Public Act 90-0748 of the 90th General Assembly

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Public Act 90-0748

HB2424 Enrolled                                LRB9007675PTcw

    AN ACT concerning township officials.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Section 2-60 as follows:

    (35 ILCS 200/2-60)
    Sec. 2-60.  Vacancies.
    (a)  When  any  township  or  multi-township   assessment
district  fails  to  elect  an assessor or when an assessor's
office becomes vacant for any  reason  specified  in  Section
25-2  of  the  Election  Code, the township or multi-township
board of trustees shall fill  the  vacancy  in  townships  or
multi-township  assessment  districts  by appointing a person
qualified as required under Section 2-45 or as revised by the
Department under Section 2-52. A person appointed to  fill  a
vacancy  under  this  Section  must  be  a member of the same
political party as the person  vacating  the  office  if  the
person  vacating  the  office  was a member of an established
political party, as defined in Section 10-2 of  the  Election
Code,  that is still in existence at the time the appointment
is made.  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 the 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.
    (b)  In  the  alternative,  a  township or multi-township
assessment district shall contract with a person qualified as
required under Section 2-45 or as revised by  the  Department
under  Section  2-52 to do the assessing at a cost no greater
than the maximum  salary  authorized  for  that  township  or
multi-township assessment district under Section 2-70.
(Source: P.A.  88-455;  89-342,  eff.  1-1-96;  89-441,  eff.
6-1-96.)

    Section  10.  The  Public Officer Simultaneous Tenure Act
is amended by changing Section 2 as follows:

    (50 ILCS 110/2) (from Ch. 102, par. 4.11)
    Sec. 2.  Simultaneous tenure declared to be  lawful.   It
is  lawful  for any person to hold the office of county board
member and township supervisor, and in counties of less  than
100,000  population  the  office  of  county board member and
township trustee, simultaneously. It is lawful for any person
to hold the office of county board member and the  office  of
township  assessor,  township  highway  commissioner, or town
clerk, simultaneously,  in  counties  of  less  than  300,000
population.
(Source: P.A. 82-948.)

    Section   15.   The  Township Code is amended by changing
Sections 35-35 and 60-5 as follows:

    (60 ILCS 1/35-35)
    Sec. 35-35.  Filling vacancy  on  township  board.  If  a
vacancy  exists  on the township board and the vacancy is not
filled within 60 120 days, the electors at a special township
meeting may select a qualified person to fill the vacancy and
to serve until the expiration of that term. At  the  meeting,
the  electors  may  select  the  replacement trustee by voice
vote, and the person receiving the greatest number  of  votes
shall be declared to be elected as trustee.
(Source: P.A. 82-783; 88-62.)

    (60 ILCS 1/60-5)
    Sec. 60-5.  Filling vacancies in township offices. 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,  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.
    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.
    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  physically  incapacitated  township
officer  submits a written statement to the appropriate board
that he or she is physically able to perform his or her 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.  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.
    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. 87-1208; 88-62;  incorporates  88-360;  88-670,
eff. 12-2-94.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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