Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0104


 

Public Act 0104 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0104
 
HB3141 EnrolledLRB101 10442 AWJ 55548 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing Section
60-5 as follows:
 
    (60 ILCS 1/60-5)
    Sec. 60-5. Filling vacancies in township offices.
    (a) Except for the office of township or multi-township
assessor, if a township fails to elect the number of township
officers that the township is entitled to by law, or a person
elected to any township office fails to qualify, or a vacancy
in any township office occurs for any other reason including
without limitation the resignation of an officer or the
conviction in any court of the State of Illinois or of the
United States of an officer for an infamous crime, then the
township board shall fill the vacancy by appointment, by
warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the remainder
of the unexpired terms. All persons so appointed shall have the
same powers and duties and are subject to the same penalties as
if they had been elected or appointed for a full term of
office. A vacancy in the office of township or multi-township
assessor shall be filled only as provided in the Property Tax
Code.
    For purposes of this subsection (a), a conviction for an
offense that disqualifies an officer from holding that office
occurs on the date of (i) the entry of a plea of guilty in
court, (ii) the return of a guilty verdict, or (iii) in the
case of a trial by the court, the entry of a finding of guilt.
    (b) If a vacancy on the township board is not filled within
60 days, then a special township meeting must be called under
Section 35-5 to select a replacement under Section 35-35.
    (b-5) If the vacancy being filled under subsection (a) or
(b) is for the township supervisor, a trustee shall be
appointed as deputy supervisor to perform the ministerial
functions of that office until the vacancy is filled under
subsections (a) or (b). Once the vacancy is filled under
subsections (a) or (b), the deputy supervisor's appointment is
terminated.
    (c) Except as otherwise provided in this Section, whenever
any township or multi-township office becomes vacant or
temporarily vacant due to a physical incapacity of a township
officer, the township or multi-township board may temporarily
appoint a deputy to perform the ministerial functions of the
vacant office until the vacancy has been filled as provided in
subsection (a) or (b). If the office is temporarily vacant, the
temporarily appointed deputy may perform the ministerial
functions of the vacant office until the physically
incapacitated township officer submits a written statement to
the appropriate board that he or she is physically able to
resume perform his or her duties duty. The statement shall be
sworn to before an officer authorized to administer oaths in
this State. A temporary deputy shall not be permitted to vote
at any meeting of the township board on any matter properly
before the board unless the appointed deputy is a trustee of
the board at the time of the vote. If the appointed deputy is a
trustee appointed as a temporary deputy, his or her trustee
compensation shall be suspended until he or she concludes his
or her appointment as an appointed deputy upon the permanent
appointment to fill the vacancy. The compensation of a
temporary deputy shall be determined by the appropriate board.
The township board shall not appoint a deputy clerk if the
township clerk has appointed a deputy clerk under Section
75-45.
    (d) Except for the temporary appointment of a deputy under
subsection (c), any Any person appointed to fill a vacancy
under this Section shall be a member of the same political
party as the person vacating the office if the person vacating
the office was elected as a member of an established political
party, under Section 10-2 of the Election Code, that is still
in existence at the time of appointment. The appointee shall
establish his or her political party affiliation by his or her
record of voting in party primary elections or by holding or
having held an office in a political party organization before
appointment. If the appointee has not voted in a party primary
election or is not holding or has not held an office in a
political party organization before the appointment, then the
appointee shall establish his or her political party
affiliation by his or her record of participating in a
political party's nomination or election caucus.
(Source: P.A. 97-295, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/19/2019