Illinois General Assembly - Full Text of HB3141
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Full Text of HB3141  101st General Assembly




HB3141 EngrossedLRB101 10442 AWJ 55548 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Township Code is amended by changing Section
560-5 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
17warrant under their signatures and seals, and the persons so
18appointed shall hold their respective offices for the remainder
19of the unexpired terms. All persons so appointed shall have the
20same powers and duties and are subject to the same penalties as
21if they had been elected or appointed for a full term of
22office. A vacancy in the office of township or multi-township
23assessor shall be filled only as provided in the Property Tax



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2    For purposes of this subsection (a), a conviction for an
3offense that disqualifies an officer from holding that office
4occurs on the date of (i) the entry of a plea of guilty in
5court, (ii) the return of a guilty verdict, or (iii) in the
6case of a trial by the court, the entry of a finding of guilt.
7    (b) If a vacancy on the township board is not filled within
860 days, then a special township meeting must be called under
9Section 35-5 to select a replacement under Section 35-35.
10    (b-5) If the vacancy being filled under subsection (a) or
11(b) is for the township supervisor, a trustee shall be
12appointed as deputy supervisor to perform the ministerial
13functions of that office until the vacancy is filled under
14subsections (a) or (b). Once the vacancy is filled under
15subsections (a) or (b), the deputy supervisor's appointment is
17    (c) Except as otherwise provided in this Section, whenever
18any township or multi-township office becomes vacant or
19temporarily vacant due to a physical incapacity of a township
20officer, the township or multi-township board may temporarily
21appoint a deputy to perform the ministerial functions of the
22vacant office until the vacancy has been filled as provided in
23subsection (a) or (b). If the office is temporarily vacant, the
24temporarily appointed deputy may perform the ministerial
25functions of the vacant office until the physically
26incapacitated township officer submits a written statement to



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



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1election or is not holding or has not held an office in a
2political party organization before the appointment, then the
3appointee shall establish his or her political party
4affiliation by his or her record of participating in a
5political party's nomination or election caucus.
6(Source: P.A. 97-295, eff. 1-1-12.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.