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90_HB2424enr
35 ILCS 200/2-60
50 ILCS 110/2 from Ch. 102, par. 4.11
60 ILCS 1/35-35
60 ILCS 1/60-5
Amends the Property Tax Code and the Township Code to add
that an appointee to a township office may establish
political party affiliation by a record of participating in a
party caucus. Provides that if a township board vacancy is
not filled within 60 days (now 120), the electors at a
special township meeting may select a replacement. Amends
the Public Officer Simultaneous Tenure Act to remove township
highway commissioners from its provisions. Effective
immediately.
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1 AN ACT concerning township officials.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5 Section 2-60 as follows:
6 (35 ILCS 200/2-60)
7 Sec. 2-60. Vacancies.
8 (a) When any township or multi-township assessment
9 district fails to elect an assessor or when an assessor's
10 office becomes vacant for any reason specified in Section
11 25-2 of the Election Code, the township or multi-township
12 board of trustees shall fill the vacancy in townships or
13 multi-township assessment districts by appointing a person
14 qualified as required under Section 2-45 or as revised by the
15 Department under Section 2-52. A person appointed to fill a
16 vacancy under this Section must be a member of the same
17 political party as the person vacating the office if the
18 person vacating the office was a member of an established
19 political party, as defined in Section 10-2 of the Election
20 Code, that is still in existence at the time the appointment
21 is made. The appointee shall establish his or her political
22 party affiliation by his or her record of voting in party
23 primary elections or by holding or having held an office in a
24 political party organization before the appointment. If the
25 appointee has not voted in a party primary election or is not
26 holding or has not held an office in a political party
27 organization before the appointment, then the appointee shall
28 establish his or her political party affiliation by his or
29 her record of participating in a political party's nomination
30 or election caucus.
31 (b) In the alternative, a township or multi-township
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1 assessment district shall contract with a person qualified as
2 required under Section 2-45 or as revised by the Department
3 under Section 2-52 to do the assessing at a cost no greater
4 than the maximum salary authorized for that township or
5 multi-township assessment district under Section 2-70.
6 (Source: P.A. 88-455; 89-342, eff. 1-1-96; 89-441, eff.
7 6-1-96.)
8 Section 10. The Public Officer Simultaneous Tenure Act
9 is amended by changing Section 2 as follows:
10 (50 ILCS 110/2) (from Ch. 102, par. 4.11)
11 Sec. 2. Simultaneous tenure declared to be lawful. It
12 is lawful for any person to hold the office of county board
13 member and township supervisor, and in counties of less than
14 100,000 population the office of county board member and
15 township trustee, simultaneously. It is lawful for any person
16 to hold the office of county board member and the office of
17 township assessor, township highway commissioner, or town
18 clerk, simultaneously, in counties of less than 300,000
19 population.
20 (Source: P.A. 82-948.)
21 Section 15. The Township Code is amended by changing
22 Sections 35-35 and 60-5 as follows:
23 (60 ILCS 1/35-35)
24 Sec. 35-35. Filling vacancy on township board. If a
25 vacancy exists on the township board and the vacancy is not
26 filled within 60 120 days, the electors at a special township
27 meeting may select a qualified person to fill the vacancy and
28 to serve until the expiration of that term. At the meeting,
29 the electors may select the replacement trustee by voice
30 vote, and the person receiving the greatest number of votes
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1 shall be declared to be elected as trustee.
2 (Source: P.A. 82-783; 88-62.)
3 (60 ILCS 1/60-5)
4 Sec. 60-5. Filling vacancies in township offices. Except
5 for the office of township or multi-township assessor, if a
6 township fails to elect the number of township officers that
7 the township is entitled to by law, or a person elected to
8 any township office fails to qualify, or a vacancy in any
9 township office occurs for any other reason, then the
10 township board shall fill the vacancy by appointment, by
11 warrant under their signatures and seals, and the persons so
12 appointed shall hold their respective offices for the
13 remainder of the unexpired terms. All persons so appointed
14 shall have the same powers and duties and are subject to the
15 same penalties as if they had been elected or appointed for a
16 full term of office. A vacancy in the office of township or
17 multi-township assessor shall be filled only as provided in
18 the Property Tax Code.
19 If a vacancy on the township board is not filled within
20 60 days, then a special township meeting must be called under
21 Section 35-5 to select a replacement under Section 35-35.
22 Except as otherwise provided in this Section, whenever
23 any township or multi-township office becomes vacant or
24 temporarily vacant due to a physical incapacity of a township
25 officer, the township or multi-township board may temporarily
26 appoint a deputy to perform the ministerial functions of the
27 vacant office until the physically incapacitated township
28 officer submits a written statement to the appropriate board
29 that he or she is physically able to perform his or her duty.
30 The statement shall be sworn to before an officer authorized
31 to administer oaths in this State. A temporary deputy shall
32 not be permitted to vote at any meeting of the township board
33 on any matter properly before the board. The compensation of
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1 a temporary deputy shall be determined by the appropriate
2 board. The township board shall not appoint a deputy clerk
3 if the township clerk has appointed a deputy clerk under
4 Section 75-45.
5 Any person appointed to fill a vacancy under this Section
6 shall be a member of the same political party as the person
7 vacating the office if the person vacating the office was
8 elected as a member of an established political party, under
9 Section 10-2 of the Election Code, that is still in existence
10 at the time of appointment. The appointee shall establish
11 his or her political party affiliation by his or her record
12 of voting in party primary elections or by holding or having
13 held an office in a political party organization before
14 appointment. If the appointee has not voted in a party
15 primary election or is not holding or has not held an office
16 in a political party organization before the appointment,
17 then the appointee shall establish his or her political party
18 affiliation by his or her record of participating in a
19 political party's nomination or election caucus.
20 (Source: P.A. 87-1208; 88-62; incorporates 88-360; 88-670,
21 eff. 12-2-94.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.