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90_HB3450
60 ILCS 1/60-5
605 ILCS 5/6-121 from Ch. 121, par. 6-121
Amends the Township Code and the Illinois Highway Code.
Provides that if a highway commissioner cannot fulfill the
duties of office due to imprisonment before, during, or after
a criminal prosecution for a felony but before criminal
sentencing, then the appointing authority may make a
temporary appointment to fill the office. Provides that the
temporary appointee shall hold the office for 180 days or
until the imprisoned highway commissioner is released and
returns to office. Provides that an appointment may be
renewed or a new temporary appointee may be designated.
LRB9010290KDsbA
LRB9010290KDsbA
1 AN ACT concerning highway commissioners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Township Code is amended by changing
5 Section 60-5 as follows:
6 (60 ILCS 1/60-5)
7 Sec. 60-5. Filling vacancies in township offices. Except
8 for the office of township or multi-township assessor, if a
9 township fails to elect the number of township officers that
10 the township is entitled to by law, or a person elected to
11 any township office fails to qualify, or a vacancy in any
12 township office occurs for any other reason, then the
13 township board shall fill the vacancy by appointment, by
14 warrant under their signatures and seals, and the persons so
15 appointed shall hold their respective offices for the
16 remainder of the unexpired terms. All persons so appointed
17 shall have the same powers and duties and are subject to the
18 same penalties as if they had been elected or appointed for a
19 full term of office. A vacancy in the office of township or
20 multi-township assessor shall be filled only as provided in
21 the Property Tax Code.
22 If a vacancy on the township board is not filled within
23 60 days, then a special township meeting must be called under
24 Section 35-5 to select a replacement under Section 35-35.
25 Except as otherwise provided in this Section, whenever
26 any township or multi-township office becomes vacant or
27 temporarily vacant due to a physical incapacity of a township
28 officer, the township or multi-township board may temporarily
29 appoint a deputy to perform the ministerial functions of the
30 vacant office until the physically incapacitated township
31 officer submits a written statement to the appropriate board
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1 that he or she is physically able to perform his or her duty.
2 The statement shall be sworn to before an officer authorized
3 to administer oaths in this State. A temporary deputy shall
4 not be permitted to vote at any meeting of the township board
5 on any matter properly before the board. The compensation of
6 a temporary deputy shall be determined by the appropriate
7 board. The township board shall not appoint a deputy clerk
8 if the township clerk has appointed a deputy clerk under
9 Section 75-45.
10 If a township highway commissioner cannot fulfill the
11 duties of office due to imprisonment before, during, or after
12 a criminal prosecution for a felony but before criminal
13 sentencing, then the township board by at least a two-thirds
14 vote may make a temporary appointment to fill the office by
15 warrant under their signatures and seals. The temporary
16 appointee shall have the same powers and duties and be
17 subject to the same penalties as if elected or appointed for
18 a full term of office. The temporary appointee shall hold
19 the office of highway commissioner for 180 days or until the
20 imprisoned highway commissioner is released and returns to
21 office, whichever occurs first. The township board may renew
22 appointees at the end of 180 days or designate a new
23 temporary appointee.
24 Any person appointed to fill a vacancy under this Section
25 shall be a member of the same political party as the person
26 vacating the office if the person vacating the office was
27 elected as a member of an established political party, under
28 Section 10-2 of the Election Code, that is still in existence
29 at the time of appointment. The appointee shall establish
30 his or her political party affiliation by his or her record
31 of voting in party primary elections or by holding or having
32 held an office in a political party organization before
33 appointment.
34 (Source: P.A. 87-1208; 88-62; incorporates 88-360; 88-670,
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1 eff. 12-2-94.)
2 Section 10. The Illinois Highway Code is amended by
3 changing Section 6-121 as follows:
4 (605 ILCS 5/6-121) (from Ch. 121, par. 6-121)
5 Sec. 6-121. In counties not under township organization
6 the following provisions shall be applicable relating to
7 vacancies in road district offices:
8 Whenever any district fails to elect the proper number of
9 district officers to which such district may be entitled by
10 law, or when any person elected to any district office fails
11 to qualify, or whenever any vacancy happens in any district,
12 from death, resignation, removal from the district or other
13 cause, the presiding officer of the county board, with the
14 advice and consent of the county board, shall fill such
15 vacancy by certificate under the signature and seal of the
16 county clerk; and the persons so appointed shall hold their
17 respective offices until the next regular election, and until
18 their successors are elected and qualified; and shall have
19 the same powers and be subject to the same duties and
20 penalties as if they had been duly elected by the electors.
21 If a district highway commissioner cannot fulfill the
22 duties of office due to imprisonment before, during, or after
23 a criminal prosecution for a felony but before criminal
24 sentencing, then the presiding officer of the county board
25 with at least two-thirds consent of the county board may make
26 a temporary appointment to fill the office by certificate
27 under the signature and seal of the county clerk. The
28 temporary appointee shall have the same powers and duties and
29 be subject to the same penalties as if elected or appointed
30 for a full term of office. The temporary appointee shall
31 hold the office of highway commissioner for 180 days or until
32 the imprisoned highway commissioner is released and returns
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1 to office, whichever occurs first. The presiding officer
2 with at least two-thirds consent of the county board may
3 renew appointees at the end of 180 days or designate a new
4 temporary appointee.
5 When any appointment is made, as above stated, the county
6 clerk shall cause the certificate of appointment to be
7 forthwith filed in the office of the district clerk, who
8 shall immediately give notice to each person appointed.
9 Any judicial officer of the circuit court residing in
10 such district, or if there be no judicial officer of the
11 circuit court residing in such district, then any judicial
12 officer of the circuit court in the county, may, for
13 sufficient cause shown to him, accept the resignation of any
14 district officer of his district, and whenever he accepts any
15 such resignation, he shall forthwith give notice thereof to
16 the district clerk of the district, or in his absence, to the
17 highway commissioner, who shall make a minute thereof in the
18 district records. He shall also immediately give notice to
19 the county clerk of any vacancy that may exist in any
20 district office.
21 (Source: P.A. 84-550.)