HB4697 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4697

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/60-5

    Amends the Township Code. Provides that if a vacant township supervisor office is filled by appointment, the appointed supervisor shall fulfill the bond requirement for township supervisors. Provides that the appointed supervisor may be a trustee appointed by a majority vote of the trustees and shall have one vote on any matter properly before the board. Provides for the appointment of a temporary deputy to perform the ministerial functions of a vacant township office until a person can be appointed to fill the vacant position for the remainder of the vacant term (rather than only allowing the appointment of a temporary deputy in a vacant township office due to a physical incapacity of a township officer). Provides that the temporary deputy, including a trustee appointed as a temporary deputy, shall be compensated at the same rate set by the board for the vacant position. Provides that if the appointed deputy is a trustee, his or her trustee compensation shall be suspended until he or she concludes his or her appointment as an appointed deputy upon the permanent appointment to fill the vacancy. Exempts the temporary deputy from the requirement to fill a vacant township office with a member of the same political party. Effective immediately.


LRB100 17110 AWJ 32262 b

 

 

A BILL FOR

 

HB4697LRB100 17110 AWJ 32262 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

 

 

HB4697- 2 -LRB100 17110 AWJ 32262 b

1Code.
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, the appointed member shall
12fulfill the bond requirement under Section 70-5 of this Code.
13The appointed supervisor may be a trustee appointed by a
14majority vote of the trustees and shall have one vote on each
15matter properly before the board.
16    (c) Except as otherwise provided in this Section, whenever
17any township or multi-township office becomes vacant or
18temporarily vacant due to a physical incapacity of a township
19officer, the township or multi-township board may temporarily
20appoint a deputy to perform the ministerial functions of the
21vacant office until the vacancy has been filled as provided in
22subsection (a) or (b) physically incapacitated township
23officer submits a written statement to the appropriate board
24that he or she is physically able to perform his or her duty.
25The statement shall be sworn to before an officer authorized to
26administer oaths in this State. A temporary deputy shall not be

 

 

HB4697- 3 -LRB100 17110 AWJ 32262 b

1permitted to vote at any meeting of the township board on any
2matter properly before the board unless the appointed deputy is
3a trustee of the board at the time of the vote. The
4compensation of a temporary deputy, including a trustee
5appointed as a temporary deputy, shall be the same as the
6compensation set by the board for the vacant position. If the
7appointed deputy is a trustee appointed as a temporary deputy,
8his or her trustee compensation shall be suspended until he or
9she concludes his or her appointment as an appointed deputy
10upon the permanent appointment to fill the vacancy. The
11compensation of a temporary deputy shall be determined by the
12appropriate board. The township board shall not appoint a
13deputy clerk if the township clerk has appointed a deputy clerk
14under Section 75-45.
15    (d) Except for the temporary appointment of a deputy under
16subsection (c), 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

 

 

HB4697- 4 -LRB100 17110 AWJ 32262 b

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.