Full Text of HB3301 101st General Assembly
HB3301ham001 101ST GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 3/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3301
| 2 | | AMENDMENT NO. ______. Amend House Bill 3301 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Sections 35-5, 75-45, and 80-5 and by adding Sections 35-27 and | 6 | | 75-50 as follows:
| 7 | | (60 ILCS 1/35-5)
| 8 | | Sec. 35-5. Special township meeting. Special township | 9 | | meetings shall be held
when the township board (or at least 15 | 10 | | voters of the township) file in the
office of the township | 11 | | clerk a written statement that a special meeting is
necessary | 12 | | for the interests of the township , or when required under | 13 | | subsection (a-5) of Section 80-5 . The statement also shall set
| 14 | | forth the objects of the meeting, which must be relevant to | 15 | | powers granted to electors under this Code. Except for a | 16 | | special 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 | 2 | | be held no
less than 14 nor more than 45 days after the written | 3 | | request is filed in the
office of the township clerk. Special | 4 | | township 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 | 8 | | meeting is required to be held under subsection (a-5) of | 9 | | Section 80-5, the electors present at the special township | 10 | | meeting 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 | 14 | | board, may appoint
one deputy clerk.
| 15 | | (b) The deputy clerk has the power and duty to do the | 16 | | following:
| 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 | 6 | | at the direction of the Will County Clerk, the The deputy clerk | 7 | | shall exercise the powers authorized under this Section
only in | 8 | | the absence of the township clerk from the place where the | 9 | | clerk's
office is maintained (in the case of powers described | 10 | | in paragraphs (1) and (2)
of subsection (b)) and only when (i) | 11 | | the clerk has directed the deputy clerk,
in writing, to | 12 | | exercise that power or (ii) the township board has determined | 13 | | by
resolution that the township clerk is temporarily or | 14 | | permanently incapacitated
to perform that function.
| 15 | | (d) A deputy clerk appointed under subsection (a) serving | 16 | | on the effective date of this amendatory Act of the 101st | 17 | | General Assembly in the office of a township clerk that has | 18 | | been abolished under Section 75-50 must be reappointed by the | 19 | | township board no later than 60 days after the effective date | 20 | | of this amendatory Act of the 101st General Assembly in order | 21 | | to retain his or her position. After the expiration of the | 22 | | reappointed term of a deputy clerk appointed under subsection | 23 | | (a), a deputy clerk appointed under Section 80-5, when | 24 | | authorized by the township board, may appoint an assistant | 25 | | deputy 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 | 3 | | offices of township clerks. | 4 | | (a) In Joliet Township, Troy Township, Lockport Township, | 5 | | DuPage Township, Wheatland Township, and Plainfield Township | 6 | | in Will County: (i) the office of township clerk is abolished; | 7 | | (ii) the term of any elected or appointed township clerk is | 8 | | terminated; and (iii) the Will County Clerk assumes the duties | 9 | | and rights of each township clerk until a deputy clerk is | 10 | | appointed for each township affected by this Section. | 11 | | (b) No later than 90 days after the effective date of this | 12 | | amendatory Act of the 101st General Assembly, the Will County | 13 | | Clerk must appoint a deputy clerk for each office of township | 14 | | clerk abolished under subsection (a). A deputy clerk appointed | 15 | | under this Section has the rights and duties of a township | 16 | | clerk under this Code and any other law and shall report to the | 17 | | Will County Clerk. If a township described in subsection (a) | 18 | | provides an office for the township clerk, a deputy clerk | 19 | | appointed under this subsection (b) shall perform his or her | 20 | | duties 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 | 24 | | the supervisor and
4 other members elected at large from the |
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| 1 | | township under Section 50-5. The
township clerk shall be the | 2 | | clerk of the township board but not a voting
member, except | 3 | | that in the case of a tie vote to fill a vacancy in a township
| 4 | | office, the clerk shall be entitled to cast one vote. Each | 5 | | person on the
township board shall cast but one vote. The | 6 | | supervisor shall be the chairman
of the board.
| 7 | | (a-5) In a township in which the office of township clerk | 8 | | has been abolished under Section 75-50, the deputy clerk | 9 | | appointed under subsection (b) of Section 75-50 may not cast a | 10 | | vote under subsection (a) of this Section. Rather, if a tie | 11 | | vote to fill a vacancy in a township
office remains unresolved | 12 | | for 60 days, the township board must call a special township | 13 | | meeting to be held no later than 90 days after the initial tie | 14 | | vote at which time the electors present at the special township | 15 | | meeting shall by majority vote fill the vacancy. | 16 | | (b) In towns organized under Article 15, all the powers | 17 | | vested by law in the
township board shall be exercised by the | 18 | | city 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 | 22 | | terms "auditors", "board of trustees", "board of
town | 23 | | trustees", board of township trustees", or "town board" are | 24 | | used in this
or any other Act to refer to township officers | 25 | | provided for by this Section,
they mean the township board. | 26 | | Wherever the term "trustees" is used in this or
any other Act |
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| 1 | | to refer to township officers provided for by this Section, it
| 2 | | means the members of the township board other than the township | 3 | | supervisor.
| 4 | | (d) The change made by Public Act 79-341 does not reduce | 5 | | the term of any
member of a town board of auditors elected | 6 | | before its effective date (October
1, 1975) nor does it | 7 | | invalidate any action taken by a board of town auditors or
town | 8 | | trustees by reason of the designation used for the board in | 9 | | relation to
the action taken.
| 10 | | (Source: P.A. 85-694; 88-62.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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