Full Text of HB4104 100th General Assembly
HB4104sam001 100TH GENERAL ASSEMBLY | Sen. Kyle McCarter Filed: 5/24/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4104
| 2 | | AMENDMENT NO. ______. Amend House Bill 4104 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 60-5 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 | 9 | | assessor, if a township fails to elect the number of
township | 10 | | officers that the township is entitled to by law, or a person | 11 | | elected
to any township office fails to qualify, or a vacancy | 12 | | in any township office
occurs for any other reason including | 13 | | without limitation the resignation of an officer or the | 14 | | conviction in any court of the State of Illinois or of the | 15 | | United States of an officer for an infamous crime, then the | 16 | | township board shall fill the vacancy by
appointment, by |
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| 1 | | warrant under their signatures and seals, and the persons so
| 2 | | appointed shall hold their respective offices for the remainder | 3 | | of the
unexpired terms. All persons so appointed shall have the | 4 | | same powers and
duties and are subject to the same penalties as | 5 | | if they had been elected or
appointed for a full term of | 6 | | office. A vacancy in the office of township or
multi-township | 7 | | assessor shall be filled only as provided in the Property Tax
| 8 | | Code.
| 9 | | For purposes of this subsection (a), a conviction for an | 10 | | offense that disqualifies an officer from holding that office | 11 | | occurs on the date of (i) the entry of a plea of guilty in | 12 | | court, (ii) the return of a guilty verdict, or (iii) in the | 13 | | case 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 | 15 | | 60 days, then a
special township meeting must be called under | 16 | | Section 35-5 to select a
replacement under Section 35-35.
| 17 | | (b-5) If the vacancy being filled under subsection (a) or | 18 | | (b) is for the township supervisor, the appointed member shall | 19 | | fulfill the bond requirement under Section 70-5 of this Code. | 20 | | The appointed supervisor may be a trustee appointed by a | 21 | | majority vote of the trustees and shall have one vote on each | 22 | | matter properly before the board. This subsection applies only | 23 | | to townships in counties with a population under 250,000. | 24 | | (c) Except as otherwise provided in this Section, whenever | 25 | | any township or
multi-township office becomes vacant or | 26 | | temporarily vacant due to a physical
incapacity of a township |
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| 1 | | officer, the township or multi-township board may
temporarily | 2 | | appoint a deputy to perform the ministerial functions of the | 3 | | vacant
office until the physically incapacitated township | 4 | | officer submits a written
statement to the appropriate board | 5 | | that he or she is physically able to perform
his or her duty. | 6 | | The statement shall be sworn to before an officer authorized
to | 7 | | administer oaths in this State. A temporary deputy shall not be | 8 | | permitted
to vote at any meeting of the township board on any | 9 | | matter properly before the
board. The compensation of a | 10 | | temporary deputy shall be determined by the
appropriate board. | 11 | | The township board shall not appoint a deputy clerk if
the | 12 | | township clerk has appointed a deputy clerk under Section | 13 | | 75-45.
| 14 | | (c-5) Except as otherwise provided in this Section, | 15 | | whenever any township or multi-township office becomes vacant | 16 | | or temporarily vacant, the township or multi-township board may | 17 | | temporarily appoint a deputy to perform the ministerial | 18 | | functions of the vacant office until the vacancy has been | 19 | | filled as provided in subsection (a) or (b). Whenever any | 20 | | township or multi-township office becomes vacant or | 21 | | temporarily vacant due to the physical incapacity of a township | 22 | | officer, the township or multi-township board may temporarily | 23 | | appoint a deputy to perform the ministerial functions of the | 24 | | vacant office until the physically incapacitated township | 25 | | officer submits a written statement to the appropriate board | 26 | | that he or she is physically able to perform his or her duty. |
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| 1 | | The statement shall be sworn to before an officer authorized to | 2 | | administer oaths in this State. A temporary deputy shall not be | 3 | | permitted to vote at any meeting of the township board on any | 4 | | matter properly before the board unless the appointed deputy is | 5 | | a trustee of the board at the time of the vote. If the | 6 | | appointed deputy is a trustee appointed as a temporary deputy, | 7 | | his or her trustee compensation shall be suspended until he or | 8 | | she concludes his or her appointment as an appointed deputy | 9 | | upon the permanent appointment to fill the vacancy. The | 10 | | compensation of a temporary deputy shall be determined by the | 11 | | appropriate board. The township board shall not appoint a | 12 | | deputy clerk if the township clerk has appointed a deputy clerk | 13 | | under Section 75-45.
This subsection applies only to townships | 14 | | in counties with a population under 250,000. | 15 | | (d) Except for the temporary appointment of a deputy under | 16 | | subsection (c-5), any Any person appointed to fill a vacancy | 17 | | under this Section shall be a
member of the same political | 18 | | party as the person vacating the office if the
person vacating | 19 | | the office was elected as a member of an established
political | 20 | | party, under Section 10-2 of the Election Code, that is
still | 21 | | in existence at the time of appointment. The appointee shall
| 22 | | establish his or her political party affiliation by his or her | 23 | | record
of voting in party primary
elections or
by holding or | 24 | | having held an office in a political party organization before
| 25 | | appointment. If the appointee has not voted in a party primary | 26 | | election
or
is not holding
or has not held an office in a |
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| 1 | | political party organization before the
appointment, then the
| 2 | | appointee shall establish his or her political party | 3 | | affiliation by his or her
record of
participating in a | 4 | | political party's nomination or election caucus.
| 5 | | (Source: P.A. 97-295, eff. 1-1-12.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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