HB3301ham001 101ST GENERAL ASSEMBLY

Rep. Natalie A. Manley

Filed: 3/14/2019

10100HB3301ham001 LRB101 09882 AWJ 57056 a

AMENDMENT TO HOUSE BILL 3301

AMENDMENT NO. ______. Amend House Bill 3301 by replacing everything after the enacting clause with the following:

"Section 5. The Township Code is amended by changing Sections 35-5, 75-45, and 80-5 and by adding Sections 35-27 and 75-50 as follows:

(60 ILCS 1/35-5)

Sec. 35-5. Special township meeting. Special township meetings shall be held when the township board (or at least 15 voters of the township) file in the office of the township clerk a written statement that a special meeting is necessary for the interests of the township, or when required under subsection (a-5) of Section 80-5. The statement also shall set forth the objects of the meeting, which must be relevant to powers granted to electors under this Code. Except for a special township meeting required to be held under subsection (a-5) of Section 80-5, the The special township meeting shall be held no less than 14 nor more than 45 days after the written request is filed in the office of the township clerk. Special township meetings may not begin before 6 p.m.

(Source: P.A. 95-761, eff. 7-28-08.)

(60 ILCS 1/35-27 new)

Sec. 35-27. Electors; breaking a tie. If a special township meeting is required to be held under subsection (a-5) of Section 80-5, the electors present at the special township meeting shall by majority vote fill the vacancy.

(60 ILCS 1/75-45)

Sec. 75-45. Deputy clerk.

(a) The township clerk, when authorized by the township board, may appoint one deputy clerk.

(b) The deputy clerk has the power and duty to do the following:

(1) Execute all documents required by law to be executed by the township clerk and affix the township clerk's seal to those documents when required by law. In signing a document, the deputy clerk shall sign the name of the clerk followed with the word "By" and the deputy clerk's own name and the words "Deputy Clerk".

(2) Attend bid openings with respect to the sale, purchase, or lease of goods or services by the township or the road district comprised of that township.

(3) Attend township meetings and township board meetings and take minutes of those meetings.

(c) Except for a deputy clerk reappointed under subsection (d) who shall exercise the powers authorized under this Section at the direction of the Will County Clerk, the The deputy clerk shall exercise the powers authorized under this Section only in the absence of the township clerk from the place where the clerk's office is maintained (in the case of powers described in paragraphs (1) and (2) of subsection (b)) and only when (i) the clerk has directed the deputy clerk, in writing, to exercise that power or (ii) the township board has determined by resolution that the township clerk is temporarily or permanently incapacitated to perform that function.

(d) A deputy clerk appointed under subsection (a) serving on the effective date of this amendatory Act of the 101st General Assembly in the office of a township clerk that has been abolished under Section 75-50 must be reappointed by the township board no later than 60 days after the effective date of this amendatory Act of the 101st General Assembly in order to retain his or her position. After the expiration of the reappointed term of a deputy clerk appointed under subsection (a), a deputy clerk appointed under Section 80-5, when authorized by the township board, may appoint an assistant deputy clerk under the provisions of this Section.

(Source: Incorporates P.A. 88-360; 88-670, eff. 12-2-94.)

(60 ILCS 1/75-50 new)

Sec. 75-50. Will County pilot program for abolition of offices of township clerks.

(a) In Joliet Township, Troy Township, Lockport Township, DuPage Township, Wheatland Township, and Plainfield Township in Will County: (i) the office of township clerk is abolished; (ii) the term of any elected or appointed township clerk is terminated; and (iii) the Will County Clerk assumes the duties and rights of each township clerk until a deputy clerk is appointed for each township affected by this Section.

(b) No later than 90 days after the effective date of this amendatory Act of the 101st General Assembly, the Will County Clerk must appoint a deputy clerk for each office of township clerk abolished under subsection (a). A deputy clerk appointed under this Section has the rights and duties of a township clerk under this Code and any other law and shall report to the Will County Clerk. If a township described in subsection (a) provides an office for the township clerk, a deputy clerk appointed under this subsection (b) shall perform his or her duties at that office.

(60 ILCS 1/80-5)

Sec. 80-5. Township board membership; officers.

(a) In each township, the township board shall consist of the supervisor and 4 other members elected at large from the township under Section 50-5. The township clerk shall be the clerk of the township board but not a voting member, except that in the case of a tie vote to fill a vacancy in a township office, the clerk shall be entitled to cast one vote. Each person on the township board shall cast but one vote. The supervisor shall be the chairman of the board.

(a-5) In a township in which the office of township clerk has been abolished under Section 75-50, the deputy clerk appointed under subsection (b) of Section 75-50 may not cast a vote under subsection (a) of this Section. Rather, if a tie vote to fill a vacancy in a township office remains unresolved for 60 days, the township board must call a special township meeting to be held no later than 90 days after the initial tie vote at which time the electors present at the special township meeting shall by majority vote fill the vacancy.

(b) In towns organized under Article 15, all the powers vested by law in the township board shall be exercised by the city council.

(c) The designations "town auditors", "board of trustees", "board of town trustees", "board of township trustees", and "town board" are changed to "township board". Wherever the terms "auditors", "board of trustees", "board of town trustees", board of township trustees", or "town board" are used in this or any other Act to refer to township officers provided for by this Section, they mean the township board. Wherever the term "trustees" is used in this or any other Act to refer to township officers provided for by this Section, it means the members of the township board other than the township supervisor.

(d) The change made by Public Act 79-341 does not reduce the term of any member of a town board of auditors elected before its effective date (October 1, 1975) nor does it invalidate any action taken by a board of town auditors or town trustees by reason of the designation used for the board in relation to the action taken.

(Source: P.A. 85-694; 88-62.)

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