Illinois General Assembly - Full Text of HB4104
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Section 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
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    (b-5) If the vacancy being filled under subsection (a) or
18(b) is for the township supervisor, the appointed member shall
19fulfill the bond requirement under Section 70-5 of this Code.
20The appointed supervisor may be a trustee appointed by a
21majority vote of the trustees and shall have one vote on each
22matter properly before the board. This subsection applies only
23to townships in counties with a population under 250,000.
24    (c) Except as otherwise provided in this Section, whenever
25any township or multi-township office becomes vacant or
26temporarily vacant due to a physical incapacity of a township

 

 

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1officer, the township or multi-township board may temporarily
2appoint a deputy to perform the ministerial functions of the
3vacant office until the physically incapacitated township
4officer submits a written statement to the appropriate board
5that he or she is physically able to perform his or her duty.
6The statement shall be sworn to before an officer authorized to
7administer oaths in this State. A temporary deputy shall not be
8permitted to vote at any meeting of the township board on any
9matter properly before the board. The compensation of a
10temporary deputy shall be determined by the appropriate board.
11The township board shall not appoint a deputy clerk if the
12township clerk has appointed a deputy clerk under Section
1375-45.
14    (c-5) Except as otherwise provided in this Section,
15whenever any township or multi-township office becomes vacant
16or temporarily vacant, the township or multi-township board may
17temporarily appoint a deputy to perform the ministerial
18functions of the vacant office until the vacancy has been
19filled as provided in subsection (a) or (b). Whenever any
20township or multi-township office becomes vacant or
21temporarily vacant due to the physical incapacity of a township
22officer, the township or multi-township board may temporarily
23appoint a deputy to perform the ministerial functions of the
24vacant office until the physically incapacitated township
25officer submits a written statement to the appropriate board
26that he or she is physically able to perform his or her duty.

 

 

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1The statement shall be sworn to before an officer authorized to
2administer oaths in this State. A temporary deputy shall not be
3permitted to vote at any meeting of the township board on any
4matter properly before the board unless the appointed deputy is
5a trustee of the board at the time of the vote. If the
6appointed deputy is a trustee appointed as a temporary deputy,
7his or her trustee compensation shall be suspended until he or
8she concludes his or her appointment as an appointed deputy
9upon the permanent appointment to fill the vacancy. The
10compensation of a temporary deputy shall be determined by the
11appropriate board. The township board shall not appoint a
12deputy clerk if the township clerk has appointed a deputy clerk
13under Section 75-45. This subsection applies only to townships
14in counties with a population under 250,000.
15    (d) Except for the temporary appointment of a deputy under
16subsection (c-5), any Any person appointed to fill a vacancy
17under this Section shall be a member of the same political
18party as the person vacating the office if the person vacating
19the office was elected as a member of an established political
20party, under Section 10-2 of the Election Code, that is still
21in existence at the time of appointment. The appointee shall
22establish his or her political party affiliation by his or her
23record of voting in party primary elections or by holding or
24having held an office in a political party organization before
25appointment. If the appointee has not voted in a party primary
26election or is not holding or has not held an office in a

 

 

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1political party organization before the appointment, then the
2appointee shall establish his or her political party
3affiliation by his or her record of participating in a
4political 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
7becoming law.".