Public Act 90-0748 of the 90th General Assembly
Public Act 90-0748
HB2424 Enrolled LRB9007675PTcw
AN ACT concerning township officials.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 2-60 as follows:
(35 ILCS 200/2-60)
Sec. 2-60. Vacancies.
(a) When any township or multi-township assessment
district fails to elect an assessor or when an assessor's
office becomes vacant for any reason specified in Section
25-2 of the Election Code, the township or multi-township
board of trustees shall fill the vacancy in townships or
multi-township assessment districts by appointing a person
qualified as required under Section 2-45 or as revised by the
Department under Section 2-52. A person appointed to fill a
vacancy under this Section must be a member of the same
political party as the person vacating the office if the
person vacating the office was a member of an established
political party, as defined in Section 10-2 of the Election
Code, that is still in existence at the time the appointment
is made. The appointee shall establish his or her political
party affiliation by his or her record of voting in party
primary elections or by holding or having held an office in a
political party organization before the appointment. If the
appointee has not voted in a party primary election or is not
holding or has not held an office in a political party
organization before the appointment, then the appointee shall
establish his or her political party affiliation by his or
her record of participating in a political party's nomination
or election caucus.
(b) In the alternative, a township or multi-township
assessment district shall contract with a person qualified as
required under Section 2-45 or as revised by the Department
under Section 2-52 to do the assessing at a cost no greater
than the maximum salary authorized for that township or
multi-township assessment district under Section 2-70.
(Source: P.A. 88-455; 89-342, eff. 1-1-96; 89-441, eff.
6-1-96.)
Section 10. The Public Officer Simultaneous Tenure Act
is amended by changing Section 2 as follows:
(50 ILCS 110/2) (from Ch. 102, par. 4.11)
Sec. 2. Simultaneous tenure declared to be lawful. It
is lawful for any person to hold the office of county board
member and township supervisor, and in counties of less than
100,000 population the office of county board member and
township trustee, simultaneously. It is lawful for any person
to hold the office of county board member and the office of
township assessor, township highway commissioner, or town
clerk, simultaneously, in counties of less than 300,000
population.
(Source: P.A. 82-948.)
Section 15. The Township Code is amended by changing
Sections 35-35 and 60-5 as follows:
(60 ILCS 1/35-35)
Sec. 35-35. Filling vacancy on township board. If a
vacancy exists on the township board and the vacancy is not
filled within 60 120 days, the electors at a special township
meeting may select a qualified person to fill the vacancy and
to serve until the expiration of that term. At the meeting,
the electors may select the replacement trustee by voice
vote, and the person receiving the greatest number of votes
shall be declared to be elected as trustee.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/60-5)
Sec. 60-5. Filling vacancies in township offices. Except
for the office of township or multi-township assessor, if a
township fails to elect the number of township officers that
the township is entitled to by law, or a person elected to
any township office fails to qualify, or a vacancy in any
township office occurs for any other reason, then the
township board shall fill the vacancy by appointment, by
warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the
remainder of the unexpired terms. All persons so appointed
shall have the same powers and duties and are subject to the
same penalties as if they had been elected or appointed for a
full term of office. A vacancy in the office of township or
multi-township assessor shall be filled only as provided in
the Property Tax Code.
If a vacancy on the township board is not filled within
60 days, then a special township meeting must be called under
Section 35-5 to select a replacement under Section 35-35.
Except as otherwise provided in this Section, whenever
any township or multi-township office becomes vacant or
temporarily vacant due to a physical incapacity of a township
officer, the township or multi-township board may temporarily
appoint a deputy to perform the ministerial functions of the
vacant office until the physically incapacitated township
officer submits a written statement to the appropriate board
that he or she is physically able to perform his or her duty.
The statement shall be sworn to before an officer authorized
to administer oaths in this State. A temporary deputy shall
not be permitted to vote at any meeting of the township board
on any matter properly before the board. The compensation of
a temporary deputy shall be determined by the appropriate
board. The township board shall not appoint a deputy clerk
if the township clerk has appointed a deputy clerk under
Section 75-45.
Any person appointed to fill a vacancy under this Section
shall be a member of the same political party as the person
vacating the office if the person vacating the office was
elected as a member of an established political party, under
Section 10-2 of the Election Code, that is still in existence
at the time of appointment. The appointee shall establish
his or her political party affiliation by his or her record
of voting in party primary elections or by holding or having
held an office in a political party organization before
appointment. If the appointee has not voted in a party
primary election or is not holding or has not held an office
in a political party organization before the appointment,
then the appointee shall establish his or her political party
affiliation by his or her record of participating in a
political party's nomination or election caucus.
(Source: P.A. 87-1208; 88-62; incorporates 88-360; 88-670,
eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.