filed with the city
clerk in accordance with the general election law. The city
clerk shall certify the proposition to the proper election
authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city of....
elect part of the councilmen YES
at large and part of ----------------------------
the councilmen from NO
districts?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then at the next general municipal election and every 4
years thereafter, a mayor and part of the councilmen shall be
elected at large and part of the councilmen shall be elected
from wards, the total number of councilmen to be elected to
equal the number of alderpersons aldermen authorized to be

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elected prior to adoption of the proposition.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and
contiguous territory as practicable and of approximately equal
population. The number of such districts shall be equal to half
the number of alderpersons aldermen then authorized to be
elected to office in such city. If there is an odd number of
such alderpersons aldermen, the number of districts
established shall be equal to the number which represents a
majority of the number of such alderpersons aldermen.
One councilman, who is an actual resident of the district,
shall be elected from each district. Only the electors of a
district shall elect a councilman from that district. The rest
of the number of councilmen authorized shall be elected at
large.
The mayor and councilmen shall hold their respective
offices for the term of 4 years and until their successors are
elected and qualified. Upon the election and qualification of
the councilmen, the terms of all sitting alderpersons aldermen
shall expire.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.7) (from Ch. 24, par. 5-2-18.7)
Sec. 5-2-18.7. In any city which has adopted this Article,
and is electing the city council at large or has elected to
choose alderpersons aldermen from wards, a proposition to elect

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part of the city council at large and part from districts with
staggered four year terms and biennial elections for councilmen
shall be submitted to the electors upon initiation in the
manner herein provided.
Electors of such city, equal in number to not less than 10%
of the total vote cast for all candidates for mayor in the last
preceding municipal election for such office, may petition for
submission, or, in the alternative, the city council may by
ordinance without a petition cause to be submitted, to a vote
of the electors of that city the proposition whether part of
the city council shall be elected at large and part from
districts with staggered four year terms and biennial elections
for councilmen. The petition shall be in the same form as
prescribed in Section 5-1-6, except that the petition shall be
modified as to the wording of the proposition to be voted upon,
to conform to the wording of the proposition as hereinafter set
forth, and shall be filed with the city clerk in accordance
with the general election law. The city clerk shall certify the
proposition to the proper election authorities who shall submit
the proposition at an election in accordance with the general
election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------

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Shall the city of....
elect part of the councilmen at large YES
and part of the councilmen from ----------------------
districts with staggered four year NO
terms and biennial elections?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then at the next general municipal election at which a
mayor is to be elected, a mayor and councilmen shall be elected
as hereinafter provided.
In cities of less than 50,000 population, the council shall
consist of the mayor and 6 councilmen, 2 councilmen being
elected at large and 4 councilmen being elected from districts.
In cities of 50,000 and not more than 500,000 population, the
council shall consist of the mayor and 8 councilmen, 3
councilmen being elected at large and 5 councilmen being
elected from districts.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and
contiguous territory as practicable and of approximately equal
population. The number of such districts shall be the same as
the number of councilmen to be elected from districts.
One councilman who is an actual resident of the district,
shall be elected from each district. Only the electors of a
district shall elect a councilman from that district. The rest
of the number of councilmen authorized shall be elected at

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large.
The term of office of the Mayor and Councilmen shall be 4
years, provided that at the first election the Councilmen
elected at large shall serve for 2 years only. Thereafter the
election of Councilmen shall be biennial, and after the first
election the Mayor and all Councilmen shall be elected for 4
year terms to fill expiring terms of incumbents.
The Mayor and Councilmen shall hold their respective
offices for the term of 4 years as herein provided, and until
their successors are elected and qualified. Upon the election
and qualification of the Councilmen, the terms of all sitting
alderpersons aldermen or councilmen elected at large pursuant
to the provisions of Section 5-2-12 shall expire.
For the first primary election a distinct ballot shall be
printed for each district. At the top of the ballot shall be
the following: CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor
is to be elected) AND COUNCILMEN OF THE CITY OF.... AT THE
PRIMARY ELECTION. Under the subtitle of FOR MAYOR (when
applicable) shall be placed the following: (VOTE FOR ONE).
There shall be placed below the names of the candidates for
Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
LARGE. Following this subtitle there shall be an instruction in
this form, to be altered, however, to conform to the facts:
(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen being
elected). Following the names of the candidates for councilmen
at large, there shall be another subtitle in the following

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form: FOR DISTRICT COUNCILMAN. Following this subtitle there
shall be the following direction: (VOTE FOR ONE). In other
respects the ballots shall conform to the applicable provisions
of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at the
primary election shall be nominees under each subtitle at the
general municipal election and, where but one officer is to be
elected, the 2 candidates receiving the highest number of votes
shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be
placed upon the ballot. Where 3 councilmen are to be elected,
the names of the 6 candidates receiving the highest number of
votes shall be placed upon the ballot.
The ballots for the election of officers at the first
general municipal election shall be prepared in compliance with
Section 4-3-16, with the following changes:
(1) Following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle: FOR COUNCILMAN
AT LARGE: following this subtitle shall be an instruction in
this form: (VOTE FOR NOT MORE THAN ....) (Insert number of
councilmen to be elected). The names of the nominees for
councilmen at large shall follow the instruction.

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(2) Following the names of the nominees for councilmen at
large shall be printed another subtitle: FOR DISTRICT
COUNCILMAN. Following this subtitle shall be an instruction in
this form: (VOTE FOR ONE) and following this instruction shall
be printed the names of the 2 nominees.
Thereafter, the ballots for the biennial election shall be
prepared as hereinafter provided.
For the primary election at which Councilmen at large are
to be elected the form of the ballot shall be as follows:
At the top of the ballot shall be the following: CANDIDATES
FOR NOMINATION FOR MAYOR (when Mayor is to be elected) AND
COUNCILMEN OF THE CITY OF.... AT THE PRIMARY ELECTION. Under
the subtitle of FOR MAYOR (when applicable) shall be placed the
following: (VOTE FOR ONE). There shall be placed below the
names of the candidates for Mayor, if any, another subtitle as
follows: FOR COUNCILMEN AT LARGE. Following this subtitle there
shall be an instruction in this form, to be altered, however,
to conform to the facts: (VOTE FOR NOT MORE THAN....) (Insert
number of Councilmen being elected).
For the primary election at which District Councilmen are
to be elected, a distinct ballot shall be printed for each
District. There shall be placed below the names of the
candidates for Mayor (when applicable) another subtitle as
follows: FOR DISTRICT COUNCILMAN. Following this subtitle
there shall be an instruction in this form: VOTE FOR ONE. In
all other respects the ballot shall conform to the applicable

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provisions of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at the
primary election shall be nominees under each subtitle at the
general municipal election and, where but one officer is to be
elected, the 2 candidates receiving the highest number of votes
shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be
placed upon the ballot. Where 3 councilmen are to be elected,
the names of the 6 candidates receiving the highest number of
votes shall be placed upon the ballot.
The ballots for the election of officers at the general
municipal election shall be prepared in compliance with Section
4-3-16, with the following changes:
(1) For elections where candidates for Councilmen at large
are being elected, following the names of candidates for Mayor
(when applicable) there shall be printed a subtitle as follows:
FOR COUNCILMEN AT LARGE. Following this subtitle there shall be
an instruction in this form: (VOTE FOR NOT MORE THAN....)
(Insert number of Councilmen to be elected). The names of the
nominees for Councilmen at large shall follow the instruction.
(2) For elections where district Councilmen are to be
elected, a distinct ballot shall be printed for each district,

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and following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle as follows: FOR
DISTRICT COUNCILMAN. Following this subtitle there shall be an
instruction in this form: (VOTE FOR ONE) and following this
instruction shall be printed the names of the 2 nominees for
district Councilman.
Vacancies shall be filled as prescribed in Section 5-2-12,
provided that a vacancy in the office of a District Councilman
shall be filled by a person who is an actual resident of the
district in which the vacancy occurs.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-19) (from Ch. 24, par. 5-2-19)
Sec. 5-2-19. In any city which was operating under the
alderperson aldermanic form of government as provided in
Article 3 at the time of adoption of this Article 5 which did
not also elect to continue to choose alderpersons aldermen from
wards, the city clerk and city treasurer shall be nominated and
elected in the same manner as provided in this Article 5 for
the nomination and election of the mayor and councilmen. To
achieve this result: wherever the term "mayor or commissioners"
appears in Sections 4-3-7 through 4-3-18, it shall be construed
to include the words "or clerk or treasurer". The names of
candidates for nomination shall be placed on the primary
election ballot prescribed in Section 5-2-13 and such ballot
shall be modified to include the heading "For Clerk--Vote for

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one" immediately following the names of candidates for
councilmen and to include the heading "For Treasurer--Vote for
one" immediately following the names of candidates for clerk.
The names of the 4 candidates receiving the highest number of
votes for each of the respective offices shall be placed on the
general municipal election ballot prescribed in Section 5-2-13
which ballot shall be modified to include such offices and
names in the same manner as is provided in this section for the
primary ballot. If any candidate nominated for the office of
clerk or treasurer dies or withdraws before the general
municipal election the name of the person receiving the fifth
highest number of votes for nomination to that office shall be
placed on the ballot for that election.
However, in any city not exceeding 100,000 inhabitants
which adopts this Article 5 and elects a mayor and alderpersons
aldermen or councilmen as provided in Section 5-2-12, or
Sections 5-2-18 through 5-2-18.8, the council may, in lieu of
electing a clerk and treasurer as provided in the above
paragraph, provide by ordinance that the clerk or treasurer or
both for such city be appointed by the mayor with the approval
of the city council. If such officers are appointed their terms
of office, duties, compensation and amount of bond required
shall be the same as if they were elected.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)

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Sec. 5-3-1. In cities which do not elect to choose
alderpersons aldermen from wards and in cities which elect to
choose councilmen as provided in Sections 5-2-18.1 through
5-2-18.7, the mayor shall have the right to vote on all
questions coming before the council but shall have no power to
veto. The mayor and president shall be recognized as the
official head of the city or village by the courts for the
purpose of serving civil process and by the Governor for all
legal purposes.
The mayor or president of any city or village which adopts
this Article 5, other than one which at the time of adoption
was operating under or adopted the commission form of
government as provided in Article 4 or which does not retain
the election of alderpersons aldermen by wards or trustees by
districts, shall have veto power as provided in Sections 5-3-2
through 5-3-4, and ordinances or measures may be passed over
his veto as therein provided. Such mayor or president shall
have the power to vote as provided in Section 5-3-5.
If any other Acts or any Article of this Code, other than
Article 3 or Article 4, provides for the appointment of a
board, commission, or other agency by the mayor or president,
such appointments shall be made in manner so provided.
(Source: P.A. 100-863, eff. 8-14-18.)
(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
Sec. 5-3-3. Every resolution and motion, specified in

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Section 5-3-2, and every ordinance, which is returned to the
council or board by the mayor or president shall be
reconsidered by the council or board. If, after such
reconsideration, two-thirds of all the alderpersons aldermen
then holding office on the city council or two-thirds of all
the trustees then holding office on the village board agree to
pass an ordinance, resolution, or motion, notwithstanding the
mayor's or president's refusal to approve it, then it shall be
effective. The vote on the question of passage over the mayor's
or president's veto shall be by yeas and nays, and shall be
recorded in the journal.
(Source: Laws 1967, p. 3425.)
(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
Sec. 5-3-4. No vote of the city council or village board
shall be reconsidered or rescinded at a special meeting, unless
there are present at the special meeting as many alderpersons
aldermen or trustees as were present when the vote was taken.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
Sec. 5-3-5. The mayor or president of any city or village
which elects alderpersons aldermen by wards or trustees by
districts shall not vote on any ordinance, resolution or motion
except: (1) where the vote of the alderpersons aldermen or
trustees has resulted in a tie; (or) (2) where one-half of the

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alderpersons aldermen or trustees then holding office have
voted in favor of an ordinance, resolution or motion even
though there is no tie vote; or (3) where a vote greater than a
majority of the corporate authorities is required by this Code
to adopt an ordinance, resolution or motion. In each instance
specified, the mayor or president shall vote. The following
mayors and presidents may vote on all questions coming before
the council or board: (1) mayors and presidents of cities and
villages operating under this article and Article 4, and (2)
mayors and presidents of cities and villages which do not elect
alderpersons aldermen by wards and trustees by districts.
Nothing in this section shall deprive an acting mayor or
president or mayor or president pro tem from voting in his
capacity as alderperson alderman or trustee, but he shall not
be entitled to another vote in his capacity as acting mayor or
president or mayor or president pro tem.
(Source: Laws 1967, p. 3425.)
(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
Sec. 5-3-7. The council or board of trustees, as the case
may be, shall appoint a municipal manager, who shall be the
administrative head of the municipal government and who shall
be responsible for the efficient administration of all
departments. He shall be appointed without regard to his
political beliefs and need not be a resident of the city or
village when appointed. The manager shall be appointed for an

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indefinite term, and the conditions of the manager's employment
may be set forth in an agreement. In the case of the absence or
disability of the manager, the council or village board may
designate a qualified administrative officer of the
municipality to perform the duties of the manager during such
absence or disability. The manager may at any time be removed
from office by a majority vote of the members of the council or
the board.
The powers and duties of the manager shall be:
(1) To enforce the laws and ordinances within the
municipality;
(2) To appoint and remove all directors of departments. No
appointment shall be made upon any basis other than that of
merit and fitness except that if the chief of the fire
department or the chief of the police department or both of
them are appointed in the manner as provided by ordinance under
Section 10-2.1-4 of this code, they may be removed or
discharged by the appointing authority. In such case the
appointing authority shall file with the corporate authorities
the reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities;
(3) To exercise control of all departments and divisions
thereof created in this Article 5, or that may be created by
the council or board of trustees;
(4) If the city or village was subject to the alderperson

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aldermanic form provisions of Article 3 at the time of adoption
of this Article 5 to appoint and remove all officers who are
not required to be elected by Article 3;
(5) To have all the powers and exercise all the duties
granted elsewhere in this Code to municipal clerks and
comptrollers with respect to the preparation of a report of
estimated funds necessary to defray the expenses of the city or
village for the fiscal year for the consideration of the
corporate authorities prior to the preparation of the annual
appropriation ordinance;
(6) To attend all meetings of the council or board of
trustees with the right to take part in the discussions, but
with no right to vote;
(7) To recommend to the council or board of trustees for
adoption such measures as he may deem necessary or expedient;
(8) To perform such other duties as may be prescribed by
this Article 5 or may be required of him by ordinance or
resolution of the board of trustees or council.
(Source: P.A. 86-1023; 86-1039.)
(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
Sec. 5-3-8. Under the general supervision and
administrative control of the manager, there shall be such
departments as the council or village board may prescribe by
ordinance.
All officers of any city or village shall take and

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subscribe the oath required by Section 5-3-9. All such
officers, except the mayor, president, alderpersons aldermen,
councilmen, and trustees, shall execute bonds in the manner
provided by Section 5-3-9, which bonds shall be filed with the
clerk of the council or clerk of the village board.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-4-1) (from Ch. 24, par. 5-4-1)
Sec. 5-4-1. The mayor and councilmen elected under the
provisions of Section 5-2-12 shall each receive for the
performance of their respective duties annual salaries fixed by
the council or village board. The corporate authorities in
cities which retain the election of alderpersons aldermen by
wards and the corporate authorities in villages shall receive
salaries as allowed in Sections 3-13-4 through 3-13-7,
whichever is appropriate.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-4-3) (from Ch. 24, par. 5-4-3)
Sec. 5-4-3. In cities of not less than 100,000 and not more
than 500,000 population which did not also elect to continue to
choose alderpersons aldermen from wards, the city clerk shall
receive a salary of not less than $8,500 per year and the city
treasurer shall receive a salary of not less than $7,000 per
year.
(Source: Laws 1961, p. 576.)

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(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
Sec. 5-5-1. Petition for abandonment of managerial form;
referendum; succeeding elections of officers and alderpersons
aldermen or trustees.
(a) A city or village that has operated for 4 years or more
under the managerial form of municipal government may abandon
that organization as provided in this Section. For the purposes
of this Article, the operation of the managerial form of
municipal government shall be deemed to begin on the date of
the appointment of the first manager in the city or village.
When a petition for abandonment signed by electors of the
municipality equal in number to at least 10% of the number of
votes cast for candidates for mayor at the preceding general
quadrennial municipal election is filed with the circuit court
for the county in which that city or village is located, the
court shall set a date not less than 10 nor more than 30 days
thereafter for a hearing on the sufficiency of the petition.
Notice of the filing of the petition and of the date of the
hearing shall be given in writing to the city or village clerk
and to the mayor or village president at least 7 days before
the date of the hearing. If the petition is found sufficient,
the court shall enter an order directing that the proposition
be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the
proposition to the proper election authorities for submission.

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The proposition shall be in substantially the following form:
Shall (name of city or village) retain the managerial
form of municipal government?
(b) If the majority of the votes at the election are "yes",
then the proposition to abandon is rejected and the
municipality shall continue operating under this Article 5. If
the majority of the votes are "no", then the proposition to
abandon operation under this Article 5 is approved.
(c) If the proposition for abandonment is approved, the
city or village shall become subject to Article 3.1 or Article
4, whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this
Article 5, upon the election and qualification of officers to
be elected at the next succeeding general municipal election.
Those officers shall be those prescribed by Article 3.1 or
Article 4, as the case may be, but the change shall not in any
manner or degree affect the property rights or liabilities of
the city or village. The mayor, clerk, and treasurer and all
other elected officers of a city or village in office at the
time the proposition for abandonment is approved shall continue
in office until the expiration of the term for which they were
elected.
(d) If a city or village operating under this Article 5 has
alderpersons aldermen or trustees elected from wards or
districts and a proposition to abandon operation under this
Article 5 is approved, then the officers to be elected at the

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next succeeding general municipal election shall be elected
from the same wards or districts as exist immediately before
the abandonment.
(e) If a city or village operating under this Article 5 has
a council or village board elected from the municipality at
large and a proposition to abandon operation under this Article
5 is approved, then the first group of alderpersons aldermen,
board of trustees, or commissioners so elected shall be of the
same number as was provided for in the municipality at the time
of the adoption of a plan under this Article 5, with the same
ward or district boundaries in cities or villages that
immediately before the adoption of this Article 5 had wards or
districts, unless the municipal boundaries have been changed.
If there has been such a change, the council or village board
shall so alter the former ward or district boundaries so as to
conform as nearly as possible to the former division. If the
plan authorized by this Article 5 is abandoned, the next
general municipal election for officers shall be held at the
time specified in Section 3.1-10-75 or 3.1-25-15 for that
election. The alderpersons aldermen or trustees elected at that
election shall, if the city or village was operating under
Article 3 at the time of adoption of this Article 5 and had at
that time staggered 4 year terms of office for the alderpersons
aldermen or trustees, choose by lot which shall serve initial 2
year terms as provided by Section 3.1-20-35 or 3.1-15-5,
whichever may be applicable, in the case of election of those

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officers at the first election after a municipality is
incorporated.
(f) The proposition to abandon the managerial form of
municipal government shall not be submitted in any city or
village oftener than once in 46 months.
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
Sec. 5-5-5. Any city or village which has adopted this
Article 5 and was operating under Article 4 at the time of such
adoption may upon abandonment of this Article 5 also abandon
operation under Article 4, as provided in Section 4-10-1, and
by so doing shall become subject to the alderperson aldermanic
form provisions of Article 3 and shall be subject to the
provisions of that Article 3 the same as if it had been
operating under Article 3 at the time this Article 5 was
adopted, except for any period of time after abandonment of
this Article 5 necessary to make the provisions of Article 3
fully and completely applicable.
Any city or village which has adopted this Article 5 and
was operating under Article 3 at the time of such adoption may
upon abandonment of this Article 5 also abandon operation under
Article 3 by adopting Article 4, as provided in Sections 4-2-2
through 4-2-9, and by so doing shall become subject to the
provisions of Article 4 and shall be subject to the provisions
of that Article 4 the same as if it had been operating under

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Article 4 at the time this Article 5 was adopted, except for
any period of time after abandonment of this Article 5
necessary to make the provisions of Article 4 fully and
completely applicable.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/6-3-2) (from Ch. 24, par. 6-3-2)
Sec. 6-3-2. Termination of terms of office.
The terms of office of all elected municipal officers
holding office at the time of the issuance of the certificate
of adoption of the strong mayor form of government by the
municipality pursuant to Division 2 of this Article 6 shall
terminate upon the election and qualification for office of
municipal officers pursuant to this Division 3 of Article 6,
except that where an existing form of municipal government has
the same number of wards as would be required hereunder, the
alderpersons aldermen holding office at the time of the
issuance of the certificate of adoption shall serve until the
expiration of the terms for which they were elected.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-3) (from Ch. 24, par. 6-3-3)
Sec. 6-3-3. Municipal officers - Terms.
The municipality shall have the following elected
officers: one mayor, one municipal clerk and one municipal
treasurer, all of whom shall be elected at large, and

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alderpersons aldermen, the number of which shall be as follows:
In cities not exceeding 25,000 inhabitants, 8 alderpersons
aldermen; between 25,001 and 40,000, 10 alderpersons aldermen;
between 40,001 and 60,000, 14 alderpersons aldermen; between
60,001 and 80,000, 16 alderpersons aldermen; and exceeding
80,000, 20 alderpersons aldermen. Two alderpersons aldermen
shall be elected to represent each ward.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-4) (from Ch. 24, par. 6-3-4)
Sec. 6-3-4. Terms of office.
All terms of office of officials elected pursuant to this
Division 3 of Article 6 shall be for terms of 4 years, except
that alderpersons aldermen elected at the first election for
city officers held pursuant to this Article 6 shall draw lots
so that one-half of the alderpersons aldermen shall hold for a
4 year term, and until their successors are elected and
qualified, and one-half of the alderpersons aldermen shall hold
for a 2 year term, and until their successors are elected and
qualified. All alderpersons aldermen thereafter elected shall
hold office for a term of 4 years, and until their successors
are elected and have qualified.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-5) (from Ch. 24, par. 6-3-5)
Sec. 6-3-5. Division into wards.

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Every city shall have as many wards as one-half the total
number of alderpersons aldermen to which the city is entitled.
The city council, from time to time shall divide the city into
that number of wards. In the formation of wards the population
of each ward as determined by the latest city, state or
national census shall be as nearly equal and the wards shall be
of as compact and contiguous territory, as practicable.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-6) (from Ch. 24, par. 6-3-6)
Sec. 6-3-6. Redistricting of city. Whenever an official
publication of any national, state, school, or city census
shows that any city contains more or less wards than it is
entitled to, the city council of the city, by ordinance, shall
redistrict the city into as many wards only as the city is
entitled. This redistricting shall be completed not less than
30 days before the first date on which candidate petitions may
be filed for the next succeeding general municipal election. At
this election there shall be elected the number of alderpersons
aldermen to which the city is entitled.
(Source: P.A. 81-1489.)
(65 ILCS 5/6-3-7) (from Ch. 24, par. 6-3-7)
Sec. 6-3-7. Ward division and election of alderpersons
aldermen - Validation.
If, after a census is officially published, any city is

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divided into a greater or lesser number of wards and has
elected a greater or lesser number of alderpersons aldermen
than the city is entitled, nevertheless such division and
election shall be valid and all acts, resolutions and
ordinances of the city council of such city, if in other
respects in compliance with law, are valid.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-8) (from Ch. 24, par. 6-3-8)
Sec. 6-3-8. Resignation; vacancy. An alderperson alderman
may resign from his or her office. A vacancy occurs in the
office of alderperson alderman by reason of resignation,
failure to elect or qualify, death, permanent physical or
mental disability, conviction of a disqualifying crime,
abandonment of office, or removal from office. If a vacancy
occurs in the office of alderperson alderman in one of these
ways or otherwise, the vacancy shall be filled as provided in
Sections 3.1-10-50 and 3.1-10-55. An appointment to fill a
vacancy shall be made within 60 days after the vacancy occurs.
The requirement that an appointment be made within 60 days is
an exclusive power and function of the State and is a denial
and limitation under Article VII, Section 6, subsection (h) of
the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)

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(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
Sec. 6-3-9. Qualifications of mayor, city clerk, city
treasurer and alderpersons aldermen - Eligibility for other
office.
No person shall be eligible to the office of mayor, city
clerk, city treasurer or alderperson alderman:
(1) Unless he is a qualified elector of the municipality
and has resided therein at least one year next preceding his
election or appointment; or
(2) Unless, in the case of alderpersons aldermen, he
resides within the ward for which he is elected; or
(3) If he is in arrears in the payment of any tax or other
indebtedness due to the city; or
(4) If he has been convicted in Illinois state courts or in
courts of the United States of malfeasance in office, bribery,
or other infamous crime.
No alderperson alderman shall be eligible to any office,
except that of acting mayor or mayor pro tem, the salary of
which is payable out of the city treasury, if at the time of
his appointment he is a member of the city council.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-10) (from Ch. 24, par. 6-3-10)
Sec. 6-3-10. General elections - Time for.
The first general election pursuant to this Division 3 of

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Article 6 shall be held at the time the next general municipal
election would have been held had the municipality not adopted
this Article 6. At the first general election so held, one
mayor, one municipal clerk, one municipal treasurer shall be
elected at large and two alderpersons aldermen shall be elected
from each ward.
(Source: P.A. 76-746.)
(65 ILCS 5/6-4-3) (from Ch. 24, par. 6-4-3)
Sec. 6-4-3. Reconsideration - Passage over veto.
Every ordinance, which is returned to the council by the
mayor shall be reconsidered by the council. If, after such
reconsideration, three-fifths of all the alderpersons aldermen
then holding office on the city council agree to pass an
ordinance, resolution, or motion, notwithstanding the mayor's
refusal to approve it, then it shall be effective.
(Source: P.A. 76-746.)
(65 ILCS 5/6-4-4) (from Ch. 24, par. 6-4-4)
Sec. 6-4-4. Vote of city council - Reconsideration.
No vote of the city council shall be reconsidered or
rescinded at a special meeting, unless there are present at the
special meeting as many alderpersons aldermen as were present
when the vote was taken.
(Source: P.A. 76-746.)

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(65 ILCS 5/6-5-1) (from Ch. 24, par. 6-5-1)
Sec. 6-5-1. Mayor, clerk, treasurer and alderpersons
aldermen.
The mayor, clerk, treasurer and alderpersons aldermen
elected under the provisions of this Article 6 shall each
receive for the performance of their respective duties annual
salaries fixed by the city council. Such salaries shall not be
increased or decreased during any term of office. They must be
established six months prior to general municipal elections at
which such officials are to be voted on.
(Source: P.A. 76-746.)
(65 ILCS 5/7-1-15) (from Ch. 24, par. 7-1-15)
Sec. 7-1-15. Any municipality may be annexed to another
municipality to which it adjoins, by ordinances passed by a
majority vote of all the alderpersons aldermen, trustees, or
commissioners then holding office in each municipality
desiring annexation. These ordinances shall specify the terms
of the annexation, and they shall be a binding contract if, but
only if:
(1) the annexation provided in these ordinances is
certified by the clerk to the proper election authority who
shall submit the question to a vote of the electors of both
municipalities at an election in accordance with the general
election law; and if
(2) the annexation is approved in each municipality by a

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majority of all the voters voting on that question in each
municipality. If the ordinances fail to specify the terms of
annexation or specify only partially the terms of annexation,
the provisions of this article relating to the annexation of
one municipality to another shall apply but not as to any terms
agreed to in the ordinances of annexation.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the municipality of YES
.... be annexed to the municipality ------------------------
of....? NO
-------------------------------------------------------------
Annexation shall neither affect nor impair any rights or
liabilities either in favor of or against either municipality.
Actions founded upon any right or liability may be commenced
despite the annexation and, together with pending actions, may
be prosecuted to final judgment and the enforcement thereof as
if annexation had not taken place.
(Source: P.A. 84-546.)
(65 ILCS 5/7-1-39) (from Ch. 24, par. 7-1-39)
Sec. 7-1-39. After a part of a municipality is annexed to
another municipality, any mayor, president, alderperson
alderman, trustee, clerk, treasurer, or attorney for the
disconnecting municipality, who resides in the detached

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territory, shall continue in office as an officer of the
disconnecting municipality until his successor has been
elected at the next regular municipal election in this
municipality and has qualified for office, or has been
appointed and has qualified following this election.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-42) (from Ch. 24, par. 7-1-42)
Sec. 7-1-42. Redistricting after annexation.
(a) If the increase in population resulting from the
annexation of any territory to a city under the alderperson
aldermanic form of government is sufficient to entitle that
city to an increase in the number of alderpersons aldermen as
provided in Section 3.1-20-10, the corporate authorities shall
redistrict the city in accordance with Sections 3.1-20-15 and
3.1-20-25. Section 3.1-20-10 shall govern as to the hold-over
alderpersons aldermen.
(b) If the increase in population is not sufficient to
entitle the city to an increase in the number of alderpersons
aldermen, the corporate authorities shall make the annexed
territory a part of the ward or wards that it adjoins.
(c) If a village of over 25,000 population is divided into
6 districts as provided in Section 3.1-25-75, the corporate
authorities shall make any territory annexed to the village a
part of the districts that the territory adjoins.
(d) Nothing contained in this Section 7-1-42 shall prevent

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the corporate authorities of any municipality from
redistricting the municipality according to law. Whenever the
enlarged annexing municipality is redistricted, the corporate
authorities are under no duty to treat the annexed territory as
a unit and they may divide it as if it had always been a part of
the municipality.
(e) The number of inhabitants determined by the last
national, state, or school census in the annexed territory and
in the annexing municipality controls in the application of
this Section.
(Source: P.A. 87-1119.)
(65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)
Sec. 7-2-1. Any 2 or more incorporated contiguous
municipalities wholly or substantially situated in a single
county may be united into one incorporated city by a compliance
with Sections 7-1-16 and 7-1-17, with the following exceptions:
(1) The petition (a) shall be signed by electors of each of
the municipalities seeking a union, (b) shall state the name by
which the united municipality is to be known, and (c) shall
state the form of municipal government under which the united
municipality is to be governed.
(2) The question shall be in substantially the following
form:
-------------------------------------------------------------
Shall the city, village, or

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incorporated town (as the
case may be) of............
and the city, village, or
incorporated town (as the case YES
may be) of..........., (and
in this manner as far as
necessary, filling blanks with
the names of the municipalities
to be united), be united --------------------------
into a single municipality
under the name of..........
with the........... form of
municipal government (filling
the blank with the word NO
"Alderperson" "Aldermanic" or "Commission"
or the words "Managerial With
Alderpersons Aldermen Chosen From Wards Or
Districts" as the case may be)?
-------------------------------------------------------------
No other proposition shall appear thereon.
If the majority of the votes cast in each municipality
specified in the petition is in favor of the proposition, the
municipalities are united.
(Source: P.A. 87-278.)
(65 ILCS 5/7-2-19) (from Ch. 24, par. 7-2-19)

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Sec. 7-2-19. Whenever a united city is formed by a
compliance with Section 7-2-1 and the decision is in favor of
an alderperson aldermanic form of municipal government, the
united city shall be governed, after the first election held in
compliance with Section 7-2-7, by a council composed of a mayor
and a board of alderpersons aldermen selected by the electors
of the united city as provided by the provisions of this Code
relating to the election of city officers, except that all
elections in a united city are controlled by the City Election
Law as provided in Section 7-2-6.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
Sec. 7-2-28. Whenever a united city is formed by a
compliance with Section 7-2-1 of municipal government with
alderpersons aldermen chosen from wards or districts, the
united city shall be and the decision is in favor of a
managerial form governed, after the first election held in
compliance with Section 7-2-7, by a council composed of a mayor
and a board of alderpersons aldermen selected by the electors
of the united city as provided by the provisions of this Code
relating to the election of city officers, except all elections
in a united city are controlled by the City Election Law as
provided in Section 7-2-6, and by a municipal manager appointed
by the council as provided in Article 5.
(Source: Laws 1965, p. 1267.)

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(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any work or other
public improvement which is not to be paid for in whole or in
part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed
either (1) by a contract let to the lowest responsible bidder
after advertising for bids, in the manner prescribed by
ordinance, except that any such contract may be entered into by
the proper officers without advertising for bids, if authorized
by a vote of two-thirds of all the alderpersons aldermen or
trustees then holding office; or (2) in the following manner,
if authorized by a vote of two-thirds of all the alderpersons
aldermen or trustees then holding office, to-wit: the
commissioner of public works or other proper officers to be
designated by ordinance, shall superintend and cause to be
carried out the construction of the work or other public
improvement and shall employ exclusively for the performance of
all manual labor thereon, laborers and artisans whom the
municipality shall pay by the day or hour; and all material of
the value of $25,000 and upward used in the construction of the
work or other public improvement, shall be purchased by
contract let to the lowest responsible bidder in the manner to
be prescribed by ordinance. However, nothing contained in this
section shall apply to any contract by a city, village or

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incorporated town with the federal government or any agency
thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil
service commission to the commissioner of public works or other
proper officers, in accordance with the requirement of that
division.
In municipalities of 500,000 or more population the letting
of contracts for work or other public improvements of the
character described in this section shall be governed by the
provisions of Division 10 of this Article 8.
(Source: P.A. 100-338, eff. 8-25-17.)
(65 ILCS 5/10-1-30) (from Ch. 24, par. 10-1-30)
Sec. 10-1-30. No officer or employee in the service of such
municipality shall, directly or indirectly, give or hand over
to any officer or employee in such service, or to any senator
or representative or alderperson alderman, councilman, trustee
or commissioner, any money or other valuable thing, on account
of or to be applied to the promotion of any party or political
object whatever.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-3-5) (from Ch. 24, par. 10-3-5)
Sec. 10-3-5. Any mayor, president, commissioner,
alderperson alderman, or trustee, who violates the provisions

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of Section 10-3-3, is guilty of a Class B misdemeanor.
(Source: P.A. 77-2500.)
(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
Sec. 11-13-1.1. The corporate authorities of any
municipality may in its ordinances passed under the authority
of this Division 13 provide for the classification of special
uses. Such uses may include but are not limited to public and
quasi-public uses affected with the public interest, uses which
may have a unique, special or unusual impact upon the use or
enjoyment of neighboring property, and planned developments. A
use may be a permitted use in one or more zoning districts, and
a special use in one or more other zoning districts. A special
use shall be permitted only after a public hearing before some
commission or committee designated by the corporate
authorities, with prior notice thereof given in the manner as
provided in Section 11-13-6 and 11-13-7. Any notice required by
this Section need not include a metes and bounds legal
description of the area classified for special uses, provided
that the notice includes: (i) the common street address or
addresses and (ii) the property index number ("PIN") or numbers
of all the parcels of real property contained in the area
classified for special uses. A special use shall be permitted
only upon evidence that such use meets standards established
for such classification in the ordinances, and the granting of
permission therefor may be subject to conditions reasonably

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necessary to meet such standards. In addition, any proposed
special use which fails to receive the approval of the
commission or committee designated by the corporate
authorities to hold the public hearing shall not be approved by
the corporate authorities except by a favorable majority vote
of all alderpersons aldermen, commissioners or trustees of the
municipality then holding office; however, the corporate
authorities may by ordinance increase the vote requirement to
two-thirds of all alderpersons aldermen, commissioners or
trustees of the municipality then holding office.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10. In municipalities of less than 500,000
population, where a variation is to be made by ordinance, upon
the report of the board of appeals, the corporate authorities,
by ordinance, without further public hearing, may adopt any
proposed variation or may refer it back to the board for
further consideration, and any proposed variation which fails
to receive the approval of the board of appeals shall not be
passed except by the favorable vote of two-thirds of all
alderpersons aldermen or trustees of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14. The regulations imposed and the districts

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created under the authority of this Division 13 may be amended
from time to time by ordinance after the ordinance establishing
them has gone into effect, but no such amendments shall be made
without a hearing before some commission or committee
designated by the corporate authorities. Notice shall be given
of the time and place of the hearing, not more than 30 nor less
than 15 days before the hearing, by publishing a notice thereof
at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population
in which no newspaper is published, publication may be made
instead by posting a notice in 3 prominent places within
municipality. In case of a written protest against any proposed
amendment of the regulations or districts, signed and
acknowledged by the owners of 20% of the frontage proposed to
be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the
20% of the frontage directly opposite the frontage proposed to
be altered, is filed with the clerk of the municipality, the
amendment shall not be passed except by a favorable vote of
two-thirds of the alderpersons aldermen or trustees of the
municipality then holding office. In such cases, a copy of the
written protest shall be served by the protestor or protestors
on the applicant for the proposed amendments and a copy upon
the applicant's attorney, if any, by certified mail at the

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address of such applicant and attorney shown in the application
for the proposed amendment. Any notice required by this Section
need not include a metes and bounds legal description, provided
that the notice includes: (i) the common street address or
addresses and (ii) the property index number ("PIN") or numbers
of all the parcels of real property contained in the affected
area.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
Sec. 11-13-14.1. Notwithstanding any other provision to
the contrary in this Division 13:
(A) The corporate authorities of any municipality may by
ordinance establish the position of hearing officer and
delegate to a hearing officer the authority to: (i) conduct any
public hearing -- other than a public hearing provided for in
Section 11-13-2 -- required to be held under this Division 13
in connection with applications for any special use, variation,
amendment or other change or modification in any ordinance of
the municipality adopted pursuant to this Division 13; and (ii)
hear and decide appeals from and review any order, requirement,
decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant
to this Division 13.
(B) When a hearing officer is designated to conduct a
public hearing in a matter otherwise required to be heard in

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accordance with this Division 13 by some commission or
committee designated by the corporate authorities of the
municipality: (i) notice of such hearing shall be given in the
same time and manner as is provided by this Division 13 for the
giving of notice of hearing when any such matter is to be heard
by some commission or committee designated by the corporate
authorities; (ii) the hearing officer shall exercise and
perform the same powers and duties as such commission or
committee is required to exercise and perform when conducting a
public hearing in any such matter; and (iii) the hearing
officer shall render a written recommendation to the corporate
authorities within such time and in such manner and form as the
corporate authorities shall require.
(C) When a hearing officer is designated to conduct a
public hearing in a matter otherwise required to be heard in
accordance with this Division 13 by the board of appeals, or
when a hearing officer is designated to hear and decide appeals
from and review any order, requirement, decision or
determination made by an administrative official charged with
the enforcement of any ordinance adopted pursuant to this
Division 13: (i) notice of hearing shall be given in the same
time and manner as is provided by this Division 13 for the
giving of notice of hearing when any such matter is to be heard
by the board of appeals; (ii) the hearing officer in passing
upon and determining any matter otherwise within the
jurisdiction of the board of appeals shall be governed by all

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of the standards, rules and conditions imposed by this Division
13 to govern the board of appeals when it passes upon and
determines any such matter; and (iii) the hearing officer shall
exercise and perform all of the powers and duties of the board
of appeals in the same manner and to the same effect as
provided in this Division 13 with respect to the board of
appeals, provided that:
1. When the hearing officer is passing upon an application
for variation or special use and the power to determine and
approve such variation or special use is reserved to the
corporate authorities, then upon report of the hearing officer
the corporate authorities may by ordinance without further
public hearing adopt any proposed variation or special use or
may refer it back to the hearing officer for further
consideration, and any proposed variation or special use which
fails to receive the approval of the hearing officer shall not
be passed except by the favorable vote of 2/3 of all
alderperson alderman or trustees of the municipality;
2. When the hearing officer is passing upon an application
for variation or special use and the power to determine and
approve such variation or special use is not reserved to the
corporate authorities, or when the hearing officer is hearing
and deciding appeals from or reviewing any order, requirement,
decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant
to this Division 13, the determination made by the hearing

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officer with respect to any such matter shall constitute a
final administrative decision which is subject to judicial
review pursuant to the provisions of the "Administrative Review
Law", as now or hereafter amended.
(D) The corporate authorities of the municipality may
provide general or specific rules implementing but not
inconsistent with the provisions of this Section, including
rules relative to the time and manner in which hearing officers
are designated to conduct public hearings and rules governing
the manner in which such hearings are conducted and matters
heard therein passed upon and determined.
(E) Hearing officers shall be appointed on the basis of
training and experience which qualifies them to conduct
hearings, make recommendations or findings of fact and
conclusions on the matters heard and otherwise exercise and
perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive
such compensation as the corporate authorities of the
municipality shall provide, and any municipality may establish
a schedule of fees to defray the costs of providing a hearing
officer.
(F) This Section is intended to furnish an alternative or
supplemental procedure which a municipality in its discretion
may provide for hearing, determining, reviewing and deciding
matters which arise under any ordinance adopted by the
municipality pursuant to this Division 13, but nothing in this

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Section shall be deemed to limit or prevent the use of any
existing procedure available to a municipality under this
Division 13 for hearing, approving or denying applications for
a special use, variation, amendment or other change or
modification of any such ordinance, or for hearing and deciding
appeals from and reviewing any order, requirement, decision or
determination made by an administrative official charged with
the enforcement of any such ordinance.
(Source: P.A. 84-960.)
(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
Sec. 11-80-5. The corporate authorities of each
municipality, with the concurrence of two-thirds of all of the
alderpersons aldermen, trustees or commissioners elected
therein, may levy and collect annually, in addition to all
other taxes now authorized by law, a tax of not to exceed .05%
of the value, as equalized or assessed by the Department of
Revenue, of the taxable property in the municipality, to be
used exclusively for the purpose of lighting streets. The tax
authorized by this Section is in addition to taxes for general
corporate purposes authorized by Section 8-3-1.
The foregoing tax rate limitation, insofar as it is
applicable to municipalities of less than 500,000 population,
may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
(Source: P.A. 86-280.)

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(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
Sec. 11-91-1. Whenever the corporate authorities of any
municipality, whether incorporated by special act or under any
general law, determine that the public interest will be
subserved by vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they may
vacate that street or alley, or part thereof, by an ordinance.
The ordinance shall provide the legal description or permanent
index number of the particular parcel or parcels of property
acquiring title to the vacated property. But this ordinance
shall be passed by the affirmative vote of at least
three-fourths of the alderpersons aldermen, trustees or
commissioners then holding office. This vote shall be taken by
ayes and noes and entered on the records of the corporate
authorities.
No ordinance shall be passed vacating any street or alley
under a municipality's jurisdiction and within an
unincorporated area without notice thereof and a hearing
thereon. At least 15 days prior to such a hearing, notice of
its time, place and subject matter shall be published in a
newspaper of general circulation within the unincorporated
area which the street or alley proposed for vacation serves. At
the hearing all interested persons shall be heard concerning
the proposal for vacation.
The ordinance may provide that it shall not become

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effective until the owners of all property or the owner or
owners of a particular parcel or parcels of property abutting
upon the street or alley, or part thereof so vacated, shall pay
compensation in an amount which, in the judgment of the
corporate authorities, shall be the fair market value of the
property acquired or of the benefits which will accrue to them
by reason of that vacation, and if there are any public service
facilities in such street or alley, or part thereof, the
ordinance shall also reserve to the municipality or to the
public utility, as the case may be, owning such facilities,
such property, rights of way and easements as, in the judgment
of the corporate authorities, are necessary or desirable for
continuing public service by means of those facilities and for
the maintenance, renewal and reconstruction thereof. If the
ordinance provides that only the owner or owners of one
particular parcel of abutting property shall make payment, then
the owner or owners of the particular parcel shall acquire
title to the entire vacated street or alley, or the part
thereof vacated.
The determination of the corporate authorities that the
nature and extent of the public use or public interest to be
subserved in such as to warrant the vacation of any street or
alley, or part thereof, is conclusive, and the passage of such
an ordinance is sufficient evidence of that determination,
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining

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any street or alley, or part thereof, constitutes a public use
or public interest authorizing the vacation.
When property is damaged by the vacation or closing of any
street or alley, the damage shall be ascertained and paid as
provided by law.
(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
(65 ILCS 5/11-101-2) (from Ch. 24, par. 11-101-2)
Sec. 11-101-2. Whenever the corporate authorities of any
municipality have established an airport outside the corporate
limits of the municipality and have determined that it is
essential to the proper and safe construction and maintenance
of such airport to vacate any roads, highways, streets, alleys,
or parts thereof in unincorporated territory lying within the
airport area or any enlargement thereof, and have determined
that the public interest will be subserved by such vacation,
they may vacate such roads, highways, streets, alleys, or parts
thereof, by an ordinance. Provided however, that such
municipality shall have first acquired the land on both sides
of such roads, highways, streets, alleys, or parts thereof;
provided, also, that in the case of a road, highway, street or
alley or part thereof, under the jurisdiction of the Department
of Transportation, the consent of the Department shall be
obtained before the ordinance shall become effective. Such
ordinance shall be passed by the affirmative vote of at least
3/4 of all alderpersons aldermen, trustees or commissioners

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authorized by law to be elected. Such vacation shall be
effective upon passage of the ordinance and recording of a
certified copy thereof with the recorder of the county within
which the roads, highways, streets, alleys, or parts thereof
are situated.
(Source: P.A. 83-358.)
Section 30. The Revised Cities and Villages Act of 1941 is
amended by changing Sections 21-5.1, 21-7, and 21-14 and the
heading of Article prec. Sec. 21-22 and Sections 21-22, 21-23,
21-24, 21-25, 21-26, 21-27, 21-28, 21-29, 21-30, 21-32, 21-33,
21-34, 21-38, 21-39, 21-40, and 21-41 as follows:
(65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)
Sec. 21-5.1. Vice Mayor - Election - Duties -
Compensation.) Following election and qualification of
alderpersons aldermen at a general election as provided by
Section 21-22 of this Act, the City Council shall elect, from
among its members, a Vice Mayor, to serve as interim Mayor of
Chicago in the event that a vacancy occurs in the office of
Mayor or in the event that the Council determines, by 3/5 vote,
that the Mayor is under a permanent or protracted disability
caused by illness or injury which renders the Mayor unable to
serve. The Vice Mayor shall serve as interim Mayor. He will
serve until the City Council shall elect one of its members
acting Mayor or until the mayoral term expires.

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The Vice Mayor shall receive no compensation as such, but
shall receive compensation as an alderperson alderman even
while serving as interim Mayor. While serving as interim Mayor,
the Vice Mayor shall possess all rights and powers and shall
perform the duties of Mayor.
(Source: P.A. 80-308.)
(65 ILCS 20/21-7) (from Ch. 24, par. 21-7)
Sec. 21-7. Compensation of officers.
The compensation of all officers shall be by salary. No
officer shall be allowed any fees, perquisites or emoluments or
any reward or compensation aside from his salary, but all fees
and earnings of his office or department shall be paid by him
into the city treasury. The city council shall fix the salaries
of all officers, except those who are elected or appointed for
a definite term fixed by statute, in the annual appropriation
ordinance and those salaries shall not be altered during the
same fiscal year. The city council, by ordinance other than the
appropriation ordinance, shall fix the compensation of each
officer who is elected or appointed for a definite term fixed
by statute and his salary shall not be increased or diminished
during his term of office. The chairman of the finance
committee of the city council shall receive in addition to his
or her salary as an alderperson alderman such additional
compensation, not exceeding $3,500.00 per annum, as may be
provided in the annual appropriation ordinance for his or her

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services as chairman of said committee.
(Source: Laws 1947, p. 497.)
(65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
Sec. 21-14. Member residency before election; member not to
hold other office.
(a) No member may be elected or appointed to the city
council after the effective date of this amendatory Act of the
93rd General Assembly unless he or she has resided in the ward
he or she seeks to represent at least one year next preceding
the date of the election or appointment. In the election
following redistricting, a candidate for alderperson alderman
may be elected from any ward containing a part of the ward in
which he or she resided for 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 the reelection.
(b) No member of the city council shall at the same time
hold any other civil service office under the federal, state or
city government, except if such member is granted a leave of
absence from such civil service office, or except in the
National Guard, or as a notary public, and except such honorary
offices as go by appointment without compensation.
(Source: P.A. 93-847, eff. 7-30-04.)

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(65 ILCS 20/prec. Sec. 21-22 heading)
ELECTION OF ALDERPERSONS ALDERMEN
(65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
Sec. 21-22. General election for alderpersons aldermen;
vacancies.
(a) A general election for alderpersons aldermen shall be
held in the year 1943 and every 4 years thereafter, at which
one alderperson alderman shall be elected from each of the 50
wards provided for by this Article. The alderpersons aldermen
elected shall serve for a term of 4 years beginning at noon on
the third Monday in May following the election of city
officers, and until their successors are elected and have
qualified. All elections for alderpersons aldermen shall be in
accordance with the provisions of law in force and operative in
the City of Chicago for such elections at the time the
elections are held.
(b) Vacancies occurring in the office of alderperson
alderman shall be filled in the manner prescribed for filling
vacancies in Section 3.1-10-51 of the Illinois Municipal Code.
An appointment to fill a vacancy shall be made within 60 days
after the vacancy occurs. The requirement that an appointment
be made within 60 days is an exclusive power and function of
the State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution of the
power of a home rule municipality to require that an

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appointment be made within a different period after the vacancy
occurs.
(Source: P.A. 95-1041, eff. 3-25-09.)
(65 ILCS 20/21-23) (from Ch. 24, par. 21-23)
Sec. 21-23. Salaries of alderpersons aldermen.
The alderpersons aldermen in office when this article is
adopted and the alderpersons aldermen elected under the
provisions of this article may receive for their services such
compensation as shall be fixed by ordinance, at the rate of not
to exceed eight thousand dollars per annum for each alderperson
alderman.
(Source: Laws 1953, p. 1781.)
(65 ILCS 20/21-24) (from Ch. 24, par. 21-24)
Sec. 21-24. Application - Recall elections. The provisions
of this Article shall apply to all elections for alderpersons
aldermen in the city of Chicago. The name of no person shall be
printed upon the official ballot as a candidate for alderperson
alderman, unless the terms of this Article shall have been
complied with. If recall elections are provided for, to be held
within the city of Chicago, the provisions of this Article
shall apply to such elections, except to the extent that
provisions inconsistent herewith are made by the law providing
for such recall elections.
(Source: Laws 1941, vol. 2, p. 19.)

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(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
Sec. 21-25. Times for elections.) General elections for
alderpersons aldermen shall be held in the year or years fixed
by law for holding the same, on the last Tuesday of February of
such year. Any supplementary election for alderpersons
aldermen held under the provisions of this article shall be
held on the first Tuesday of April next following the holding
of such general aldermanic election of alderpersons.
(Source: P.A. 80-1469.)
(65 ILCS 20/21-26) (from Ch. 24, par. 21-26)
Sec. 21-26. Candidates receiving majority elected -
Supplementary elections.
The candidate receiving a majority of the votes cast for
alderperson alderman in each ward at any general or special
election shall be declared elected. In the event that no
candidate receives a majority of such votes in any ward or
wards a supplementary election shall be held at the time
prescribed in Section 21-25. At such supplementary election the
names of the candidates in each of such wards receiving the
highest and second highest number of votes at the preceding
general or special election and no others shall be placed on
the official ballot: Provided, however, that if there be any
candidate who, under the provisions of this Section would have
been entitled to a place on the ballot at the supplementary

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election except for the fact that some other candidate received
an equal number of votes, then all such candidates receiving
such equal number of votes shall have their names printed on
the ballot as candidates at such succeeding supplementary
election. The candidate receiving the highest number of votes
at such supplementary election shall be declared elected. Such
supplementary election shall be deemed a special election under
the election and ballot laws in force in the city of Chicago
and shall be governed thereby except in so far as such laws are
inconsistent with the provisions of this article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-27) (from Ch. 24, par. 21-27)
Sec. 21-27. Election contest-Complaint. Any candidate
whose name appears on the ballots used in any ward of the city
at any election for alderperson alderman, may contest the
election of the candidate who appears to be elected from such
ward on the face of the returns, or may contest the right of
the candidates who appear to have received the highest and
second highest number of votes to places on the official ballot
at any supplementary election, by filing within 5 days after
such election with the Clerk of the Circuit Court of Cook
County, a complaint in writing, verified by the candidate
making the contest, setting forth the grounds of the contest.
The contestant in each contest shall also serve notice on all
persons who were candidates for alderperson alderman of such

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ward at the election, within such 5 days, informing them that
such complaint has been or will be filed. The Circuit Court of
Cook County shall have jurisdiction to hear and determine such
contest. All proceedings in relation to such contest after the
filing of such complaint shall be the same, as near as may be,
as provided for in the case of a contest at a primary election
in such city. In case the court shall decide that the complaint
is insufficient in law, or that the candidate who appears to
have been elected on the face of the return has been duly
elected, the complaint shall be dismissed. If it shall appear
to the satisfaction of the court that the face of the returns
are not correct, and that the candidate who appears thereby to
have been elected was not in fact elected, then the candidates
having the highest and second highest number of votes as
determined by such contest shall be candidates at the
subsequent supplementary election as provided for in section
21-26.
(Source: P.A. 83-334.)
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
Sec. 21-28. Nomination by petition.
(a) All nominations for alderperson alderman of any ward in
the city shall be by petition. Each petition for nomination of
a candidate shall be signed by at least 473 legal voters of the
ward.
(b) All nominations for mayor, city clerk, and city

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treasurer in the city shall be by petition. Each petition for
nomination of a candidate must be signed by at least 12,500
legal voters of the city.
(c) All such petitions, and procedure with respect thereto,
shall conform in other respects to the provisions of the
election and ballot laws then in force in the city of Chicago
concerning the nomination of independent candidates for public
office by petition. The method of nomination herein provided is
exclusive of and replaces all other methods heretofore provided
by law.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
(65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
Sec. 21-29. Withdrawals and substitution of candidates.
Any candidate for alderperson alderman under the
provisions of this article may withdraw his name as a candidate
by filing with the board of election commissioners of the city
of Chicago not later than the date of certification of the
ballot his written request signed by him and duly acknowledged
before an officer qualified to take acknowledgements of deeds,
whereupon his name shall not be printed as a candidate upon the
official ballot.
If any candidate at an aldermanic election of alderpersons
who was not elected as provided for in this article but who
shall have received sufficient votes to entitle him to a place
on the official ballot at the ensuing supplementary election

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shall die or withdraw his candidacy before such supplementary
election, the name of the candidate who shall receive the next
highest number of votes shall be printed on the ballot in lieu
of the name of the candidate who shall have died or withdrawn
his candidacy.
(Source: P.A. 96-1008, eff. 7-6-10.)
(65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
Sec. 21-30. Form of ballot. Ballots to be used at any
general, supplementary or special election for alderpersons
aldermen held under the provisions of this Article, in addition
to other requirements of law, shall conform to the following
requirements:
(1) At the top of the ballots shall be printed in
capital letters the words designating the ballot. If a
general aldermanic election of alderpersons the words
shall be "Official aldermanic election of alderpersons
ballot"; if a supplementary election the designating words
shall be "Official supplementary aldermanic election of
alderpersons ballot"; if a special aldermanic election of
alderpersons, the words shall be "Special aldermanic
election of alderpersons ballot."
(2) Beginning not less than one inch below such
designating words and extending across the face of the
ballot, the title of each office to be filled shall be
printed in capital letters.

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(3) The names of candidates for different terms of
service therein (if any there be), shall be arranged and
printed in groups according to the length of such terms.
(4) Immediately below the title of each office or group
heading indicating the term of office, shall be printed in
small letters the directions to voters, "Vote for one."
(5) Following thereupon shall be printed the names of
the candidates for such office according to the title and
the term thereof and below the name of each candidate shall
be printed his place of residence, stating the street and
number (if any). The names of candidates shall be printed
in capital letters not less than one-eighth nor more than
one-quarter of an inch in height, and immediately at the
left of the name of each candidate shall be printed a
square, the sides of which shall not be less than
one-quarter of an inch in length. The names of all the
candidates for each office shall be printed in a column and
arranged in the order hereinafter designated; all names of
candidates shall be printed in uniform type; the places of
residence of such candidates shall be printed in uniform
type; and squares upon said ballots shall be of uniform
size; and spaces between the names of the candidates for
the same office shall be of uniform size.
(6) The names of the candidates for alderperson
alderman shall appear upon the ballot in the order in which
petitions for nomination have been filed in the office of

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the board of election commissioners. However, 2 or more
petitions filed within the last hour of the filing deadline
shall be deemed filed simultaneously. Where 2 or more
petitions are received simultaneously, the board of
election commissioners shall break ties and determine the
order of filing by means of a lottery or other fair and
impartial method of random selection approved by the board
of election commissioners. Such lottery shall be conducted
within 9 days following the last day for petition filing
and shall be open to the public. Seven days written notice
of the time and place of conducting such random selection
shall be given, by the board of election commissioners, to
the Chairman of each political party and to each
organization of citizens within the city which was
entitled, under the Election Code, at the next preceding
election, to have pollwatchers present on the day of
election. The board of election commissioners shall post in
a conspicuous, open and public place, at the entrance of
the office, notice of the time and place of such lottery.
The board of election commissioners shall adopt rules and
regulations governing the procedures for the conduct of
such lottery.
(Source: P.A. 98-115, eff. 7-29-13.)
(65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
Sec. 21-32. Party designations prohibited - Ballot to be

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separate from other ballots. No party name, party initial,
party circle platform, principle, appellation or
distinguishing mark of any kind shall be printed upon any
election ballot used at any election for mayor, city clerk,
city treasurer, or alderperson alderman held under the
provisions of this Article.
(Source: P.A. 98-115, eff. 7-29-13.)
(65 ILCS 20/21-33) (from Ch. 24, par. 21-33)
Sec. 21-33. Challengers and watchers.
Any candidate for alderperson alderman under the terms of
this article may appoint in writing over his signature not more
than one representative for each place of voting, who shall
have the right to act as challenger and watcher for such
candidate at any election at which his name is being voted
upon. Such challenger and watcher shall have the same powers
and privileges as a challenger and watcher under the election
laws of this State applicable to Chicago. No political party
shall have the right to keep any challenger or watcher at any
polling place at any election held under the provisions of this
article unless candidates for some office other than
alderperson alderman are to be voted for at the same time.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-34) (from Ch. 24, par. 21-34)
Sec. 21-34. Certificate of election.

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No certificate of election shall be given to any candidate
who shall be declared elected at any general aldermanic
election of alderpersons until after the date fixed by this
Article for the holding of the supplementary election provided
for in this Article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-38) (from Ch. 24, par. 21-38)
Sec. 21-38. Redistricting every ten years.
If the city council has not redistricted the city of
Chicago since the taking of the national census of 1940, then
within three months after the adoption of this article by the
voters it shall be the duty of the city council to pass an
ordinance redistricting the city into fifty wards in accordance
with the provisions of this article.
On or before the first day of December, of the year
following the year in which the national census is taken, and
every ten years thereafter, the city council shall by ordinance
redistrict the city on the basis of the national census of the
preceding year. All elections of alderpersons aldermen shall be
held from the existing wards until a redistricting is had as
provided for in this article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-39) (from Ch. 24, par. 21-39)
Sec. 21-39. When redistricting ordinance takes effect -

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Substitute ordinance may be submitted. No such redistricting
ordinance shall take effect until the expiration of 15 days
after its passage. If within such 15 days 1/5 or more of the
alderpersons aldermen elected, who did not vote to pass such
redistricting ordinance, file with the city clerk a proposed
substitute ordinance redistricting the city in accordance with
the provisions of this article, together with a petition signed
by them demanding that the question of the adoption of the
redistricting ordinance passed by the city council, together
with the question of the adoption of such substitute ordinance,
be submitted to the voters, then such redistricting ordinance
passed by the city council shall not go into effect until the
question of this adoption shall have been submitted to a
popular vote: Provided, that no alderperson alderman shall have
the right to sign more than one such petition. Upon the
expiration of such 15 days the city clerk shall promptly
certify to the board of election commissioners of the city of
Chicago, the ordinance passed by the city council and such
substitute ordinance or ordinances and petition or petitions,
and it shall thereupon be the duty of the board of election
commissioners to submit the ordinances so certified to a
popular vote at the next general or municipal election, to be
held in and for the entire city not less than 40 days after the
passage of such redistricting ordinance by the city council.
(Source: P.A. 81-1489.)

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(65 ILCS 20/21-40) (from Ch. 24, par. 21-40)
Sec. 21-40. Failure of council to act - One-fifth of the
alderpersons aldermen may submit redistricting ordinance.
If the city council shall fail at any time to pass a
redistricting ordinance as required in this article, one-fifth
or more of the alderpersons aldermen elected shall have the
right to file with the city clerk, not less than 40 days before
the date of holding any general, municipal, or special
election, to be held in and for the entire city, an ordinance
redistricting the city in accordance with the provisions of
this article, together with a petition signed by them demanding
that such ordinance be submitted to the legal voters at the
next such election in and for the entire city to be held not
less than 40 days after the filing of such ordinance and
petition: Provided, that no alderperson alderman shall have the
right to sign more than one such petition. Upon the expiration
of the time for filing any such ordinance the city clerk shall
promptly certify to the board of election commissioners of the
city of Chicago any ordinance or ordinances, together with any
petition or petitions, so filed and thereupon it shall be the
duty of the board of election commissioners to submit such
ordinance or ordinances to a popular vote at the election
specified in such petition or petitions: Provided, that if,
after the filing of any such ordinance and petition and not
less than 40 days prior to such election, the city council
shall pass an ordinance redistricting the city, then the

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question of the adoption of any ordinance or ordinances filed
with the city clerk in accordance with the provisions of this
section shall not be submitted to a popular vote. However,
after such action by the city council, a substitute ordinance
or ordinances may be proposed in the manner provided in this
article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-41) (from Ch. 24, par. 21-41)
Sec. 21-41. Redistricting ordinance submitted - Form of
ballot.
If the question of the adoption of one of two or more
redistricting ordinances is submitted to the voters at any
election, the ballots used for the submission of such
proposition shall, in addition to the other requirements of
law, conform substantially to the following requirements:
1. Above the propositions submitted the following words
shall be printed in capital letters:
"PROPOSITIONS FOR THE REDISTRICTING OF THE CITY OF
CHICAGO."
2. Immediately below said words shall be printed in small
letters the direction to voters:
"Vote for One."
3. Following thereupon shall be printed each proposition to
be voted upon in substantially the following form:

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-------------------------------------------------------------
For the adoption of an ordinance for the redistricting
of the City of Chicago (here insert "passed by the city
council" or "proposed by Alderpersons Aldermen (here
insert names of the alderpersons aldermen signing
petition)" as the case may require.
-------------------------------------------------------------
For the adoption of an ordinance for the redistricting
of the City of Chicago proposed by Alderpersons Aldermen
(here insert names of the alderpersons aldermen signing the
petition).
-------------------------------------------------------------
Whenever the question of the adoption of but one
redistricting ordinance shall be submitted to the voters, the
form of the ballot shall be substantially as follows:
-------------------------------------------------------------
Shall the ordinance proposed by Alderpersons Aldermen
(Here insert the names of the alderpersons aldermen signing
the petition) be adopted?
---------------------------------------------------------
YES NO
-------------------------------------------------------------
4. All the propositions shall be printed in uniform type.

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(Source: Laws 1941, vol. 2, p. 19.)
Section 35. The Civic Center Code is amended by changing
Sections 210-20, 210-25, 270-20, and 270-25 as follows:
(70 ILCS 200/210-20)
Sec. 210-20. Board members designated. The mayor and
alderpersons aldermen, ex officio, of the City of Pontiac shall
be the members of the Board. Before entering upon the duties of
his office, each member of the Board shall take and subscribe
the constitutional oath of office and file it in the office of
the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/210-25)
Sec. 210-25. Board members; terms. Members of the Board
shall hold office until their respective successors as mayor or
alderpersons aldermen of the City of Pontiac have been
appointed and qualified.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/270-20)
Sec. 270-20. Board members. The mayor and alderpersons
aldermen, ex officio, of the City of Waukegan shall be the
members of the Board. Before entering upon the duties of his
office, each member of the Board shall take and subscribe the

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constitutional oath of office and file it in the office of the
Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/270-25)
Sec. 270-25. Board member terms. Members of the Board shall
hold office until their respective successors as mayor or
alderpersons aldermen of the City of Waukegan have been
appointed and qualified.
(Source: P.A. 90-328, eff. 1-1-98.)
Section 40. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 5.6 as follows:
(70 ILCS 210/5.6)
Sec. 5.6. Marketing agreement.
(a) The Authority shall enter into a marketing agreement
with a not-for-profit organization headquartered in Chicago
and recognized by the Department of Commerce and Economic
Opportunity as a certified local tourism and convention bureau
entitled to receive State tourism grant funds, provided the
bylaws of the organization establish a board of the
organization that is comprised of 35 members serving 3-year
staggered terms, including the following:
(1) no less than 8 members appointed by the Mayor of
Chicago, to include:

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(A) a Chair of the board of the organization
appointed by the Mayor of the City of Chicago from
among the business and civic leaders of Chicago who are
not engaged in the hospitality business or who have not
served as a member of the Board or as chief executive
officer of the Authority; and
(B) 7 members from among the cultural, economic
development, or civic leaders of Chicago;
(2) the chairperson of the interim board or Board of
the Authority, or his or her designee;
(3) a representative from the department in the City of
Chicago that is responsible for the operation of
Chicago-area airports;
(4) a representative from the department in the City of
Chicago that is responsible for the regulation of
Chicago-area livery vehicles;
(5) at least 1, but no more than:
(A) 5 members from the hotel industry;
(B) 5 members representing Chicago arts and
cultural institutions or projects;
(C) 2 members from the restaurant industry;
(D) 2 members employed by or representing an entity
responsible for a trade show;
(E) 2 members representing unions;
(F) 2 members from the attractions industry; and
(6) the Director of the Illinois Department of Commerce

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and Economic Opportunity, ex officio.
The bylaws of the organization may provide for the
appointment of a City of Chicago alderperson alderman as an ex
officio member, and may provide for other ex officio members
who shall serve terms of one year.
Persons with a real or apparent conflict of interest shall
not be appointed to the board. Members of the board of the
organization shall not serve more than 2 terms. The bylaws
shall require the following: (i) that the Chair of the
organization name no less than 5 and no more than 9 members to
the Executive Committee of the organization, one of whom must
be the chairperson of the interim board or Board of the
Authority, and (ii) a provision concerning conflict of interest
and a requirement that a member abstain from participating in
board action if there is a threat to the independence of
judgment created by any conflict of interest or if
participation is likely to have a negative effect on public
confidence in the integrity of the board.
(b) The Authority shall notify the Department of Revenue
within 10 days after entering into a contract pursuant to this
Section.
(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10;
97-1122, eff. 8-27-12.)
Section 45. The Beardstown Regional Flood Prevention
District Act is amended by changing Section 10 as follows:

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(70 ILCS 755/10)
Sec. 10. Commissioners.
(a) The affairs of the district shall be managed by a board
of 7 commissioners: one shall be appointed by the chairperson
of the county board; one shall be appointed by the Mayor of the
City of Beardstown; one shall be appointed by the Beardstown
Sanitary District; one shall be appointed by the South
Beardstown Levee and Drainage District; one shall be appointed
by the Valley Levee and Drainage District; one shall be
appointed by the Lost Creek Levee and Drainage District; and
one shall be appointed by a majority vote of the other 6
commissioners. All initial appointments under this Section
must be made within 60 days after the district is organized.
(b) Of the initial appointments, 3 commissioners shall
serve a 2-year term and 4 commissioners shall serve a 4-year
term, as determined by lot. Their successors shall be appointed
for 4-year terms. No commissioner may serve for more than 20
years. Vacancies shall be filled in the same manner as original
appointments.
(c) Each commissioner must be a legal voter in Cass County,
and all commissioners shall reside in and own property that is
located within the district. Commissioners shall serve without
compensation, but may be reimbursed for reasonable expenses
incurred in the performance of their duties.
(d) A majority of the commissioners shall constitute a

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quorum of the board for the transaction of business. An
affirmative vote of a majority of the commissioners shall be
sufficient to approve any action or expenditure.
(e) An alderperson alderman of the City of Beardstown, a
member of the county board, and a commissioner of each of the
aforementioned drainage districts and sanitation district may
be appointed to serve concurrently as commissioners of the
district, and the appointment shall be deemed lawful and not to
constitute a violation of the Public Officer Prohibited
Activities Act, nor to create an impermissible conflict of
interest or incompatibility of offices.
(Source: P.A. 97-309, eff. 8-11-11.)
Section 50. The Park System Civil Service Act is amended by
changing Section 23 as follows:
(70 ILCS 1210/23) (from Ch. 24 1/2, par. 102)
Sec. 23. No officer or employee in the service of any such
park district shall, directly or indirectly, give or hand over
to any officer or employee in said classified civil service, or
to any senator or representative or alderperson alderman,
councilman or park commissioner, any money or other valuable
thing on account of or to be applied to the promotion of any
party or political object whatever.
(Source: Laws 1911, p. 211.)

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Section 55. The Park Annuity and Benefit Fund Civil Service
Act is amended by changing Section 25 as follows:
(70 ILCS 1215/25) (from Ch. 24 1/2, par. 138)
Sec. 25. No officer or employee in the service of such Park
Employees' and Retirement Board Employees' Annuity and Benefit
Fund shall, directly or indirectly, give or hand over to any
officer or employee in said classified civil service, or to any
senator, representative, alderperson alderman, councilman,
park commissioner or trustee, any money or other valuable thing
on account of or to be applied to the promotion of any party or
political object whatever.
(Source: Laws 1963, p. 138.)
Section 60. The Metropolitan Water Reclamation District
Act is amended by changing Section 4.25 as follows:
(70 ILCS 2605/4.25) (from Ch. 42, par. 323.25)
Sec. 4.25. Political contributions and campaigns.
(a) During a commissioner's or an employee's compensated
time, other than vacation, personal, holiday, or compensatory
time off, a commissioner or an employee in the service of the
sanitary district shall not, directly or indirectly, give or
hand over to any commissioner or employee, or to any senator,
representative, alderperson alderman, councilman, or trustee,
any money or other valuable thing on account of or to be

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applied to the promotion of any party or political object
whatever.
(b) During an employee's compensated time, other than
vacation, personal, holiday, or compensatory time off, an
employee shall not take any part in the management or affairs
of any political party or in any political campaign, except to
exercise his or her right as a citizen privately to express his
or her opinion, and to cast his or her vote, provided, however,
that an employee shall have the right to hold any public
office, either by appointment or election, that is not
incompatible with his or her duties as an employee of the
District, and provided further that the employee does not
campaign or otherwise engage in political activity during his
or her compensated time other than vacation, personal, holiday,
or compensatory time off.
(c) This Section shall not be deemed to authorize conduct
prohibited by the Federal Hatch Act by employees subject to
that Act.
(d) For the purposes of this Section, "compensated time"
means any time worked by or credited to an employee that counts
toward any minimum work time requirement imposed as a condition
of employment with the sanitary district, but does not include
any designated holidays or any period when the employee is on a
leave of absence. With respect to commissioners, "compensated
time" means any period of time when the commissioner is on the
premises under the control of the sanitary district and any

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other time when the commissioner is executing his or her
official duties, regardless of location.
For the purposes of this Section, "compensatory time off"
means authorized time off earned by or awarded to an employee
to compensate in whole or in part for time worked in excess of
the minimum work time required of that employee as a condition
of employment with the sanitary district.
(Source: P.A. 97-125, eff. 7-14-11.)
Section 65. The School Code is amended by changing Sections
34-210, 34-230, and 34-235 as follows:
(105 ILCS 5/34-210)
Sec. 34-210. The Educational Facility Master Plan.
(a) In accordance with the schedule set forth in this
Article, the chief executive officer or his or her designee
shall prepare a 10-year educational facility master plan every
5 years, with updates 2 1/2 years after the approval of the
initial 10-year plan, with the first such educational facility
master plan to be approved on or before October 1, 2013.
(b) The educational facility master plan shall provide
community area level plans and individual school master plans
with options for addressing the facility and space needs for
each facility operated by the district over a 10-year period.
(c) The data, information, and analysis that shall inform
the educational facility master plan shall be published on the

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district's Internet website and shall include the following:
(1) a description of the district's guiding
educational goals and standards;
(2) a brief description of the types of instructional
programs and services delivered in each school, including
specific plans for special education programs, early
childhood education programs, career and technical
education programs, and any other programs that are space
sensitive to avoid space irregularities;
(3) a description of the process, procedure, and
timeline for community participation in the development of
the plan;
(3.5) A description of a communications and community
involvement plan for each community in the City of Chicago
that includes the engagement of students, school
personnel, parents, and key stakeholders throughout the
community and all of the following:
(A) community action councils;
(B) local school councils or, if not present,
alternative parent and community governance for that
school;
(C) the Chicago Teachers Union; and
(D) all current principals.
(4) the enrollment capacity of each school and its rate
of enrollment and historical and projected enrollment, and
current and projected demographic information for the

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neighborhood surrounding the district based on census
data;
(5) a report on the assessment of individual building
and site conditions;
(6) a data table with historical and projected
enrollment data by school by grade;
(7) community analysis, including a study of current
and projected demographics, land usage, transportation
plans, residential housing and commercial development,
private schools, plans for water and sewage service
expansion or redevelopment, and institutions of higher
education;
(8) an analysis of the facility needs and requirements
and a process to address critical facility capital needs of
every school building, which shall be publicly available on
the district's Internet website for schools and
communities to have access to the information;
(9) identification of potential sources of funding for
the implementation of the Educational Facility Master
Plan, including financial options through tax increment
financing, property tax levies for schools, and bonds that
address critical facility needs; and
(10) any school building disposition, including a plan
delineating the process through which citizen involvement
is facilitated and establishing the criteria that is
utilized in building disposition decisions, one of which

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shall be consideration of the impact of any proposed new
use of a school building on the neighborhood in which the
school building is located and how it may impact enrollment
of schools in that community area.
(d) On or before May 1, 2013, the chief executive officer
or his or her designee shall prepare and distribute for comment
a preliminary draft of the Educational Facility Master Plan.
The draft plan shall be distributed to the City of Chicago, the
County of Cook, the Chicago Park District, the Chicago Housing
Authority, the Chicago Transit Authority, attendance centers
operated by the district, and charter schools operating within
the district. Each attendance center shall make the draft plan
available to the local school council at the annual
organizational meeting or to an alternative advisory body and
to the parents, guardians, and staff of the school. The draft
plan also shall be distributed to each State Senator and State
Representative with a district in the City of Chicago, to the
Mayor of the City of Chicago, and to each alderperson alderman
of the City.
(e) The chief executive or his or her designee shall
publish a procedure for conducting regional public hearings and
submitting public comments on the draft plan and an annual
capital improvement hearing that shall discuss the district's
annual capital budget and that is not in conjunction with
operating budget hearings.
(f) After consideration of public input on the draft plan,

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the chief executive officer or his or her designee shall
prepare and publish a report describing the public input
gathered and the process used to incorporate public input in
the development of the final plan to be recommended to the
Board.
(g) The chief executive officer shall present the final
plan and report to the Board for final consideration and
approval.
(h) The final approved Educational Facility Master Plan
shall be published on the district's website.
(i) No later than July 1, 2016, and every 5 years
thereafter, the chief executive officer or his or her designee
shall prepare and submit for public comment a draft revised
Educational Facility Master Plan following the procedures
required for development of the original plan.
(j) This proposed revised plan shall reflect the progress
achieved during the first 2 1/2 years of the Educational
Facility Master Plan.
(k) On or before December 1, 2018, the Board shall adopt a
policy to address under-enrolled schools. The policy must
contain a list of potential interventions to address schools
with declining enrollment, including, but not limited to,
action by the district to: (i) create a request for proposals
for joint use of the school with an intergovernmental rental or
other outside entity rental, (ii) except for a charter school,
cease any potential plans for school expansion that may

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negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of
additional students, or (iv) work with under-enrolled schools
to identify opportunities to increase enrollment and lower the
costs of occupancy through joint use agreements.
(Source: P.A. 99-531, eff. 7-8-16; 100-965, eff. 8-19-18.)
(105 ILCS 5/34-230)
Sec. 34-230. School action public meetings and hearings.
(a) By October 1 of each year, the chief executive officer
shall prepare and publish guidelines for school actions. The
guidelines shall outline the academic and non-academic
criteria for a school action. These guidelines shall be created
with the involvement of local school councils, parents,
educators, and community organizations. These guidelines, and
each subsequent revision, shall be subject to a public comment
period of at least 21 days before their approval.
(b) The chief executive officer shall announce all proposed
school actions to be taken at the close of the current academic
year consistent with the guidelines by December 1 of each year.
(c) On or before December 1 of each year, the chief
executive officer shall publish notice of the proposed school
actions.
(1) Notice of the proposal for a school action shall
include a written statement of the basis for the school
action, an explanation of how the school action meets the

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criteria set forth in the guidelines, and a draft School
Transition Plan identifying the items required in Section
34-225 of this Code for all schools affected by the school
action. The notice shall state the date, time, and place of
the hearing or meeting. For a school closure only, 8 months
after notice is given, the chief executive officer must
publish on the district's website a full financial report
on the closure that includes an analysis of the closure's
costs and benefits to the district.
(2) The chief executive officer or his or her designee
shall provide notice to the principal, staff, local school
council, and parents or guardians of any school that is
subject to the proposed school action.
(3) The chief executive officer shall provide written
notice of any proposed school action to the State Senator,
State Representative, and alderperson alderman for the
school or schools that are subject to the proposed school
action.
(4) The chief executive officer shall publish notice of
proposed school actions on the district's Internet
website.
(5) The chief executive officer shall provide notice of
proposed school actions at least 30 calendar days in
advance of a public hearing or meeting. The notice shall
state the date, time, and place of the hearing or meeting.
No Board decision regarding a proposed school action may

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take place less than 60 days after the announcement of the
proposed school action.
(d) The chief executive officer shall publish a brief
summary of the proposed school actions and the date, time, and
place of the hearings or meetings in a newspaper of general
circulation.
(e) The chief executive officer shall designate at least 3
opportunities to elicit public comment at a hearing or meeting
on a proposed school action and shall do the following:
(1) Convene at least one public hearing at the
centrally located office of the Board.
(2) Convene at least 2 additional public hearings or
meetings at a location convenient to the school community
subject to the proposed school action.
(f) Public hearings shall be conducted by a qualified
independent hearing officer chosen from a list of independent
hearing officers. The general counsel shall compile and publish
a list of independent hearing officers by November 1 of each
school year. The independent hearing officer shall have the
following qualifications:
(1) he or she must be a licensed attorney eligible to
practice law in Illinois;
(2) he or she must not be an employee of the Board; and
(3) he or she must not have represented the Board, its
employees or any labor organization representing its
employees, any local school council, or any charter or

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contract school in any capacity within the last year.
The independent hearing officer shall issue a written
report that summarizes the hearing and determines whether the
chief executive officer complied with the requirements of this
Section and the guidelines.
The chief executive officer shall publish the report on the
district's Internet website within 5 calendar days after
receiving the report and at least 15 days prior to any Board
action being taken.
(g) Public meetings shall be conducted by a representative
of the chief executive officer. A summary of the public meeting
shall be published on the district's Internet website within 5
calendar days after the meeting.
(h) If the chief executive officer proposes a school action
without following the mandates set forth in this Section, the
proposed school action shall not be approved by the Board
during the school year in which the school action was proposed.
(Source: P.A. 101-133, eff. 7-26-19.)
(105 ILCS 5/34-235)
(Text of Section from P.A. 97-473)
Sec. 34-235. Emergencies. Nothing in Sections 34-200
through 34-235 of this Code prevents the district from taking
emergency action to protect the health and safety of students
and staff in an attendance center. In the event of an emergency
that requires the district to close all or part of a school

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facility, including compliance with a directive of a duly
authorized public safety agency, the chief executive officer or
his or her designees are authorized to take all steps necessary
to protect the safety of students and staff, including
relocation of the attendance center to another location or
closing the attendance center. In such cases, the chief
executive officer shall provide written notice of the basis for
the emergency action within 3 days after declaring the
emergency and shall publish the steps that have been taken or
will be taken to address the emergency within 10 days after
declaring the emergency. The notice shall be posted on the
district's website and provided to the principal, the local
school council, and the State Senator, the State
Representative, and the alderperson Alderman of the school that
is the subject of the emergency action. The notice shall
explain why the district could not comply with the provisions
in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 97-473, eff. 1-1-12.)
(Text of Section from P.A. 97-474)
Sec. 34-235. Emergencies. Nothing in Sections 34-200
through 34-235 of this Code prevents the district from taking
emergency action to protect the health and safety of students
and staff in an attendance center. In the event of an emergency
that requires the district to close all or part of a school
facility, including compliance with a directive of a duly

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authorized public safety agency, the chief executive officer or
his or her designees are authorized to take all steps necessary
to protect the safety of students and staff, including
relocation of the attendance center to another location or
closing the attendance center. In such cases, the chief
executive officer shall provide written notice of the basis for
the emergency action within 3 days after declaring the
emergency and shall publish the steps that have been taken or
will be taken to address the emergency within 10 days after
declaring the emergency. The notice shall be posted on the
district's website and provided to the principal, the local
school council, and the State Senator, the State
Representative, and the alderperson alderman of the school that
is the subject of the emergency action. The notice shall
explain why the district could not comply with the provisions
in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 97-474, eff. 8-22-11.)
Section 70. The Liquor Control Act of 1934 is amended by
changing Sections 4-1, 6-2, and 6-11 as follows:
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
Sec. 4-1. In every city, village or incorporated town, the
city council or president and board of trustees, and in
counties in respect of territory outside the limits of any such
city, village or incorporated town the county board shall have

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the power by general ordinance or resolution to determine the
number, kind and classification of licenses, for sale at retail
of alcoholic liquor not inconsistent with this Act and the
amount of the local licensee fees to be paid for the various
kinds of licenses to be issued in their political subdivision,
except those issued to the specific non-beverage users exempt
from payment of license fees under Section 5-3 which shall be
issued without payment of any local license fees, and the
manner of distribution of such fees after their collection; to
regulate or prohibit the presence of persons under the age of
21 on the premises of licensed retail establishments of various
kinds and classifications where alcoholic liquor is drawn,
poured, mixed or otherwise served for consumption on the
premises; to prohibit any minor from drawing, pouring, or
mixing any alcoholic liquor as an employee of any retail
licensee; and to prohibit any minor from at any time attending
any bar and from drawing, pouring or mixing any alcoholic
liquor in any licensed retail premises; and to establish such
further regulations and restrictions upon the issuance of and
operations under local licenses not inconsistent with law as
the public good and convenience may require; and to provide
penalties for the violation of regulations and restrictions,
including those made by county boards, relative to operation
under local licenses; provided, however, that in the exercise
of any of the powers granted in this section, the issuance of
such licenses shall not be prohibited except for reasons

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specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of
this Act.
However, in any municipality with a population exceeding
1,000,000 that has adopted the form of government authorized
under "An Act concerning cities, villages, and incorporated
towns, and to repeal certain Acts herein named", approved
August 15, 1941, as amended, no person shall be granted any
license or privilege to sell alcoholic liquors between the
hours of two o'clock a.m. and seven o'clock a.m. on week days
unless such person has given at least 14 days prior written
notice to the alderperson alderman of the ward in which such
person's licensed premises are located stating his intention to
make application for such license or privilege and unless
evidence confirming service of such written notice is included
in such application. Any license or privilege granted in
violation of this paragraph shall be null and void.
(Source: P.A. 99-46, eff. 7-15-15.)
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section 3-12,
no license of any kind issued by the State Commission or any
local commission shall be issued to:
(1) A person who is not a resident of any city, village

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or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.
(3) (Blank).
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person will not be impaired by the conviction in
engaging in the licensed practice after considering
matters set forth in such person's application in
accordance with Section 6-2.5 of this Act and the
Commission's investigation.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for renewal
of any license issued hereunder would not be eligible for
such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more

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than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if any
member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than residence within the political subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by a
manager or agent unless the manager or agent possesses the
same qualifications required by the licensee.

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(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderperson alderman, or member of the city council or
commission, any president of the village board of trustees,
any member of a village board of trustees, or any president
or member of a county board; and no such official shall
have a direct interest in the manufacture, sale, or
distribution of alcoholic liquor, except that a license may
be granted to such official in relation to premises that
are not located within the territory subject to the
jurisdiction of that official if the issuance of such
license is approved by the State Liquor Control Commission
and except that a license may be granted, in a city or
village with a population of 55,000 or less, to any

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alderperson alderman, member of a city council, or member
of a village board of trustees in relation to premises that
are located within the territory subject to the
jurisdiction of that official if (i) the sale of alcoholic
liquor pursuant to the license is incidental to the selling
of food, (ii) the issuance of the license is approved by
the State Commission, (iii) the issuance of the license is
in accordance with all applicable local ordinances in
effect where the premises are located, and (iv) the
official granted a license does not vote on alcoholic
liquor issues pending before the board or council to which
the license holder is elected. Notwithstanding any
provision of this paragraph (14) to the contrary, an
alderperson alderman or member of a city council or
commission, a member of a village board of trustees other
than the president of the village board of trustees, or a
member of a county board other than the president of a
county board may have a direct interest in the manufacture,
sale, or distribution of alcoholic liquor as long as he or
she is not a law enforcing public official, a mayor, a
village board president, or president of a county board. To
prevent any conflict of interest, the elected official with
the direct interest in the manufacture, sale, or
distribution of alcoholic liquor shall not participate in
any meetings, hearings, or decisions on matters impacting
the manufacture, sale, or distribution of alcoholic

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liquor. Furthermore, the mayor of a city with a population
of 55,000 or less or the president of a village with a
population of 55,000 or less may have an interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as the council or board over which he or she presides
has made a local liquor control commissioner appointment
that complies with the requirements of Section 4-2 of this
Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3) through
(a) (11) of Section 28-1 of, or as proscribed by Section
28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless the
person or entity is eligible to be issued a license under
the Raffles and Poker Runs Act or the Illinois Pull Tabs
and Jar Games Act.
(18) A person who intends to sell alcoholic liquors for
use or consumption on his or her licensed retail premises
who does not have liquor liability insurance coverage for
that premises in an amount that is at least equal to the
maximum liability amounts set out in subsection (a) of

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Section 6-21.
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,

HB3994 Engrossed - 218 - LRB101 15674 RJF 65023 b
affiliate, or agent thereof, or any other form of business
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on an
exchange within the meaning of the Securities Exchange Act
of 1934. For the purposes of this paragraph (20), a person
who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's

HB3994 Engrossed - 219 - LRB101 15674 RJF 65023 b
license is initiated.
(Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(a-5) Notwithstanding any provision of this Section to the
contrary, a local liquor control commissioner may grant an
exemption to the prohibition in subsection (a) of this Section

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if a local rule or ordinance authorizes the local liquor
control commissioner to grant that exemption.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of July 10,
1998 (the effective date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet

HB3994 Engrossed - 221 - LRB101 15674 RJF 65023 b
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail

HB3994 Engrossed - 222 - LRB101 15674 RJF 65023 b
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,
the local zoning authority may, by ordinance adopted
simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school,
provide that the 100-foot restriction in this Section shall not
apply to that church or church affiliated school and future
retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor at
premises within 100 feet, but not less than 90 feet, of a
public school if (1) the premises have been continuously
licensed to sell alcoholic liquor for a period of at least 50
years, (2) the premises are located in a municipality having a
population of over 500,000 inhabitants, (3) the licensee is an
individual who is a member of a family that has held the
previous 3 licenses for that location for more than 25 years,
(4) the principal of the school and the alderperson alderman of
the ward in which the school is located have delivered a

HB3994 Engrossed - 223 - LRB101 15674 RJF 65023 b
written statement to the local liquor control commissioner
stating that they do not object to the issuance of a license
under this subsection (g), and (5) the local liquor control
commissioner has received the written consent of a majority of
the registered voters who live within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio area attached to
premises that are located in a municipality with a population
in excess of 300,000 inhabitants and that are within 100 feet
of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food,
(2) the sale of liquor is not the principal business
carried on by the licensee at the premises,
(3) the premises are less than 1,000 square feet,
(4) the premises are owned by the University of
Illinois,
(5) the premises are immediately adjacent to property
owned by a church and are not less than 20 nor more than 40
feet from the church space used for worship services, and
(6) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing.
(i) Notwithstanding any provision in this Section to the

HB3994 Engrossed - 224 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 300,000 inhabitants and is within 100 feet of a
church, synagogue, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the church, synagogue, or other place
of worship are at least 100 feet apart, on parallel
streets, and separated by an alley; and
(2) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(j) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
of a retail license authorizing the sale of alcoholic liquor at
a theater that is within 100 feet of a church if (1) the church
owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the primary entrance of the premises and the

HB3994 Engrossed - 225 - LRB101 15674 RJF 65023 b
primary entrance of the school are parallel, on different
streets, and separated by an alley;
(2) the southeast corner of the premises are at least
350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and
has held a valid license authorizing the sale of alcoholic
liquor for the business to be conducted on the premises at
a different location for more than 7 years; and
(7) the premises is at least 2,300 square feet and sits
on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school is at least 90
feet apart and no greater than 95 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 80 feet apart and no greater

HB3994 Engrossed - 226 - LRB101 15674 RJF 65023 b
than 85 feet apart;
(3) the applicant is the owner of the restaurant and on
November 15, 2006 held a valid license authorizing the sale
of alcoholic liquor for the business to be conducted on the
premises for at least 14 different locations;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the premises is at least 3,200 square feet and sits
on a lot that is between 7,150 and 7,200 square feet; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
(1) the premises and the church are perpendicular, and
the primary entrance of the premises faces South while the
primary entrance of the church faces West and the distance
between the two entrances is more than 100 feet;
(2) the shortest distance between the premises lot line
and the exterior wall of the church is at least 80 feet;

HB3994 Engrossed - 227 - LRB101 15674 RJF 65023 b
(3) the church was established at the current location
in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building
with at least 1,750 square feet and no more than 2,000
square feet;
(5) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(n) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the school is a City of Chicago School District 299
school;
(2) the school is located within subarea E of City of
Chicago Residential Business Planned Development Number
70;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the sale of alcoholic liquor at the premises is

HB3994 Engrossed - 228 - LRB101 15674 RJF 65023 b
incidental to the sale of food; and
(5) the administration of City of Chicago School
District 299 has expressed, in writing, its support for the
issuance of the license.
(o) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a retail license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises is located on a street that runs
perpendicular to the street on which the church is located;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet
and sits on a lot that is between 3,600 and 4,000 square
feet; and
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor

HB3994 Engrossed - 229 - LRB101 15674 RJF 65023 b
location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the backdoor of the
premises, which is used as an emergency exit, and the
church is at least 80 feet;
(2) the church was established at the current location
in 1889; and
(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is

HB3994 Engrossed - 230 - LRB101 15674 RJF 65023 b
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the
church-owned property and church-affiliated school by an
alley;
(7) the larger building containing the premises and the
church building front are on perpendicular streets and are
separated by a street; and
(8) (Blank).
(r) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance,
renewal, or maintenance of a license authorizing the sale of
alcoholic liquor incidental to the sale of food within a
restaurant established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the primary
entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and

HB3994 Engrossed - 231 - LRB101 15674 RJF 65023 b
lower level of a multi-story, multi-use building for more
than 40 years;
(3) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(4) the sale of alcoholic liquor is conducted primarily
in the below-grade level of the restaurant to which the
only public access is by a staircase located inside the
restaurant; and
(5) the restaurant has held a license authorizing the
sale of alcoholic liquor on the premises for more than 40
years.
(s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more

HB3994 Engrossed - 232 - LRB101 15674 RJF 65023 b
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;
(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the
restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderperson alderman of the ward in which the
school is located or the principal of the school have
delivered a written statement to the local liquor control

HB3994 Engrossed - 233 - LRB101 15674 RJF 65023 b
commissioner stating that he or she does not object to the
issuance of a license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been
in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is

HB3994 Engrossed - 234 - LRB101 15674 RJF 65023 b
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderperson
alderman in whose district the premises are located have
expressed, in writing, their support for the issuance of
the license.
(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the
license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property

HB3994 Engrossed - 235 - LRB101 15674 RJF 65023 b
line of the school by a street;
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of June 14, 2011 (the effective date of Public
Act 97-9), the premises for which the license or renewal is
sought is located in the Illinois Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of
a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and
located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the
church, on perpendicular streets, and separated by an
alley;
(6) the distance between the property line of the
premises and the property line of the church is at least 20

HB3994 Engrossed - 236 - LRB101 15674 RJF 65023 b
feet;
(7) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
130 feet; and
(8) the church has been at its location for at least 40
years.
(x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the church has been operating in its current
location since 1973;
(3) the premises has been operating in its current
location since 1988;
(4) the church and the premises are owned by the same
parish;
(5) the premises is used for cultural and educational
purposes;
(6) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(7) the principal religious leader of the church has

HB3994 Engrossed - 237 - LRB101 15674 RJF 65023 b
indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately
23,000 square feet; and
(9) the premises houses a ballroom on its ground floor
of approximately 5,000 square feet.
(y) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) according to the municipality, the distance
between the east property line of the premises and the west
property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299
school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the
primary entrance to the school are located on the same
street;
(7) the street on which the entrances of the premises
and the school are located is a major diagonal

HB3994 Engrossed - 238 - LRB101 15674 RJF 65023 b
thoroughfare;
(8) the premises is a single-story building of
approximately 2,900 square feet; and
(9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is a free-standing building that has
"drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet
of retail space;
(9) the premises has approximately 799 square feet of
pharmacy space;

HB3994 Engrossed - 239 - LRB101 15674 RJF 65023 b
(10) the premises is located on a major arterial street
that runs east-west and accepts truck traffic; and
(11) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license.
(aa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of

HB3994 Engrossed - 240 - LRB101 15674 RJF 65023 b
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are
located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian
church;
(7) the premises and the church are both single-story
buildings;

HB3994 Engrossed - 241 - LRB101 15674 RJF 65023 b
(8) the storefront directly west of the church is being
used as a restaurant; and
(9) the distance between the northern-most property
line of the premises and the southern-most property line of
the church is 65 feet.
(cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located

HB3994 Engrossed - 242 - LRB101 15674 RJF 65023 b
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety
employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderperson alderman of the ward where the
premises is located has given written approval of the
issuance of the license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and

HB3994 Engrossed - 243 - LRB101 15674 RJF 65023 b
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once
contained an industrial steel facility;
(2) the premises is located on land that has undergone
environmental remediation;
(3) the premises is located within a retail complex
containing retail stores where some of the stores sell
alcoholic beverages;
(4) the principal activity of any restaurant in the
retail complex is the sale of food, and the sale of
alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic
liquor is more than 100 feet from the entrance to the
school;
(7) the alderperson alderman of the ward where the
premises is located has given written approval of the

HB3994 Engrossed - 244 - LRB101 15674 RJF 65023 b
issuance of the license; and
(8) the principal of the school has given written
consent to the issuance of the license.
(ff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises is a one and one-half-story building
of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299
school;
(5) the primary entrance of the premises and the
primary entrance of the school are at least 300 feet apart
and no more than 400 feet apart;
(6) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his support
for the issuance of the license; and
(7) the principal of the school has expressed, in
writing, that there is no objection to the issuance of a
license under this subsection (ff).

HB3994 Engrossed - 245 - LRB101 15674 RJF 65023 b
(gg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the property on which the church is located and the
property on which the premises are located are both within
a district originally listed on the National Register of
Historic Places on February 14, 1979;
(3) the property on which the premises are located
contains one or more multi-story buildings that are at
least 95 years old and have no more than three stories;
(4) the building in which the church is located is at
least 120 years old;
(5) the property on which the church is located is
immediately adjacent to and west of the property on which
the premises are located;
(6) the western boundary of the property on which the
premises are located is no less than 118 feet in length and
no more than 122 feet in length;
(7) as of December 31, 2012, both the church property
and the property on which the premises are located are

HB3994 Engrossed - 246 - LRB101 15674 RJF 65023 b
within 250 feet of City of Chicago Business-Residential
Planned Development Number 38;
(8) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing; and
(9) the alderperson alderman in whose district the
premises are located has expressed his or her support for
the issuance of the license in writing.
For the purposes of this subsection, "banquet facility"
means the part of the building that is located on the floor
above a restaurant and caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(hh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a hotel and at an outdoor patio area attached to
the hotel that are located in a municipality with a population
in excess of 1,000,000 inhabitants and that are within 100 feet
of a hospital if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the hotel;
(2) the hotel is located within the City of Chicago
Business Planned Development Number 468; and
(3) the hospital is located within the City of Chicago
Institutional Planned Development Number 3.
(ii) Notwithstanding any provision of this Section to the

HB3994 Engrossed - 247 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a restaurant and at an outdoor patio area
attached to the restaurant that are located in a municipality
with a population in excess of 1,000,000 inhabitants and that
are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is not
the principal business carried on by the licensee and is
incidental to the sale of food;
(2) the restaurant has been operated on the street
level of a 2-story building located on a corner lot since
2008;
(3) the restaurant is between 3,700 and 4,000 square
feet and sits on a lot that is no more than 6,200 square
feet;
(4) the primary entrance to the restaurant and the
primary entrance to the church are located on the same
street;
(5) the street on which the restaurant and the church
are located is a major east-west street;
(6) the restaurant and the church are separated by a
one-way northbound street;
(7) the church is located to the west of and no more
than 65 feet from the restaurant; and
(8) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of

HB3994 Engrossed - 248 - LRB101 15674 RJF 65023 b
the license in writing.
(jj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the premises are located east of the church, on
perpendicular streets, and separated by an alley;
(4) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
175 feet;
(5) the distance between the property line of the
premises and the property line of the church is at least 40
feet;
(6) the licensee has been operating at the premises
since 2012;
(7) the church was constructed in 1904;
(8) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license; and
(9) the principal religious leader of the church has

HB3994 Engrossed - 249 - LRB101 15674 RJF 65023 b
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(jj).
(kk) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 169,048
square feet of space within a building that is located
across the street from a tuition-based preschool; and
(6) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license.
(ll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 250 - LRB101 15674 RJF 65023 b
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 191,535
square feet of space within a building that is located
across the street from an elementary school; and
(6) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license.
(mm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio or sidewalk
cafe, or both, attached to premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to

HB3994 Engrossed - 251 - LRB101 15674 RJF 65023 b
the sale of food;
(2) as a restaurant, the premises may or may not offer
catering as an incidental part of food service;
(3) the primary business of the restaurant is conducted
in space owned by a hospital or an entity owned or
controlled by, under common control with, or that controls
a hospital, and the chief hospital administrator has
expressed his or her support for the issuance of the
license in writing; and
(4) the hospital is an adult acute care facility
primarily located within the City of Chicago Institutional
Planned Development Number 3.
(nn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises are a building that was constructed in
1913 and opened on May 24, 1915 as a vaudeville theater,
and the premises were converted to a motion picture theater
in 1935;

HB3994 Engrossed - 252 - LRB101 15674 RJF 65023 b
(4) the church was constructed in 1889 with a stone
exterior;
(5) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
(6) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderperson alderman in whose ward the premises
are located has expressed his or her support for the
issuance of the license in writing.
(oo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the mosque, church, or other place of
worship are perpendicular and are on different streets;
(2) the primary entrance to the premises faces West and
the primary entrance to the mosque, church, or other place
of worship faces South;
(3) the distance between the 2 primary entrances is at
least 100 feet;
(4) the mosque, church, or other place of worship was
established in a location within 100 feet of the premises

HB3994 Engrossed - 253 - LRB101 15674 RJF 65023 b
after a license for the sale of alcohol at the premises was
first issued;
(5) the mosque, church, or other place of worship was
established on or around January 1, 2011;
(6) a license for the sale of alcohol at the premises
was first issued on or before January 1, 1985;
(7) a license for the sale of alcohol at the premises
has been continuously in effect since January 1, 1985,
except for interruptions between licenses of no more than
90 days; and
(8) the premises are a single-story, single-use
building of at least 3,000 square feet and no more than
3,380 square feet.
(pp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established on premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal
business carried on by the licensee at the premises;
(2) the premises are at least 2,000 square feet and no
more than 10,000 square feet and is located in a
single-story building;
(3) the property on which the premises are located is

HB3994 Engrossed - 254 - LRB101 15674 RJF 65023 b
within an area that, as of 2009, was designated as a
Renewal Community by the United States Department of
Housing and Urban Development;
(4) the property on which the premises are located and
the properties on which the churches are located are on the
same street;
(5) the property on which the premises are located is
immediately adjacent to and east of the property on which
at least one of the churches is located;
(6) the property on which the premises are located is
across the street and southwest of the property on which
another church is located;
(7) the principal religious leaders of the churches
have indicated their support for the issuance of the
license in writing; and
(8) the alderperson alderman in whose ward the premises
are located has expressed his or her support for the
issuance of the license in writing.
For purposes of this subsection (pp), "banquet facility"
means the part of the building that caters to private parties
and where the sale of alcoholic liquors is not the principal
business.
(qq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor on premises that are located within a municipality with

HB3994 Engrossed - 255 - LRB101 15674 RJF 65023 b
a population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school are at least 200
feet apart and no greater than 300 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 66 feet apart and no greater
than 81 feet apart;
(3) the premises are a single-story, steel-framed
commercial building with at least 18,042 square feet, and
was constructed in 1925 and 1997;
(4) the owner of the business operated within the
premises has been the general manager of a similar
supermarket within one mile from the premises, which has
had a valid license authorizing the sale of alcoholic
liquor since 2002, and is in good standing with the City of
Chicago;
(5) the principal religious leader at the place of
worship has indicated his or her support to the issuance or
renewal of the license in writing;
(6) the alderperson alderman of the ward has indicated
his or her support to the issuance or renewal of the
license in writing; and
(7) the principal of the school has indicated his or
her support to the issuance or renewal of the license in
writing.

HB3994 Engrossed - 256 - LRB101 15674 RJF 65023 b
(rr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a building of approximately 1,750
square feet and is rented by the owners of the grocery
store from a family member;
(4) the property line of the premises is approximately
68 feet from the property line of the club;
(5) the primary entrance of the premises and the
primary entrance of the club where the school leases space
are at least 100 feet apart;
(6) the director of the club renting space to the
school has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderperson alderman in whose district the
premises are located has expressed his or her support for
the issuance of the license in writing.
(ss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

HB3994 Engrossed - 257 - LRB101 15674 RJF 65023 b
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are located within a 15 unit building
with 13 residential apartments and 2 commercial spaces, and
the licensee will occupy both commercial spaces;
(2) a restaurant has been operated on the premises
since June 2011;
(3) the restaurant currently occupies 1,075 square
feet, but will be expanding to include 975 additional
square feet;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(5) the premises are located south of the church and on
the same street and are separated by a one-way westbound
street;
(6) the primary entrance of the premises is at least 93
feet from the primary entrance of the church;
(7) the shortest distance between any part of the
premises and any part of the church is at least 72 feet;
(8) the building in which the restaurant is located was
built in 1910;
(9) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license; and

HB3994 Engrossed - 258 - LRB101 15674 RJF 65023 b
(10) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(ss).
(tt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor at the premises was
previously authorized by a package goods liquor license;
(4) the premises are at least 40,000 square feet with
25 parking spaces in the contiguous surface lot to the
north of the store and 93 parking spaces on the roof;
(5) the shortest distance between the lot line of the
parking lot of the premises and the exterior wall of the
church is at least 80 feet;
(6) the distance between the building in which the
church is located and the building in which the premises
are located is at least 180 feet;
(7) the main entrance to the church faces west and is

HB3994 Engrossed - 259 - LRB101 15674 RJF 65023 b
at least 257 feet from the main entrance of the premises;
and
(8) the applicant is the owner of 10 similar grocery
stores within the City of Chicago and the surrounding area
and has been in business for more than 30 years.
(uu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
operation of a grocery store;
(3) the premises are located in a building that is
approximately 68,000 square feet with 157 parking spaces on
property that was previously vacant land;
(4) the main entrance to the church faces west and is
at least 500 feet from the entrance of the premises, which
faces north;
(5) the church and the premises are separated by an
alley;
(6) the applicant is the owner of 9 similar grocery
stores in the City of Chicago and the surrounding area and
has been in business for more than 40 years; and

HB3994 Engrossed - 260 - LRB101 15674 RJF 65023 b
(7) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(vv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is primary to the sale
of food;
(3) the premises are located south of the church and on
perpendicular streets and are separated by a driveway;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 15 feet;
(6) the premises are less than 100 feet from the church
center, but greater than 100 feet from the area within the
building where church services are held;
(7) the premises are 25,830 square feet and sit on a
lot that is 0.48 acres;
(8) the premises were once designated as a Korean
American Presbyterian Church and were once used as a

HB3994 Engrossed - 261 - LRB101 15674 RJF 65023 b
Masonic Temple;
(9) the premises were built in 1910;
(10) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license; and
(11) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(vv).
For the purposes of this subsection (vv), "premises" means
a place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the school is located within Sub Area III of City
of Chicago Residential-Business Planned Development Number
523, as amended; and
(2) the premises are located within Sub Area I, Sub
Area II, or Sub Area IV of City of Chicago
Residential-Business Planned Development Number 523, as
amended.
(xx) Notwithstanding any provision of this Section to the

HB3994 Engrossed - 262 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of wine or wine-related products is the
exclusive business carried on by the licensee at the
premises;
(2) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart
and are located on different streets;
(3) the building in which the premises are located and
the building in which the church is located are separated
by an alley;
(4) the premises consists of less than 2,000 square
feet of floor area dedicated to the sale of wine or
wine-related products;
(5) the premises are located on the first floor of a
2-story building that is at least 99 years old and has a
residential unit on the second floor; and
(6) the principal religious leader at the church has
indicated his or her support for the issuance or renewal of
the license in writing.
(yy) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 263 - LRB101 15674 RJF 65023 b
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 27-story hotel containing 191
guest rooms;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises and is
limited to a restaurant located on the first floor of the
hotel;
(3) the hotel is adjacent to the church;
(4) the site is zoned as DX-16;
(5) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(yy); and
(6) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(zz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 15-story hotel containing 143
guest rooms;

HB3994 Engrossed - 264 - LRB101 15674 RJF 65023 b
(2) the premises are approximately 85,691 square feet;
(3) a restaurant is operated on the premises;
(4) the restaurant is located in the first floor lobby
of the hotel;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the hotel is located approximately 50 feet from the
church and is separated from the church by a public street
on the ground level and by air space on the upper level,
which is where the public entrances are located;
(7) the site is zoned as DX-16;
(8) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(zz); and
(9) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(aaa) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the primary
business activity of the grocery store;

HB3994 Engrossed - 265 - LRB101 15674 RJF 65023 b
(2) the premises are newly constructed on land that was
formerly used by the Young Men's Christian Association;
(3) the grocery store is located within a planned
development that was approved by the municipality in 2007;
(4) the premises are located in a multi-building,
mixed-use complex;
(5) the entrance to the grocery store is located more
than 200 feet from the entrance to the school;
(6) the entrance to the grocery store is located across
the street from the back of the school building, which is
not used for student or public access;
(7) the grocery store executed a binding lease for the
property in 2008;
(8) the premises consist of 2 levels and occupy more
than 80,000 square feet;
(9) the owner and operator of the grocery store
operates at least 10 other grocery stores that have
alcoholic liquor licenses within the same municipality;
and
(10) the director of the school has expressed, in
writing, his or her support for the issuance of the
license.
(bbb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a

HB3994 Engrossed - 266 - LRB101 15674 RJF 65023 b
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the premises are located in a single-story building
of primarily brick construction containing at least 6
commercial units constructed before 1940;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are less than 4,000 square feet;
(5) the church established its congregation in 1891 and
completed construction of the church building in 1990;
(6) the premises are located south of the church;
(7) the premises and church are located on the same
street and are separated by a one-way westbound street; and
(8) the principal religious leader of the church has
not indicated his or her opposition to the issuance or
renewal of the license in writing.
(ccc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) as of March 14, 2007, the premises are located in a
City of Chicago Residential-Business Planned Development
No. 1052;

HB3994 Engrossed - 267 - LRB101 15674 RJF 65023 b
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the sale of alcoholic liquor is incidental to the
operation of a grocery store and comprises no more than 10%
of the total in-store sales;
(4) the owner and operator of the grocery store
operates at least 10 other grocery stores that have
alcoholic liquor licenses within the same municipality;
(5) the premises are new construction when the license
is first issued;
(6) the constructed premises are to be no less than
50,000 square feet;
(7) the school is a private church-affiliated school;
(8) the premises and the property containing the church
and church-affiliated school are located on perpendicular
streets and the school and church are adjacent to one
another;
(9) the pastor of the church and school has expressed,
in writing, support for the issuance of the license; and
(10) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(ddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a

HB3994 Engrossed - 268 - LRB101 15674 RJF 65023 b
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the business has been issued a license from the
municipality to allow the business to operate a theater on
the premises;
(2) the theater has less than 200 seats;
(3) the premises are approximately 2,700 to 3,100
square feet of space;
(4) the premises are located to the north of the
church;
(5) the primary entrance of the premises and the
primary entrance of any church within 100 feet of the
premises are located either on a different street or across
a right-of-way from the premises;
(6) the primary entrance of the premises and the
primary entrance of any school within 100 feet of the
premises are located either on a different street or across
a right-of-way from the premises;
(7) the premises are located in a building that is at
least 100 years old; and
(8) any church or school located within 100 feet of the
premises has indicated its support for the issuance or
renewal of the license to the premises in writing.
(eee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 269 - LRB101 15674 RJF 65023 b
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church and school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the applicant on the premises;
(3) a family-owned restaurant has operated on the
premises since 1957;
(4) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(5) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(6) the church was established at its current location
and the present structure was erected before 1900;
(7) the primary entrance of the premises is at least 75
feet from the primary entrance of the church;
(8) the school is affiliated with the church;
(9) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing;
(10) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(11) the alderperson alderman of the ward in which the

HB3994 Engrossed - 270 - LRB101 15674 RJF 65023 b
premises are located has expressed, in writing, his or her
lack of an objection to the issuance of the license.
(fff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a one-story building containing
approximately 10,000 square feet and are rented by the
owners of the grocery store;
(4) the sale of alcoholic liquor at the premises occurs
in a retail area of the grocery store that is approximately
3,500 square feet;
(5) the grocery store has operated at the location
since 1984;
(6) the grocery store is closed on Sundays;
(7) the property on which the premises are located is a
corner lot that is bound by 3 streets and an alley, where
one street is a one-way street that runs north-south, one
street runs east-west, and one street runs
northwest-southeast;

HB3994 Engrossed - 271 - LRB101 15674 RJF 65023 b
(8) the property line of the premises is approximately
16 feet from the property line of the building where the
church is located;
(9) the premises are separated from the building
containing the church by a public alley;
(10) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
(11) representatives of the church have delivered a
written statement that the church does not object to the
issuance of a license under this subsection (fff); and
(12) the alderperson alderman of the ward in which the
grocery store is located has expressed, in writing, his or
her support for the issuance of the license.
(ggg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) a residential retirement home formerly operated on
the premises and the premises are being converted into a
new apartment living complex containing studio and
one-bedroom apartments with ground floor retail space;
(2) the restaurant and lobby coffee house are located
within a Community Shopping District within the
municipality;

HB3994 Engrossed - 272 - LRB101 15674 RJF 65023 b
(3) the premises are located in a single-building,
mixed-use complex that, in addition to the restaurant and
lobby coffee house, contains apartment residences, a
fitness center for the residents of the apartment building,
a lobby designed as a social center for the residents, a
rooftop deck, and a patio with a dog run for the exclusive
use of the residents;
(4) the sale of alcoholic liquor is not the primary
business activity of the apartment complex, restaurant, or
lobby coffee house;
(5) the entrance to the apartment residence is more
than 310 feet from the entrance to the school and church;
(6) the entrance to the apartment residence is located
at the end of the block around the corner from the south
side of the school building;
(7) the school is affiliated with the church;
(8) the pastor of the parish, principal of the school,
and the titleholder to the church and school have given
written consent to the issuance of the license;
(9) the alderperson alderman of the ward in which the
premises are located has given written consent to the
issuance of the license; and
(10) the neighborhood block club has given written
consent to the issuance of the license.
(hhh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

HB3994 Engrossed - 273 - LRB101 15674 RJF 65023 b
or renewal of a license to sell alcoholic liquor at premises
located within a municipality with a population in excess of
1,000,000 inhabitants and within 100 feet of a home for
indigent persons or a church if:
(1) a restaurant operates on the premises and has been
in operation since January of 2014;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the premises occupy the first floor of a 3-story
building that is at least 100 years old;
(5) the primary entrance to the premises is more than
100 feet from the primary entrance to the home for indigent
persons, which opened in 1989 and is operated to address
homelessness and provide shelter;
(6) the primary entrance to the premises and the
primary entrance to the home for indigent persons are
located on different streets;
(7) the executive director of the home for indigent
persons has given written consent to the issuance of the
license;
(8) the entrance to the premises is located within 100
feet of a Buddhist temple;
(9) the entrance to the premises is more than 100 feet
from where any worship or educational programming is

HB3994 Engrossed - 274 - LRB101 15674 RJF 65023 b
conducted by the Buddhist temple and is located in an area
used only for other purposes; and
(10) the president and the board of directors of the
Buddhist temple have given written consent to the issuance
of the license.
(iii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality in excess of
1,000,000 inhabitants and within 100 feet of a home for the
aged if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a restaurant;
(3) the premises are on the ground floor of a
multi-floor, university-affiliated housing facility;
(4) the premises occupy 1,916 square feet of space,
with the total square footage from which liquor will be
sold, served, and consumed to be 900 square feet;
(5) the premises are separated from the home for the
aged by an alley;
(6) the primary entrance to the premises and the
primary entrance to the home for the aged are at least 500
feet apart and located on different streets;
(7) representatives of the home for the aged have

HB3994 Engrossed - 275 - LRB101 15674 RJF 65023 b
expressed, in writing, that the home does not object to the
issuance of a license under this subsection; and
(8) the alderperson alderman of the ward in which the
restaurant is located has expressed, in writing, his or her
support for the issuance of the license.
(jjj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) as of January 1, 2016, the premises were used for
the sale of alcoholic liquor for consumption on the
premises and were authorized to do so pursuant to a retail
tavern license held by an individual as the sole proprietor
of the premises;
(2) the primary entrance to the school and the primary
entrance to the premises are on the same street;
(3) the school was founded in 1949;
(4) the building in which the premises are situated was
constructed before 1930;
(5) the building in which the premises are situated is
immediately across the street from the school; and
(6) the school has not indicated its opposition to the
issuance or renewal of the license in writing.
(kkk) (Blank).

HB3994 Engrossed - 276 - LRB101 15674 RJF 65023 b
(lll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a synagogue or school if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises are located on the same street on
which the synagogue or school is located;
(4) the primary entrance to the premises and the
closest entrance to the synagogue or school is at least 100
feet apart;
(5) the shortest distance between the premises and the
synagogue or school is at least 65 feet apart and no
greater than 70 feet apart;
(6) the premises are between 1,800 and 2,000 square
feet;
(7) the synagogue was founded in 1861; and
(8) the leader of the synagogue has indicated, in
writing, the synagogue's support for the issuance or
renewal of the license.
(mmm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

HB3994 Engrossed - 277 - LRB101 15674 RJF 65023 b
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the restaurant has been run by the same family for
at least 19 consecutive years;
(4) the premises are located in a 3-story building in
the most easterly part of the first floor;
(5) the building in which the premises are located has
residential housing on the second and third floors;
(6) the primary entrance to the premises is on a
north-south street around the corner and across an alley
from the primary entrance to the church, which is on an
east-west street;
(7) the primary entrance to the church and the primary
entrance to the premises are more than 160 feet apart; and
(8) the church has expressed, in writing, its support
for the issuance of a license under this subsection.
(nnn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located

HB3994 Engrossed - 278 - LRB101 15674 RJF 65023 b
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school and church or
synagogue if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the front door of the synagogue faces east on the
next north-south street east of and parallel to the
north-south street on which the restaurant is located where
the restaurant's front door faces west;
(4) the closest exterior pedestrian entrance that
leads to the school or the synagogue is across an east-west
street and at least 300 feet from the primary entrance to
the restaurant;
(5) the nearest church-related or school-related
building is a community center building;
(6) the restaurant is on the ground floor of a 3-story
building constructed in 1896 with a brick façade;
(7) the restaurant shares the ground floor with a
theater, and the second and third floors of the building in
which the restaurant is located consists of residential
housing;
(8) the leader of the synagogue and school has
expressed, in writing, that the synagogue does not object
to the issuance of a license under this subsection; and

HB3994 Engrossed - 279 - LRB101 15674 RJF 65023 b
(9) the alderperson alderman of the ward in which the
premises is located has expressed, in writing, his or her
support for the issuance of the license.
(ooo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 2,000 but less than 5,000 inhabitants
in a county with a population in excess of 3,000,000 and within
100 feet of a home for the aged if:
(1) as of March 1, 2016, the premises were used to sell
alcohol pursuant to a retail tavern and packaged goods
license issued by the municipality and held by a limited
liability company as the proprietor of the premises;
(2) the home for the aged was completed in 2015;
(3) the home for the aged is a 5-story structure;
(4) the building in which the premises are situated is
directly adjacent to the home for the aged;
(5) the building in which the premises are situated was
constructed before 1950;
(6) the home for the aged has not indicated its
opposition to the issuance or renewal of the license; and
(7) the president of the municipality has expressed in
writing that he or she does not object to the issuance or
renewal of the license.
(ppp) Notwithstanding any provision of this Section to the

HB3994 Engrossed - 280 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or churches if:
(1) the shortest distance between the premises and a
church is at least 78 feet apart and no greater than 95
feet apart;
(2) the premises are a single-story, brick commercial
building and between 3,600 to 4,000 square feet and the
original building was built before 1922;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are separated from the buildings
containing the churches by a street;
(5) the previous owners of the business located on the
premises held a liquor license for at least 10 years;
(6) the new owner of the business located on the
premises has managed 2 other food and liquor stores since
1997;
(7) the principal religious leaders at the places of
worship have indicated their support for the issuance or
renewal of the license in writing; and
(8) the alderperson alderman of the ward in which the
premises are located has indicated his or her support for
the issuance or renewal of the license in writing.
(qqq) Notwithstanding any provision of this Section to the

HB3994 Engrossed - 281 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises are located on the opposite side of
the same street on which the church is located;
(4) the church is located on a corner lot;
(5) the shortest distance between the premises and the
church is at least 90 feet apart and no greater than 95
feet apart;
(6) the premises are at least 3,000 but no more than
5,000 square feet;
(7) the church's original chapel was built in 1858;
(8) the church's first congregation was organized in
1860; and
(9) the leaders of the church and the alderperson
alderman of the ward in which the premises are located has
expressed, in writing, their support for the issuance of
the license.
(rrr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

HB3994 Engrossed - 282 - LRB101 15674 RJF 65023 b
or renewal of a license authorizing the sale of alcoholic
liquor at a restaurant or banquet facility established within
premises located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
or school if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the immediately prior owner or the operator of the
restaurant or banquet facility held a valid retail license
authorizing the sale of alcoholic liquor at the premises
for at least part of the 24 months before a change of
ownership;
(4) the premises are located immediately east and
across the street from an elementary school;
(5) the premises and elementary school are part of an
approximately 100-acre campus owned by the church;
(6) the school opened in 1999 and was named after the
founder of the church; and
(7) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(sss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 283 - LRB101 15674 RJF 65023 b
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 5,300 square feet and
located in a building that was built prior to 1940;
(2) the shortest distance between the property line of
the premises and the exterior wall of the building in which
the church is located is at least 109 feet;
(3) the distance between the building in which the
church is located and the building in which the premises
are located is at least 118 feet;
(4) the main entrance to the church faces west and is
at least 602 feet from the main entrance of the premises;
(5) the shortest distance between the property line of
the premises and the property line of the school is at
least 177 feet;
(6) the applicant has been in business for more than 10
years;
(7) the principal religious leader of the church has
indicated his or her support for the issuance or renewal of
the license in writing;
(8) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(9) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her

HB3994 Engrossed - 284 - LRB101 15674 RJF 65023 b
support for the issuance of the license.
(ttt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 59,000 square feet and
located in a building that was built prior to 1940;
(2) the shortest distance between the west property
line of the premises and the exterior wall of the church is
at least 99 feet;
(3) the distance between the building in which the
church is located and the building in which the premises
are located is at least 102 feet;
(4) the main entrance to the church faces west and is
at least 457 feet from the main entrance of the premises;
(5) the shortest distance between the property line of
the premises and the property line of the school is at
least 66 feet;
(6) the applicant has been in business for more than 10
years;
(7) the principal religious leader of the church has
indicated his or her support for the issuance or renewal of
the license in writing;
(8) the principal of the school has indicated in

HB3994 Engrossed - 285 - LRB101 15674 RJF 65023 b
writing that he or she is not opposed to the issuance of
the license; and
(9) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(uuu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a place of worship if:
(1) the sale of liquor is incidental to the sale of
food;
(2) the premises are at least 7,100 square feet;
(3) the shortest distance between the north property
line of the premises and the nearest exterior wall of the
place of worship is at least 86 feet;
(4) the main entrance to the place of worship faces
north and is more than 150 feet from the main entrance of
the premises;
(5) the applicant has been in business for more than 20
years at the location;
(6) the principal religious leader of the place of
worship has indicated his or her support for the issuance
or renewal of the license in writing; and
(7) the alderperson alderman of the ward in which the

HB3994 Engrossed - 286 - LRB101 15674 RJF 65023 b
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(vvv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of 2 churches if:
(1) as of January 1, 2015, the premises were used for
the sale of alcoholic liquor for consumption on the
premises and the sale was authorized pursuant to a retail
tavern license held by an individual as the sole proprietor
of the premises;
(2) a primary entrance of the church situated to the
south of the premises is located on a street running
perpendicular to the street upon which a primary entrance
of the premises is situated;
(3) the church located to the south of the premises is
a 3-story structure that was constructed in 2006;
(4) a parking lot separates the premises from the
church located to the south of the premises;
(5) the building in which the premises are situated was
constructed before 1930;
(6) the building in which the premises are situated is
a 2-story, mixed-use commercial and residential structure
containing more than 20,000 total square feet and

HB3994 Engrossed - 287 - LRB101 15674 RJF 65023 b
containing at least 7 residential units on the second floor
and 3 commercial units on the first floor;
(7) the building in which the premises are situated is
immediately adjacent to the church located to the north of
the premises;
(8) the primary entrance of the church located to the
north of the premises and the primary entrance of the
premises are located on the same street;
(9) the churches have not indicated their opposition to
the issuance or renewal of the license in writing; and
(10) the alderperson alderman of the ward in which the
premises are located has expressed, in writing, his or her
support for the issuance of the license.
(www) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant at premises located within a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food and is not the principal business of the
restaurant;
(2) the building in which the restaurant is located was
constructed in 1909 and is a 2-story structure;
(3) the restaurant has been operating continuously
since 1962, has been located at the existing premises since

HB3994 Engrossed - 288 - LRB101 15674 RJF 65023 b
1989, and has been owned and operated by the same family,
which also operates a deli in a building located
immediately to the east and adjacent and connected to the
restaurant;
(4) the entrance to the restaurant is more than 200
feet from the entrance to the school;
(5) the building in which the restaurant is located and
the building in which the school is located are separated
by a traffic-congested major street;
(6) the building in which the restaurant is located
faces a public park located to the east of the school,
cannot be seen from the windows of the school, and is not
directly across the street from the school;
(7) the school building is located 2 blocks from a
major private university;
(8) the school is a public school that has
pre-kindergarten through eighth grade classes, is an open
enrollment school, and has a preschool program that has
earned a Gold Circle of Quality award;
(9) the local school council has given written consent
for the issuance of the liquor license; and
(10) the alderperson alderman of the ward in which the
premises are located has given written consent for the
issuance of the liquor license.
(xxx) (Blank).
(yyy) Notwithstanding any provision in this Section to the

HB3994 Engrossed - 289 - LRB101 15674 RJF 65023 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a store that is located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are primarily used for the sale of
alcoholic liquor;
(2) on January 1, 2017, the store was authorized to
sell alcoholic liquor pursuant to a package goods liquor
license;
(3) on January 1, 2017, the store occupied
approximately 5,560 square feet and will be expanded to
include 440 additional square feet for the purpose of
storage;
(4) the store was in existence before the church;
(5) the building in which the store is located was
built in 1956 and is immediately south of the church;
(6) the store and church are separated by an east-west
street;
(7) the owner of the store received his first liquor
license in 1986;
(8) the church has not indicated its opposition to the
issuance or renewal of the license in writing; and
(9) the alderperson alderman of the ward in which the
store is located has expressed his or her support for the
issuance or renewal of the license.

HB3994 Engrossed - 290 - LRB101 15674 RJF 65023 b
(zzz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are approximately 2,800 square feet
with east frontage on South Allport Street and north
frontage on West 18th Street in the City of Chicago;
(2) the shortest distance between the north property
line of the premises and the nearest exterior wall of the
church is 95 feet;
(3) the main entrance to the church is on West 18th
Street, faces south, and is more than 100 feet from the
main entrance to the premises;
(4) the sale of alcoholic liquor is incidental to the
sale of food in a restaurant;
(5) the principal religious leader of the church has
not indicated his or her opposition to the issuance or
renewal of the license in writing; and
(6) the alderperson alderman of the ward in which the
premises are located has indicated his or her support for
the issuance or renewal of the license in writing.
(aaaa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 291 - LRB101 15674 RJF 65023 b
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the premises and the
church is at least 65 feet apart and no greater than 70
feet apart;
(2) the premises are located on the ground floor of a
freestanding, 3-story building of brick construction with
2 stories of residential apartments above the premises;
(3) the premises are approximately 2,557 square feet;
(4) the premises and the church are located on opposite
corners and are separated by sidewalks and a street;
(5) the sale of alcohol is not the principal business
carried on by the licensee at the premises;
(6) the pastor of the church has not indicated his or
her opposition to the issuance or renewal of the license in
writing; and
(7) the alderperson alderman of the ward in which the
premises are located has not indicated his or her
opposition to the issuance or renewal of the license in
writing.
(bbbb) Notwithstanding any other provision of this Section
to the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor at premises or an outdoor location at the
premises located within a municipality with a population in

HB3994 Engrossed - 292 - LRB101 15674 RJF 65023 b
excess of 1,000,000 inhabitants and that are within 100 feet of
a church or school if:
(1) the church was a Catholic cathedral on January 1,
2018;
(2) the church has been in existence for at least 150
years;
(3) the school is affiliated with the church;
(4) the premises are bordered by State Street on the
east, Superior Street on the south, Dearborn Street on the
west, and Chicago Avenue on the north;
(5) the premises are located within 2 miles of Lake
Michigan and the Chicago River;
(6) the premises are located in and adjacent to a
building for which construction commenced after January 1,
2018;
(7) the alderperson alderman who represents the
district in which the premises are located has written a
letter of support for the issuance of a license; and
(8) the principal religious leader of the church and
the principal of the school have both signed a letter of
support for the issuance of a license.
(cccc) Notwithstanding any other provision of this Section
to the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor within a restaurant at premises located within
a municipality with a population in excess of 1,000,000

HB3994 Engrossed - 293 - LRB101 15674 RJF 65023 b
inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food and is not the principal business of the
restaurant;
(2) the building in which the restaurant is located was
constructed in 1912 and is a 3-story structure;
(3) the restaurant has been in operation since 2015 and
its entrance faces North Western Avenue;
(4) the entrance to the school faces West Augusta
Boulevard;
(5) the entrance to the restaurant is more than 100
feet from the entrance to the school;
(6) the school is a Catholic school affiliated with the
nearby Catholic Parish church;
(7) the building in which the restaurant is located and
the building in which the school is located are separated
by an alley;
(8) the principal of the school has not indicated his
or her opposition to the issuance or renewal of the license
in writing; and
(9) the alderperson alderman of the ward in which the
restaurant is located has expressed his or her support for
the issuance or renewal of the license.
(dddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3994 Engrossed - 294 - LRB101 15674 RJF 65023 b
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the premises are approximately 6,250 square feet
with south frontage on Bryn Mawr Avenue and north frontage
on the alley 125 feet north of Bryn Mawr Avenue in the City
of Chicago;
(2) the shortest distance between the south property
line of the premises and the nearest exterior wall of the
school is 248 feet;
(3) the main entrance to the school is on Christiana
Avenue, faces east, and is more than 100 feet from the main
entrance to the premises;
(4) the sale of alcoholic liquor is incidental to the
sale of food in a restaurant;
(5) the principal of the school has not indicated his
or her opposition to the issuance or renewal of the license
in writing; and
(6) the alderperson alderman of the ward in which the
premises are located has indicated his or her support for
the issuance or renewal of the license in writing.
(eeee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100

HB3994 Engrossed - 295 - LRB101 15674 RJF 65023 b
feet of a school if:
(1) the premises are approximately 2,300 square feet
with south frontage on 53rd Street in the City of Chicago
and the eastern property line of the premises abuts a
private alleyway;
(2) the shortest distance between the south property
line of the premises and the nearest exterior wall of the
school is approximately 187 feet;
(3) the main entrance to the school is on Cornell
Avenue, faces west, and is more than 100 feet from the main
entrance to the premises;
(4) the sale of alcoholic liquor is incidental to the
sale of food in a restaurant;
(5) the principal of the school has not indicated his
or her opposition to the issuance or renewal of the license
in writing; and
(6) the alderperson alderman of the ward in which the
premises are located has indicated his or her support for
the issuance or renewal of the license in writing.
(Source: P.A. 100-36, eff. 8-4-17; 100-38, eff. 8-4-17;
100-201, eff. 8-18-17; 100-579, eff. 2-13-18; 100-663, eff.
8-2-18; 100-863, eff. 8-14-18; 100-1036, eff. 8-22-18; 101-81,
eff. 7-12-19.)
Section 75. The Cannabis Regulation and Tax Act is amended
by changing Section 55-28 as follows:

HB3994 Engrossed - 296 - LRB101 15674 RJF 65023 b
(410 ILCS 705/55-28)
Sec. 55-28. Restricted cannabis zones.
(a) As used in this Section:
"Legal voter" means a person:
(1) who is duly registered to vote in a municipality
with a population of over 500,000;
(2) whose name appears on a poll list compiled by the
city board of election commissioners since the last
preceding election, regardless of whether the election was
a primary, general, or special election;
(3) who, at the relevant time, is a resident of the
address at which he or she is registered to vote; and
(4) whose address, at the relevant time, is located in
the precinct where such person seeks to circulate or sign a
petition under this Section.
As used in the definition of "legal voter", "relevant time"
means any time that:
(i) a notice of intent is filed, pursuant to subsection
(c) of this Section, to initiate the petition process under
this Section;
(ii) the petition is circulated for signature in the
applicable precinct; or
(iii) the petition is signed by registered voters in
the applicable precinct.
"Petition" means the petition described in this Section.

HB3994 Engrossed - 297 - LRB101 15674 RJF 65023 b
"Precinct" means the smallest constituent territory within
a municipality with a population of over 500,000 in which
electors vote as a unit at the same polling place in any
election governed by the Election Code.
"Restricted cannabis zone" means a precinct within which
home cultivation, one or more types of cannabis business
establishments, or both has been prohibited pursuant to an
ordinance initiated by a petition under this Section.
(b) The legal voters of any precinct within a municipality
with a population of over 500,000 may petition their local
alderperson alderman, using a petition form made available
online by the city clerk, to introduce an ordinance
establishing the precinct as a restricted zone. Such petition
shall specify whether it seeks an ordinance to prohibit, within
the precinct: (i) home cultivation; (ii) one or more types of
cannabis business establishments; or (iii) home cultivation
and one or more types of cannabis business establishments.
Upon receiving a petition containing the signatures of at
least 25% of the registered voters of the precinct, and
concluding that the petition is legally sufficient following
the posting and review process in subsection (c) of this
Section, the city clerk shall notify the local alderperson
alderman of the ward in which the precinct is located. Upon
being notified, that alderperson alderman, following an
assessment of relevant factors within the precinct, including
but not limited to, its geography, density and character, the

HB3994 Engrossed - 298 - LRB101 15674 RJF 65023 b
prevalence of residentially zoned property, current licensed
cannabis business establishments in the precinct, the current
amount of home cultivation in the precinct, and the prevailing
viewpoint with regard to the issue raised in the petition, may
introduce an ordinance to the municipality's governing body
creating a restricted cannabis zone in that precinct.
(c) A person seeking to initiate the petition process
described in this Section shall first submit to the city clerk
notice of intent to do so, on a form made available online by
the city clerk. That notice shall include a description of the
potentially affected area and the scope of the restriction
sought. The city clerk shall publicly post the submitted notice
online.
To be legally sufficient, a petition must contain the
requisite number of valid signatures and all such signatures
must be obtained within 90 days of the date that the city clerk
publicly posts the notice of intent. Upon receipt, the city
clerk shall post the petition on the municipality's website for
a 30-day comment period. The city clerk is authorized to take
all necessary and appropriate steps to verify the legal
sufficiency of a submitted petition. Following the petition
review and comment period, the city clerk shall publicly post
online the status of the petition as accepted or rejected, and
if rejected, the reasons therefor. If the city clerk rejects a
petition as legally insufficient, a minimum of 12 months must
elapse from the time the city clerk posts the rejection notice

HB3994 Engrossed - 299 - LRB101 15674 RJF 65023 b
before a new notice of intent for that same precinct may be
submitted.
(d) Notwithstanding any law to the contrary, the
municipality may enact an ordinance creating a restricted
cannabis zone. The ordinance shall:
(1) identify the applicable precinct boundaries as of
the date of the petition;
(2) state whether the ordinance prohibits within the
defined boundaries of the precinct, and in what
combination: (A) one or more types of cannabis business
establishments; or (B) home cultivation;
(3) be in effect for 4 years, unless repealed earlier;
and
(4) once in effect, be subject to renewal by ordinance
at the expiration of the 4-year period without the need for
another supporting petition.
(Source: P.A. 101-27, eff. 6-25-19.)
Section 80. The Illinois Vehicle Code is amended by
changing Section 3-610 as follows:
(625 ILCS 5/3-610) (from Ch. 95 1/2, par. 3-610)
Sec. 3-610. Members of Congress. Upon receiving an
application for a certificate of registration for a motor
vehicle from a member of the Congress of the United States from
Illinois, accompanied with payments of the registration fees

HB3994 Engrossed - 300 - LRB101 15674 RJF 65023 b
and taxes required under this Act, the Secretary of State
instead of issuing to such member number plates as hereinabove
provided, shall, if such member so requests, issue to him two
number plates as described in this Section. Two duplicate sets
of these number plates may be issued if requested and may be
used on 2 different motor vehicles. There shall appear, in
addition to the designation of the State and the year for which
such license was issued, if he is a member of the House of
Representatives, the number of the congressional district of
such member in the center of the plate followed in the next
line by the words "U. S. Congressperson Congressman"; if he is
the senior Senator from Illinois, the number 1 shall be in the
center of the plate followed in the next line by the word
"Senator"; and if he is the junior Senator, the number 2 shall
be in the center of the plate followed in the next line by the
word "Senator".
Such plates may be issued for a 2 year period beginning
January 1st of each odd-numbered year and ending December 31st
of the subsequent even-numbered years.
(Source: P.A. 85-413.)
Section 85. The Code of Civil Procedure is amended by
changing Section 15-1503 as follows:
(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
Sec. 15-1503. Notice of foreclosure.

HB3994 Engrossed - 301 - LRB101 15674 RJF 65023 b
(a) A notice of foreclosure, whether the foreclosure is
initiated by complaint or counterclaim, made in accordance with
this Section and recorded in the county in which the mortgaged
real estate is located shall be constructive notice of the
pendency of the foreclosure to every person claiming an
interest in or lien on the mortgaged real estate, whose
interest or lien has not been recorded prior to the recording
of such notice of foreclosure. Such notice of foreclosure must
be executed by any party or any party's attorney and shall
include (i) the names of all plaintiffs and the case number,
(ii) the court in which the action was brought, (iii) the names
of title holders of record, (iv) a legal description of the
real estate sufficient to identify it with reasonable
certainty, (v) a common address or description of the location
of the real estate and (vi) identification of the mortgage
sought to be foreclosed. An incorrect common address or
description of the location, or an immaterial error in the
identification of a plaintiff or title holder of record, shall
not invalidate the lis pendens effect of the notice under this
Section. A notice which complies with this Section shall be
deemed to comply with Section 2-1901 of the Code of Civil
Procedure and shall have the same effect as a notice filed
pursuant to that Section; however, a notice which complies with
Section 2-1901 shall not be constructive notice unless it also
complies with the requirements of this Section.
(b) With respect to residential real estate, a copy of the

HB3994 Engrossed - 302 - LRB101 15674 RJF 65023 b
notice of foreclosure described in subsection (a) of Section
15-1503 shall be sent by first class mail, postage prepaid, to
the municipality within the boundary of which the mortgaged
real estate is located, or to the county within the boundary of
which the mortgaged real estate is located if the mortgaged
real estate is located in an unincorporated territory. A
municipality or county must clearly publish on its website a
single address to which such notice shall be sent. If a
municipality or county does not maintain a website, then the
municipality or county must publicly post in its main office a
single address to which such notice shall be sent. In the event
that a municipality or county has not complied with the
publication requirement in this subsection (b), then the copy
of the notice to the municipality or county shall be sent by
first class mail, postage prepaid, to the chairperson of the
county board or county clerk in the case of a county, to the
mayor or city clerk in the case of a city, to the president of
the board of trustees or village clerk in the case of a
village, or to the president or town clerk in the case of a
town. Additionally, if the real estate is located in a city
with a population of more than 2,000,000, regardless of whether
that city has complied with the publication requirement in this
subsection (b), the party must, within 10 days after filing the
complaint or counterclaim: (i) send by first class mail,
postage prepaid, a copy of the notice of foreclosure to the
alderperson alderman for the ward in which the real estate is

HB3994 Engrossed - 303 - LRB101 15674 RJF 65023 b
located and (ii) file an affidavit with the court attesting to
the fact that the notice was sent to the alderperson alderman
for the ward in which the real estate is located. The failure
to send a copy of the notice to the alderperson alderman or to
file an affidavit as required shall result in a stay of the
foreclosure action on a motion of a party or the court. If the
foreclosure action has been stayed by an order of the court,
the plaintiff or the plaintiff's representative shall send the
notice by certified mail, return receipt requested, or by
private carrier that provides proof of delivery, and tender the
return receipt or the proof of delivery to the court. After
proof of delivery is tendered to the court, the court shall
lift the stay of the foreclosure action.
(Source: P.A. 101-399, eff. 8-16-19.)
Section 90. The City Sale or Lease of Land for Cemeteries
Act is amended by changing Section 1 as follows:
(765 ILCS 825/1) (from Ch. 21, par. 7)
Sec. 1. That in all cities of which the mayor and
alderpersons aldermen have heretofore been incorporated by any
special act, as a cemetery association or body politic, it
shall be lawful, a majority of their number assenting thereto,
for such association or body politic to demise for a term of
years, or to convey in perpetuity any real estate which it may
have acquired by purchase or otherwise; and the real estate so

HB3994 Engrossed - 304 - LRB101 15674 RJF 65023 b
conveyed shall be devoted exclusively for burial or cemetery
purposes by the grantee or lessee thereof.
(Source: Laws 1875, p. 40.)
HB3994 Engrossed - 305 - LRB101 15674 RJF 65023 b
INDEX
Statutes amended in order of appearance
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-26 from Ch. 46, par. 2A-26
10 ILCS 5/2A-28 from Ch. 46, par. 2A-28
10 ILCS 5/7-4 from Ch. 46, par. 7-4
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/10-3 from Ch. 46, par. 10-3
10 ILCS 5/23-6.1 from Ch. 46, par. 23-6.1
40 ILCS 5/6-230
40 ILCS 5/7-109 from Ch. 108 1/2, par. 7-109
40 ILCS 5/8-113 from Ch. 108 1/2, par. 8-113
40 ILCS 5/8-232 from Ch. 108 1/2, par. 8-232
40 ILCS 5/8-243 from Ch. 108 1/2, par. 8-243
40 ILCS 5/8-243.2 from Ch. 108 1/2, par. 8-243.2
50 ILCS 105/1 from Ch. 102, par. 1
50 ILCS 105/1.3
50 ILCS 105/2 from Ch. 102, par. 2
50 ILCS 105/4 from Ch. 102, par. 4
55 ILCS 5/3-14036 from Ch. 34, par. 3-14036
65 ILCS 5/1-1-2 from Ch. 24, par. 1-1-2
65 ILCS 5/2-2-9 from Ch. 24, par. 2-2-9
65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
65 ILCS 5/3.1-10-30 from Ch. 24, par. 3.1-10-30
65 ILCS 5/3.1-10-50
HB3994 Engrossed - 306 - LRB101 15674 RJF 65023 b
65 ILCS 5/3.1-10-51
65 ILCS 5/3.1-10-60 from Ch. 24, par. 3.1-10-60
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 5/3.1-15-5 from Ch. 24, par. 3.1-15-5
65 ILCS 5/3.1-15-15 from Ch. 24, par. 3.1-15-15
65 ILCS 5/3.1-15-25 from Ch. 24, par. 3.1-15-25
65 ILCS 5/3.1-15-30 from Ch. 24, par. 3.1-15-30
65 ILCS 5/3.1-15-35 from Ch. 24, par. 3.1-15-35
65 ILCS 5/3.1-15-40 from Ch. 24, par. 3.1-15-40
65 ILCS 5/3.1-20-10 from Ch. 24, par. 3.1-20-10
65 ILCS 5/3.1-20-15 from Ch. 24, par. 3.1-20-15
65 ILCS 5/3.1-20-20 from Ch. 24, par. 3.1-20-20
65 ILCS 5/3.1-20-22 from Ch. 24, par. 3.1-20-22
65 ILCS 5/3.1-20-25 from Ch. 24, par. 3.1-20-25
65 ILCS 5/3.1-20-30 from Ch. 24, par. 3.1-20-30
65 ILCS 5/3.1-20-35 from Ch. 24, par. 3.1-20-35
65 ILCS 5/3.1-20-40 from Ch. 24, par. 3.1-20-40
65 ILCS 5/3.1-20-45
65 ILCS 5/3.1-25-70 from Ch. 24, par. 3.1-25-70
65 ILCS 5/3.1-25-75 from Ch. 24, par. 3.1-25-75
65 ILCS 5/3.1-35-35 from Ch. 24, par. 3.1-35-35
65 ILCS 5/3.1-40-5 from Ch. 24, par. 3.1-40-5
65 ILCS 5/3.1-40-10 from Ch. 24, par. 3.1-40-10
65 ILCS 5/3.1-40-15 from Ch. 24, par. 3.1-40-15
65 ILCS 5/3.1-40-25 from Ch. 24, par. 3.1-40-25
HB3994 Engrossed - 307 - LRB101 15674 RJF 65023 b
65 ILCS 5/3.1-40-30 from Ch. 24, par. 3.1-40-30
65 ILCS 5/3.1-40-35 from Ch. 24, par. 3.1-40-35
65 ILCS 5/3.1-40-40 from Ch. 24, par. 3.1-40-40
65 ILCS 5/3.1-40-50 from Ch. 24, par. 3.1-40-50
65 ILCS 5/3.1-40-55 from Ch. 24, par. 3.1-40-55
65 ILCS 5/3.1-45-5 from Ch. 24, par. 3.1-45-5
65 ILCS 5/3.1-45-15 from Ch. 24, par. 3.1-45-15
65 ILCS 5/3.1-55-5 from Ch. 24, par. 3.1-55-5
65 ILCS 5/4-1-2 from Ch. 24, par. 4-1-2
65 ILCS 5/4-10-1 from Ch. 24, par. 4-10-1
65 ILCS 5/5-1-4 from Ch. 24, par. 5-1-4
65 ILCS 5/5-2-1 from Ch. 24, par. 5-2-1
65 ILCS 5/5-2-2 from Ch. 24, par. 5-2-2
65 ILCS 5/5-2-3 from Ch. 24, par. 5-2-3
65 ILCS 5/5-2-3.1 from Ch. 24, par. 5-2-3.1
65 ILCS 5/5-2-4 from Ch. 24, par. 5-2-4
65 ILCS 5/5-2-5 from Ch. 24, par. 5-2-5
65 ILCS 5/5-2-7 from Ch. 24, par. 5-2-7
65 ILCS 5/5-2-8 from Ch. 24, par. 5-2-8
65 ILCS 5/5-2-11 from Ch. 24, par. 5-2-11
65 ILCS 5/5-2-12 from Ch. 24, par. 5-2-12
65 ILCS 5/5-2-17 from Ch. 24, par. 5-2-17
65 ILCS 5/5-2-18 from Ch. 24, par. 5-2-18
65 ILCS 5/5-2-18.1 from Ch. 24, par. 5-2-18.1
65 ILCS 5/5-2-18.2 from Ch. 24, par. 5-2-18.2
65 ILCS 5/5-2-18.7 from Ch. 24, par. 5-2-18.7
HB3994 Engrossed - 308 - LRB101 15674 RJF 65023 b
65 ILCS 5/5-2-19 from Ch. 24, par. 5-2-19
65 ILCS 5/5-3-1 from Ch. 24, par. 5-3-1
65 ILCS 5/5-3-3 from Ch. 24, par. 5-3-3
65 ILCS 5/5-3-4 from Ch. 24, par. 5-3-4
65 ILCS 5/5-3-5 from Ch. 24, par. 5-3-5
65 ILCS 5/5-3-7 from Ch. 24, par. 5-3-7
65 ILCS 5/5-3-8 from Ch. 24, par. 5-3-8
65 ILCS 5/5-4-1 from Ch. 24, par. 5-4-1
65 ILCS 5/5-4-3 from Ch. 24, par. 5-4-3
65 ILCS 5/5-5-1 from Ch. 24, par. 5-5-1
65 ILCS 5/5-5-5 from Ch. 24, par. 5-5-5
65 ILCS 5/6-3-2 from Ch. 24, par. 6-3-2
65 ILCS 5/6-3-3 from Ch. 24, par. 6-3-3
65 ILCS 5/6-3-4 from Ch. 24, par. 6-3-4
65 ILCS 5/6-3-5 from Ch. 24, par. 6-3-5
65 ILCS 5/6-3-6 from Ch. 24, par. 6-3-6
65 ILCS 5/6-3-7 from Ch. 24, par. 6-3-7
65 ILCS 5/6-3-8 from Ch. 24, par. 6-3-8
65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9
65 ILCS 5/6-3-10 from Ch. 24, par. 6-3-10
65 ILCS 5/6-4-3 from Ch. 24, par. 6-4-3
65 ILCS 5/6-4-4 from Ch. 24, par. 6-4-4
65 ILCS 5/6-5-1 from Ch. 24, par. 6-5-1
65 ILCS 5/7-1-15 from Ch. 24, par. 7-1-15
65 ILCS 5/7-1-39 from Ch. 24, par. 7-1-39
65 ILCS 5/7-1-42 from Ch. 24, par. 7-1-42
HB3994 Engrossed - 309 - LRB101 15674 RJF 65023 b
65 ILCS 5/7-2-1 from Ch. 24, par. 7-2-1
65 ILCS 5/7-2-19 from Ch. 24, par. 7-2-19
65 ILCS 5/7-2-28 from Ch. 24, par. 7-2-28
65 ILCS 5/8-9-1 from Ch. 24, par. 8-9-1
65 ILCS 5/10-1-30 from Ch. 24, par. 10-1-30
65 ILCS 5/10-3-5 from Ch. 24, par. 10-3-5
65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1
65 ILCS 5/11-13-10 from Ch. 24, par. 11-13-10
65 ILCS 5/11-13-14 from Ch. 24, par. 11-13-14
65 ILCS 5/11-13-14.1 from Ch. 24, par. 11-13-14.1
65 ILCS 5/11-80-5 from Ch. 24, par. 11-80-5
65 ILCS 5/11-91-1 from Ch. 24, par. 11-91-1
65 ILCS 5/11-101-2 from Ch. 24, par. 11-101-2
65 ILCS 20/21-5.1 from Ch. 24, par. 21-5.1
65 ILCS 20/21-7 from Ch. 24, par. 21-7
65 ILCS 20/21-14 from Ch. 24, par. 21-14
65 ILCS 20/prec. Sec.
21-22 heading
65 ILCS 20/21-22 from Ch. 24, par. 21-22
65 ILCS 20/21-23 from Ch. 24, par. 21-23
65 ILCS 20/21-24 from Ch. 24, par. 21-24
65 ILCS 20/21-25 from Ch. 24, par. 21-25
65 ILCS 20/21-26 from Ch. 24, par. 21-26
65 ILCS 20/21-27 from Ch. 24, par. 21-27
65 ILCS 20/21-28 from Ch. 24, par. 21-28
65 ILCS 20/21-29 from Ch. 24, par. 21-29
HB3994 Engrossed - 310 - LRB101 15674 RJF 65023 b
65 ILCS 20/21-30 from Ch. 24, par. 21-30
65 ILCS 20/21-32 from Ch. 24, par. 21-32
65 ILCS 20/21-33 from Ch. 24, par. 21-33
65 ILCS 20/21-34 from Ch. 24, par. 21-34
65 ILCS 20/21-38 from Ch. 24, par. 21-38
65 ILCS 20/21-39 from Ch. 24, par. 21-39
65 ILCS 20/21-40 from Ch. 24, par. 21-40
65 ILCS 20/21-41 from Ch. 24, par. 21-41
70 ILCS 200/210-20
70 ILCS 200/210-25
70 ILCS 200/270-20
70 ILCS 200/270-25
70 ILCS 210/5.6
70 ILCS 755/10
70 ILCS 1210/23 from Ch. 24 1/2, par. 102
70 ILCS 1215/25 from Ch. 24 1/2, par. 138
70 ILCS 2605/4.25 from Ch. 42, par. 323.25
105 ILCS 5/34-210
105 ILCS 5/34-230
105 ILCS 5/34-235
235 ILCS 5/4-1 from Ch. 43, par. 110
235 ILCS 5/6-2 from Ch. 43, par. 120
235 ILCS 5/6-11
410 ILCS 705/55-28
625 ILCS 5/3-610 from Ch. 95 1/2, par. 3-610
735 ILCS 5/15-1503 from Ch. 110, par. 15-1503
HB3994 Engrossed - 311 - LRB101 15674 RJF 65023 b