103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2966

 

Introduced 1/31/2024, by Sen. Napoleon Harris, III

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/60-5
60 ILCS 1/70-45

    Amends the Township Code. Provides that, if there are 28 months or less remaining in the term of a township officer at the time of the vacancy or failure to qualify, an appointed officer shall serve for the remainder of the term. Provides that, if there are more than 28 months remaining in the term at the time of the vacancy or failure to qualify, the office shall be filled by a special election to be held at the next general election and the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified (rather than a person appointed shall hold office for the remainder of the unexpired term). Provides that the compensation for a supervisor of a township in Cook County may not be increased during the term of office for which the supervisor is elected or appointed. Provides that an ordinance establishing compensation, including an increase or decrease in a supervisor's compensation, shall apply uniformly to the supervisors whose terms start after enactment of the compensation ordinance. Prohibits a township from decreasing the salary for a person elected as supervisor of a township while maintaining the salary of an incumbent. Provides that an ordinance that violates the provisions is null and void. Effective immediately.


LRB103 37745 AWJ 67873 b

 

 

A BILL FOR

 

SB2966LRB103 37745 AWJ 67873 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
5Sections 60-5 and 70-45 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. If there are 28
18months or less remaining in the term at the time of the vacancy
19or failure to qualify, the appointed officer shall serve for
20the remainder of the term. If there are more than 28 months
21remaining in the term at the time of the vacancy or failure to
22qualify, the office shall be filled by a special election to be
23held at the next general election and the appointed officer

 

 

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1shall serve until the election results are certified and the
2person elected at the special election is qualified , and the
3persons so appointed shall hold their respective offices for
4the remainder of the unexpired terms. All persons so appointed
5shall have the same powers and duties and are subject to the
6same penalties as if they had been elected or appointed for a
7full term of office. A vacancy in the office of township or
8multi-township assessor shall be filled only as provided in
9the Property Tax Code.
10    For purposes of this subsection (a), a conviction for an
11offense that disqualifies an officer from holding that office
12occurs on the date of (i) the entry of a plea of guilty in
13court, (ii) the return of a guilty verdict, or (iii) in the
14case of a trial by the court, the entry of a finding of guilt.
15    (b) If a vacancy on the township board is not filled within
1660 days, then a special township meeting must be called under
17Section 35-5 to select a replacement under Section 35-35.
18    (b-5) If the vacancy being filled under subsection (a) or
19(b) is for the township supervisor, a trustee shall be
20appointed as deputy supervisor to perform the ministerial
21functions of that office until the vacancy is filled under
22subsections (a) or (b). Once the vacancy is filled under
23subsections (a) or (b), the deputy supervisor's appointment is
24terminated.
25    (c) Except as otherwise provided in this Section, whenever
26any township or multi-township office becomes vacant or

 

 

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1temporarily vacant, the township or multi-township board may
2temporarily appoint a deputy to perform the ministerial
3functions of the vacant office until the vacancy has been
4filled as provided in subsection (a) or (b). If the office is
5temporarily vacant, the temporarily appointed deputy may
6perform the ministerial functions of the vacant office until
7the township officer submits a written statement to the
8appropriate board that he or she is able to resume his or her
9duties. The statement shall be sworn to before an officer
10authorized to administer oaths in this State. A temporary
11deputy shall not be permitted to vote at any meeting of the
12township board on any matter properly before the board unless
13the appointed deputy is a trustee of the board at the time of
14the vote. If the appointed deputy is a trustee appointed as a
15temporary deputy, his or her trustee compensation shall be
16suspended until he or she concludes his or her appointment as
17an appointed deputy upon the permanent appointment to fill the
18vacancy. The compensation of a temporary deputy shall be
19determined by the appropriate board. The township board shall
20not appoint a deputy clerk if the township clerk has appointed
21a deputy clerk under Section 75-45.
22    (d) Except for the temporary appointment of a deputy under
23subsection (c), any person appointed to fill a vacancy under
24this Section shall be a member of the same political party as
25the person vacating the office if the person vacating the
26office was elected as a member of an established political

 

 

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1party, under Section 10-2 of the Election Code, that is still
2in existence at the time of appointment. The appointee shall
3establish his or her political party affiliation by his or her
4record of voting in party primary elections or by holding or
5having held an office in a political party organization before
6appointment. If the appointee has not voted in a party primary
7election or is not holding or has not held an office in a
8political party organization before the appointment, then the
9appointee shall establish his or her political party
10affiliation by his or her record of participating in a
11political party's nomination or election caucus.
12(Source: P.A. 101-104, eff. 7-19-19.)
 
13    (60 ILCS 1/70-45)
14    Sec. 70-45. Supervisors in Cook County. The supervisors of
15townships in Cook County shall perform the same duties as
16supervisors of townships in other counties under township
17organization, except that they shall not be members of the
18county board or exercise any of the powers of county board
19members. They shall have the same compensation for their
20services prescribed by law for similar services rendered by
21other township supervisors.
22    Township supervisors may serve as members of the Cook
23County Townships Public Aid Committee. The supervisors shall
24not receive additional compensation for duties associated with
25the Cook County Townships Public Aid Committee but shall be

 

 

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1reimbursed for actual and necessary expenses related to
2service on the Committee.
3    The compensation for a supervisor of a township in Cook
4County may not be increased during the term of office for which
5the supervisor is elected or appointed. An ordinance
6establishing compensation, including an increase or decrease
7in a supervisor's compensation, shall apply uniformly to the
8supervisors whose terms start after enactment of the
9compensation ordinance. A township is prohibited from
10decreasing the salary for a person elected as supervisor of a
11township while maintaining the salary of an incumbent. An
12ordinance that violates this paragraph is null and void.
13(Source: P.A. 90-210, eff. 7-25-97.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.