Rep. Natalie A. Manley

Filed: 3/14/2019

 

 


 

 


 
10100HB3301ham001LRB101 09882 AWJ 57056 a

1
AMENDMENT TO HOUSE BILL 3301

2    AMENDMENT NO. ______. Amend House Bill 3301 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Sections 35-5, 75-45, and 80-5 and by adding Sections 35-27 and
675-50 as follows:
 
7    (60 ILCS 1/35-5)
8    Sec. 35-5. Special township meeting. Special township
9meetings shall be held when the township board (or at least 15
10voters of the township) file in the office of the township
11clerk a written statement that a special meeting is necessary
12for the interests of the township, or when required under
13subsection (a-5) of Section 80-5. The statement also shall set
14forth the objects of the meeting, which must be relevant to
15powers granted to electors under this Code. Except for a
16special township meeting required to be held under subsection

 

 

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1(a-5) of Section 80-5, the The special township meeting shall
2be held no less than 14 nor more than 45 days after the written
3request is filed in the office of the township clerk. Special
4township meetings may not begin before 6 p.m.
5(Source: P.A. 95-761, eff. 7-28-08.)
 
6    (60 ILCS 1/35-27 new)
7    Sec. 35-27. Electors; breaking a tie. If a special township
8meeting is required to be held under subsection (a-5) of
9Section 80-5, the electors present at the special township
10meeting shall by majority vote fill the vacancy.
 
11    (60 ILCS 1/75-45)
12    Sec. 75-45. Deputy clerk.
13    (a) The township clerk, when authorized by the township
14board, may appoint one deputy clerk.
15    (b) The deputy clerk has the power and duty to do the
16following:
17        (1) Execute all documents required by law to be
18    executed by the township clerk and affix the township
19    clerk's seal to those documents when required by law. In
20    signing a document, the deputy clerk shall sign the name of
21    the clerk followed with the word "By" and the deputy
22    clerk's own name and the words "Deputy Clerk".
23        (2) Attend bid openings with respect to the sale,
24    purchase, or lease of goods or services by the township or

 

 

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1    the road district comprised of that township.
2        (3) Attend township meetings and township board
3    meetings and take minutes of those meetings.
4    (c) Except for a deputy clerk reappointed under subsection
5(d) who shall exercise the powers authorized under this Section
6at the direction of the Will County Clerk, the The deputy clerk
7shall exercise the powers authorized under this Section only in
8the absence of the township clerk from the place where the
9clerk's office is maintained (in the case of powers described
10in paragraphs (1) and (2) of subsection (b)) and only when (i)
11the clerk has directed the deputy clerk, in writing, to
12exercise that power or (ii) the township board has determined
13by resolution that the township clerk is temporarily or
14permanently incapacitated to perform that function.
15    (d) A deputy clerk appointed under subsection (a) serving
16on the effective date of this amendatory Act of the 101st
17General Assembly in the office of a township clerk that has
18been abolished under Section 75-50 must be reappointed by the
19township board no later than 60 days after the effective date
20of this amendatory Act of the 101st General Assembly in order
21to retain his or her position. After the expiration of the
22reappointed term of a deputy clerk appointed under subsection
23(a), a deputy clerk appointed under Section 80-5, when
24authorized by the township board, may appoint an assistant
25deputy clerk under the provisions of this Section.
26(Source: Incorporates P.A. 88-360; 88-670, eff. 12-2-94.)
 

 

 

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1    (60 ILCS 1/75-50 new)
2    Sec. 75-50. Will County pilot program for abolition of
3offices of township clerks.
4    (a) In Joliet Township, Troy Township, Lockport Township,
5DuPage Township, Wheatland Township, and Plainfield Township
6in Will County: (i) the office of township clerk is abolished;
7(ii) the term of any elected or appointed township clerk is
8terminated; and (iii) the Will County Clerk assumes the duties
9and rights of each township clerk until a deputy clerk is
10appointed for each township affected by this Section.
11    (b) No later than 90 days after the effective date of this
12amendatory Act of the 101st General Assembly, the Will County
13Clerk must appoint a deputy clerk for each office of township
14clerk abolished under subsection (a). A deputy clerk appointed
15under this Section has the rights and duties of a township
16clerk under this Code and any other law and shall report to the
17Will County Clerk. If a township described in subsection (a)
18provides an office for the township clerk, a deputy clerk
19appointed under this subsection (b) shall perform his or her
20duties at that office.
 
21    (60 ILCS 1/80-5)
22    Sec. 80-5. Township board membership; officers.
23    (a) In each township, the township board shall consist of
24the supervisor and 4 other members elected at large from the

 

 

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1township under Section 50-5. The township clerk shall be the
2clerk of the township board but not a voting member, except
3that in the case of a tie vote to fill a vacancy in a township
4office, the clerk shall be entitled to cast one vote. Each
5person on the township board shall cast but one vote. The
6supervisor shall be the chairman of the board.
7    (a-5) In a township in which the office of township clerk
8has been abolished under Section 75-50, the deputy clerk
9appointed under subsection (b) of Section 75-50 may not cast a
10vote under subsection (a) of this Section. Rather, if a tie
11vote to fill a vacancy in a township office remains unresolved
12for 60 days, the township board must call a special township
13meeting to be held no later than 90 days after the initial tie
14vote at which time the electors present at the special township
15meeting shall by majority vote fill the vacancy.
16    (b) In towns organized under Article 15, all the powers
17vested by law in the township board shall be exercised by the
18city council.
19    (c) The designations "town auditors", "board of trustees",
20"board of town trustees", "board of township trustees", and
21"town board" are changed to "township board". Wherever the
22terms "auditors", "board of trustees", "board of town
23trustees", board of township trustees", or "town board" are
24used in this or any other Act to refer to township officers
25provided for by this Section, they mean the township board.
26Wherever the term "trustees" is used in this or any other Act

 

 

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1to refer to township officers provided for by this Section, it
2means the members of the township board other than the township
3supervisor.
4    (d) The change made by Public Act 79-341 does not reduce
5the term of any member of a town board of auditors elected
6before its effective date (October 1, 1975) nor does it
7invalidate any action taken by a board of town auditors or town
8trustees by reason of the designation used for the board in
9relation to the action taken.
10(Source: P.A. 85-694; 88-62.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".