HB0195 EngrossedLRB097 05123 KMW 45168 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing
5Sections 60-5 and 170-15 as follows:
 
6    (60 ILCS 1/60-5)
7    Sec. 60-5. Filling vacancies in township offices.
8    (a) Except for the office of township or multi-township
9assessor, if a township fails to elect the number of township
10officers that the township is entitled to by law, or a person
11elected to any township office fails to qualify, or a vacancy
12in any township office occurs for any other reason including
13without limitation the resignation of an officer or the
14conviction in any court of the State of Illinois or of the
15United States of an officer for an infamous crime, then the
16township board shall fill the vacancy by appointment, by
17warrant under their signatures and seals, and the persons so
18appointed shall hold their respective offices for the remainder
19of the unexpired terms. All persons so appointed shall have the
20same powers and duties and are subject to the same penalties as
21if they had been elected or appointed for a full term of
22office. A vacancy in the office of township or multi-township
23assessor shall be filled only as provided in the Property Tax

 

 

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1Code.
2    For purposes of this subsection (a), a conviction for an
3offense that disqualifies an officer from holding that office
4occurs on the date of (i) the entry of a plea of guilty in
5court, (ii) the return of a guilty verdict, or (iii) in the
6case of a trial by the court, the entry of a finding of guilt.
7    (b) If a vacancy on the township board is not filled within
860 days, then a special township meeting must be called under
9Section 35-5 to select a replacement under Section 35-35.
10    (c) Except as otherwise provided in this Section, whenever
11any township or multi-township office becomes vacant or
12temporarily vacant due to a physical incapacity of a township
13officer, the township or multi-township board may temporarily
14appoint a deputy to perform the ministerial functions of the
15vacant office until the physically incapacitated township
16officer submits a written statement to the appropriate board
17that he or she is physically able to perform his or her duty.
18The statement shall be sworn to before an officer authorized to
19administer oaths in this State. A temporary deputy shall not be
20permitted to vote at any meeting of the township board on any
21matter properly before the board. The compensation of a
22temporary deputy shall be determined by the appropriate board.
23The township board shall not appoint a deputy clerk if the
24township clerk has appointed a deputy clerk under Section
2575-45.
26    (d) Any person appointed to fill a vacancy under this

 

 

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1Section shall be a member of the same political party as the
2person vacating the office if the person vacating the office
3was elected as a member of an established political party,
4under Section 10-2 of the Election Code, that is still in
5existence at the time of appointment. The appointee shall
6establish his or her political party affiliation by his or her
7record of voting in party primary elections or by holding or
8having held an office in a political party organization before
9appointment. If the appointee has not voted in a party primary
10election or is not holding or has not held an office in a
11political party organization before the appointment, then the
12appointee shall establish his or her political party
13affiliation by his or her record of participating in a
14political party's nomination or election caucus.
15(Source: P.A. 90-748, eff. 8-14-98.)
 
16    (60 ILCS 1/170-15)
17    Sec. 170-15. Board of directors; appointment; conflict of
18interest; vacancy. Board of directors; appointment; conflict
19of interest; vacancy.
20    (a) The township clerk shall file a petition with the
21county clerk of the county in which the township is located,
22reciting that the township clerk certified the proposition to
23the proper election officials, who submitted the proposition at
24an election in and for the township in response to a petition
25signed by 25 voters for the purpose of submitting the

 

 

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1proposition of establishing a public hospital as provided in
2this Article, and that the election carried by a majority of
3the voters voting at the election on the question. The township
4clerk's petition also shall request the township board to
5appoint a board of directors for the management and operation
6of the hospital.
7    (b) The township board shall appoint 5 persons to serve
8without compensation. The first directors appointed shall hold
9office respectively for one, 2, 3, 4, and 5 years from the
10first Monday in the month following their appointment and until
11their successors are appointed and qualified. On or after the
12first Monday in May of each succeeding year, the township board
13shall appoint one director whose term shall be for 5 years,
14commencing the first Monday in May of the year he or she is
15appointed. Each appointment of a successor director shall be
16made in the same manner and under the same conditions as the
17appointment of his or her predecessor. The length of the term
18of the first directors appointed shall be determined by lot at
19their first meeting, which shall be held not less than 30 days
20after their appointment. A majority of the board of directors
21shall constitute a quorum, but a smaller number may adjourn
22from day to day.
23    The township board may, by resolution, increase the
24membership of the board to 7 directors. The resolution shall
25not affect the terms of the incumbent directors. Before the
26first Monday in May following the adoption of the resolution,

 

 

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1the township board shall appoint 3 directors, one to succeed
2the incumbent whose term expires and the 2 additional directors
3provided for in the resolution, for terms of 3, 4, and 5 years
4from the first Monday in May of the year of the appointment.
5Thereafter, upon the expiration of the term of any director,
6his or her successor shall be appointed for a term of 5 years
7and until a successor is appointed and qualified for a like
8term.
9    If the township board has, by previous resolution,
10increased the membership of the board to 7 directors, the
11township board may by new resolution increase the membership of
12the board by 2 new members in any one year up to a maximum of 11
13directors. The new resolution shall not affect the terms of the
14incumbent directors. Before the first Monday in May following
15the adoption of the new resolution, the township board shall
16appoint a sufficient number of directors so that there will be
17(i) a successor for the full term of each incumbent whose term
18expires and (ii) the 2 additional directors provided for in the
19new resolution for terms of 4 and 5 years from the first Monday
20in May of the year of appointment. Thereafter, upon the
21expiration of the term of any director, his or her successor
22shall be appointed for a term of 5 years and until a successor
23is appointed and qualified for a like term.
24    (c) No director or employee of the township shall be
25directly or indirectly interested (i) in any contract, work, or
26business of the township, (ii) in the sale of any article whose

 

 

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1expense, price, or consideration is paid by the township, or
2(iii) in the purchase of any real estate or property for or
3belonging to the township.
4    (d) Whenever a vacancy in the board of directors occurs
5from a director's death, resignation, or refusal to qualify, or
6for any other reason including without limitation the
7conviction in any court of the State of Illinois or of the
8United States of a director for an infamous crime, the township
9board may fill the vacancy by appointment. The person appointed
10or qualified for office under this Section shall assume the
11duties of that person for whose unexpired term he or she was
12appointed.
13    For purposes of this subsection (d), a conviction for an
14offense that disqualifies a director from membership on the
15board occurs on the date of (i) the entry of a plea of guilty in
16court, (ii) the return of a guilty verdict, or (iii) in the
17case of a trial by the court, the entry of a finding of guilt.
18(Source: P.A. 88-62; 88-662, eff. 9-16-94.)
 
19    Section 99. Effective date. This Act takes effect January
201, 2012.