Public Act 0035 104TH GENERAL ASSEMBLY

HB0032 Enrolled LRB104 05560 RTM 15590 b

Public Act 104-0035

AN ACT concerning local government.

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

Section 10. 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, 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 township officer submits a written statement to the appropriate board that he or she is able to resume his or her duties. For the purposes of this Section, "ministerial functions" includes, but is not limited to, serving as the ex officio supervisor of general assistance in the township and administering the general assistance program under Articles VI, XI, and XII of the Illinois Public Aid Code. 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 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. 101-104, eff. 7-19-19.)

Section 20. The Child Labor Law of 2024 is amended by changing Sections 20 and 35 as follows:

(820 ILCS 206/20)

Sec. 20. Exemptions.

(a) Nothing in this Act applies to the work of a minor engaged in agricultural pursuits, except that no minor under 12 years of age, except members of the farmer's own family who live with the farmer at his principal place of residence, at any time shall be employed, allowed, or permitted to work in any gainful occupation in connection with agriculture, except that any minor of 10 years of age or older shall be permitted to work in a gainful occupation in connection with agriculture during school vacations or outside of school hours.

(b) Nothing in this Act applies to the work of a minor engaged in the sale and distribution of magazines and newspapers outside of school hours.

(c) Nothing in this Act applies a minor's performance of household chores or babysitting outside of school hours if that work is performed in or about a private residence and not in connection with an established business, trade, or profession of the person employing, allowing, or permitting the minor to perform the activities.

(d) Nothing in this Act applies to the work of a minor 13 years of age or older in caddying at a golf course.

(e) Nothing in this Act applies to a minor 14 or 15 years of age who is, under the direction of the minor's school, participating in work-based learning programs in accordance with the School Code.

(f) Nothing in this Act prohibits an employer from employing, allowing, or permitting a minor 12 or 13 years of age to work as an officiant or an assistant instructor of youth sports activities for a not-for-profit youth club, park district, township parks and recreation department, or municipal parks and recreation department if the employer obtains certification as provided for in Section 55 and:

(1) the parent or guardian of the minor who is working as an officiant or an assistant instructor, or an adult designated by the parent or guardian, shall be present at the youth sports activity while the minor is working;

(2) the minor may work as an officiant or an assistant instructor for a maximum of 3 hours per day on school days and a maximum of 4 hours per day on non-school days;

(3) the minor shall not exceed 10 hours of officiating and working as assistant instructor in any week;

(4) the minor shall not work later than 9:00 p.m. on any day of the week; and

(5) the participants in the youth sports activity are at least 3 years younger than the minor unless an individual 16 years of age or older is officiating or instructing the same youth sports activity with the minor.

The failure to satisfy the requirements of this subsection may result in the revocation of the minor's employment certificate.

(Source: P.A. 103-721, eff. 1-1-25.)

(820 ILCS 206/35)

Sec. 35. Employer requirements.

(a) It shall be unlawful for any person to employ, allow, or permit any minor to work unless the minor obtains an employment certificate authorizing the minor to work for that person. Any person seeking to employ, allow, or permit any minor to work shall provide that minor with a notice of intention to employ to be submitted by the minor to the minor's school issuing officer with the minor's application for an employment certificate.

(b) Every employer of one or more minors shall maintain, on the premises where the work is being done, records that include the name, date of birth, and place of residence of every minor who works for that employer, notice of intention to employ the minor, and the minor's employment certificate. Authorized officers and employees of the Department, truant officers, and other school officials charged with the enforcement of school attendance requirements described in Section 26-1 of the School Code may inspect the records without notice at any time.

(c) Every employer of minors shall ensure that all minors are supervised by an adult 21 years of age or older, on site, at all times while the minor is working. This requirement does not apply with respect to: (i) any minor working for a park district, a township parks and recreation department, or a municipal parks and recreation department who is supervised by an adult 18 years of age or older who is an employee of the park district, the township parks and recreation department, or the municipal parks and recreation department and no alcohol or tobacco is being sold on site; or (ii) any minor working as an officiant of youth sports activities if an adult 21 years of age or older who is an employee of the park district, the township parks and recreation department, or the municipal parks and recreation department is on call.

(d) No person shall employ, allow, or permit any minor to work for more than 5 hours continuously without an interval of at least 30 minutes for a meal period. No period of less than 30 minutes shall be deemed to interrupt a continuous period of work.

(e) Every employer who employs one or more minors shall post in a conspicuous place where minors are employed, allowed, or permitted to work, a notice summarizing the requirements of this Act, including a list of the occupations prohibited to minors and the Department's toll free telephone number described in Section 85. An employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall also provide the summary and notice by email to its employees or conspicuous posting on the employer's website or intranet site, if the site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. The notice shall be furnished by the Department.

(f) Every employer, during the period of employment of a minor and for 3 years thereafter, shall keep on file, at the place of employment, a copy of the employment certificate issued for the minor. An employment certificate shall be valid only for the employer for whom it was issued and a new certificate shall not be issued for the employment of a minor except on the presentation of a new statement of intention to employ the minor. The failure of any employer to produce for inspection the employment certificate for each minor in the employer's establishment shall be a violation of this Act. The Department may specify any other record keeping requirements by rule.

(g) In the event of the work-related death of a minor engaged in work subject to this Act, the employer shall, within 24 hours, report the death to the Department and to the school official who issued the minor's work certificate for that employer. In the event of a work-related injury or illness of a minor that requires the employer to file a report with the Illinois Workers' Compensation Commission under Section 6 of the Workers' Compensation Act or Section 6 of the Workers' Occupational Diseases Act, the employer shall submit a copy of the report to the Department and to the school official who issued the minor's work certificate for that employer within 72 hours of the deadline by which the employer must file the report to the Illinois Workers' Compensation Commission. The report shall be subject to the confidentiality provisions of Section 6 of the Workers' Compensation Act or Section 6 of the Workers' Occupational Diseases Act.

(Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.)

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