Rep. Michael P. McAuliffe

Filed: 3/8/2011

 

 


 

 


 
09700HB0195ham001LRB097 05123 KMW 51978 a

1
AMENDMENT TO HOUSE BILL 195

2    AMENDMENT NO. ______. Amend House Bill 195 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1warrant under their signatures and seals, and the persons so
2appointed shall hold their respective offices for the remainder
3of the unexpired terms. All persons so appointed shall have the
4same powers and duties and are subject to the same penalties as
5if they had been elected or appointed for a full term of
6office. A vacancy in the office of township or multi-township
7assessor shall be filled only as provided in the Property Tax
8Code.
9    For purposes of this subsection (a), a conviction for an
10offense that disqualifies an officer from holding that office
11occurs on the date of (i) the entry of a plea of guilty in
12court, (ii) the return of a guilty verdict, or (iii) in the
13case of a trial by the court, the entry of a finding of guilt.
14    (b) If a vacancy on the township board is not filled within
1560 days, then a special township meeting must be called under
16Section 35-5 to select a replacement under Section 35-35.
17    (c) Except as otherwise provided in this Section, whenever
18any township or multi-township office becomes vacant or
19temporarily vacant due to a physical incapacity of a township
20officer, the township or multi-township board may temporarily
21appoint a deputy to perform the ministerial functions of the
22vacant office until the physically incapacitated township
23officer submits a written statement to the appropriate board
24that he or she is physically able to perform his or her duty.
25The statement shall be sworn to before an officer authorized to
26administer oaths in this State. A temporary deputy shall not be

 

 

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1permitted to vote at any meeting of the township board on any
2matter properly before the board. The compensation of a
3temporary deputy shall be determined by the appropriate board.
4The township board shall not appoint a deputy clerk if the
5township clerk has appointed a deputy clerk under Section
675-45.
7    (d) Any person appointed to fill a vacancy under this
8Section shall be a member of the same political party as the
9person vacating the office if the person vacating the office
10was elected as a member of an established political party,
11under Section 10-2 of the Election Code, that is still in
12existence at the time of appointment. The appointee shall
13establish his or her political party affiliation by his or her
14record of voting in party primary elections or by holding or
15having held an office in a political party organization before
16appointment. If the appointee has not voted in a party primary
17election or is not holding or has not held an office in a
18political party organization before the appointment, then the
19appointee shall establish his or her political party
20affiliation by his or her record of participating in a
21political party's nomination or election caucus.
22(Source: P.A. 90-748, eff. 8-14-98.)
 
23    (60 ILCS 1/170-15)
24    Sec. 170-15. Board of directors; appointment; conflict of
25interest; vacancy. Board of directors; appointment; conflict

 

 

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1of interest; vacancy.
2    (a) The township clerk shall file a petition with the
3county clerk of the county in which the township is located,
4reciting that the township clerk certified the proposition to
5the proper election officials, who submitted the proposition at
6an election in and for the township in response to a petition
7signed by 25 voters for the purpose of submitting the
8proposition of establishing a public hospital as provided in
9this Article, and that the election carried by a majority of
10the voters voting at the election on the question. The township
11clerk's petition also shall request the township board to
12appoint a board of directors for the management and operation
13of the hospital.
14    (b) The township board shall appoint 5 persons to serve
15without compensation. The first directors appointed shall hold
16office respectively for one, 2, 3, 4, and 5 years from the
17first Monday in the month following their appointment and until
18their successors are appointed and qualified. On or after the
19first Monday in May of each succeeding year, the township board
20shall appoint one director whose term shall be for 5 years,
21commencing the first Monday in May of the year he or she is
22appointed. Each appointment of a successor director shall be
23made in the same manner and under the same conditions as the
24appointment of his or her predecessor. The length of the term
25of the first directors appointed shall be determined by lot at
26their first meeting, which shall be held not less than 30 days

 

 

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1after their appointment. A majority of the board of directors
2shall constitute a quorum, but a smaller number may adjourn
3from day to day.
4    The township board may, by resolution, increase the
5membership of the board to 7 directors. The resolution shall
6not affect the terms of the incumbent directors. Before the
7first Monday in May following the adoption of the resolution,
8the township board shall appoint 3 directors, one to succeed
9the incumbent whose term expires and the 2 additional directors
10provided for in the resolution, for terms of 3, 4, and 5 years
11from the first Monday in May of the year of the appointment.
12Thereafter, upon the expiration of the term of any director,
13his or her successor shall be appointed for a term of 5 years
14and until a successor is appointed and qualified for a like
15term.
16    If the township board has, by previous resolution,
17increased the membership of the board to 7 directors, the
18township board may by new resolution increase the membership of
19the board by 2 new members in any one year up to a maximum of 11
20directors. The new resolution shall not affect the terms of the
21incumbent directors. Before the first Monday in May following
22the adoption of the new resolution, the township board shall
23appoint a sufficient number of directors so that there will be
24(i) a successor for the full term of each incumbent whose term
25expires and (ii) the 2 additional directors provided for in the
26new resolution for terms of 4 and 5 years from the first Monday

 

 

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1in May of the year of appointment. Thereafter, upon the
2expiration of the term of any director, his or her successor
3shall be appointed for a term of 5 years and until a successor
4is appointed and qualified for a like term.
5    (c) No director or employee of the township shall be
6directly or indirectly interested (i) in any contract, work, or
7business of the township, (ii) in the sale of any article whose
8expense, price, or consideration is paid by the township, or
9(iii) in the purchase of any real estate or property for or
10belonging to the township.
11    (d) Whenever a vacancy in the board of directors occurs
12from a director's death, resignation, or refusal to qualify, or
13for any other reason including without limitation the
14conviction in any court of the State of Illinois or of the
15United States of a director for an infamous crime, the township
16board may fill the vacancy by appointment. The person appointed
17or qualified for office under this Section shall assume the
18duties of that person for whose unexpired term he or she was
19appointed.
20    For purposes of this subsection (d), a conviction for an
21offense that disqualifies a director from membership on the
22board occurs on the date of (i) the entry of a plea of guilty in
23court, (ii) the return of a guilty verdict, or (iii) in the
24case of a trial by the court, the entry of a finding of guilt.
25(Source: P.A. 88-62; 88-662, eff. 9-16-94.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2012.".