Public Act 097-0295
 
HB0195 EnrolledLRB097 05123 KMW 45168 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Township Code is amended  by changing 
Sections 60-5 and 170-15 as follows:
 



    (60 ILCS 1/60-5)



    Sec. 60-5. Filling vacancies in township offices. 
    (a) 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 including 
without limitation the resignation of an officer or the 
conviction in any court of the State of Illinois or of the 
United States of an officer for an infamous crime, 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.

    For purposes of this subsection (a), a conviction for an 
offense that disqualifies an officer from holding that office 
occurs on the date of (i) the entry of a plea of guilty in 
court, (ii) the return of a guilty verdict, or (iii) in the 
case of a trial by the court, the entry of a finding of guilt.
    (b) 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.

    (c) 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.

    (d) 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. 90-748, eff. 8-14-98.)

 



    (60 ILCS 1/170-15)



    Sec. 170-15. Board of directors; appointment; conflict of 
interest;
vacancy. Board of directors; appointment; conflict 
of interest;
vacancy.

    (a) The township clerk shall file a petition with the 
county clerk of the
county in which the township is located, 
reciting that the township clerk
certified the proposition to 
the proper election officials, who submitted the
proposition at 
an election in and for the township in response to a petition

signed by 25 voters for the purpose of submitting the 
proposition of
establishing a public hospital as provided in 
this Article, and that the
election carried by a majority of 
the voters voting at the election on the
question.  The township 
clerk's petition also shall request the township
board to 
appoint a board of directors for the management and operation 
of the
hospital.

    (b) The township board shall appoint 5 persons to serve 
without
compensation. The first directors appointed shall hold 
office respectively for
one, 2, 3, 4, and 5 years from the 
first Monday in the month following their
appointment and until 
their successors are appointed and qualified. On or after
the 
first Monday in May of each succeeding year, the township board 
shall
appoint one director whose term shall be for 5 years, 
commencing the first
Monday in May of the year he or she is 
appointed. Each appointment of a
successor director shall be 
made in the same manner and under the same
conditions as the 
appointment of his or her predecessor. The
length of the term 
of the first directors appointed shall be determined
by lot at 
their first meeting, which shall be held not less than 30 days

after their appointment. A majority of the board of directors 
shall
constitute a quorum, but a smaller number may adjourn 
from day to day.

    The township board may, by resolution, increase the 
membership of the
board to 7 directors. The resolution shall 
not affect the terms of the
incumbent directors.  Before the 
first Monday in May following the adoption of
the resolution, 
the township board shall appoint 3 directors, one to succeed

the incumbent whose term expires and the 2 additional directors 
provided for in
the resolution, for terms of 3, 4, and 5 years 
from the first Monday in May of
the year of the appointment.  
Thereafter, upon the expiration of the term of
any director, 
his or her successor shall be appointed for a term of 5 years 
and
until a successor is appointed and qualified for a like 
term.

    If the township board has, by previous resolution, 
increased the
membership of the board to 7 directors, the 
township board may by new
resolution increase the membership of 
the board by 2 new members in any one
year up to a maximum of 11 
directors. The new resolution shall not affect
the terms of the 
incumbent directors.  Before the first Monday in May following

the adoption of the new resolution, the township board shall 
appoint a
sufficient number of directors so that there will be 
(i) a successor for the
full term of each incumbent whose term 
expires and (ii) the 2 additional
directors provided for in the 
new resolution for terms of 4 and 5 years from
the first Monday 
in May of the year of appointment.  Thereafter, upon the

expiration of the term of any director, his or her successor 
shall be appointed
for a term of 5 years and until a successor 
is appointed and qualified for a
like term.

    (c) No director or employee of the township shall be 
directly or indirectly
interested (i) in any contract, work, or 
business of the township, (ii) in the
sale of any article whose 
expense, price, or consideration is paid by the
township, or 
(iii) in the purchase of any real estate or property for or

belonging to the township.

    (d) Whenever a vacancy in the board of directors occurs 
from a director's
death, resignation, or refusal to qualify, or 
for any other reason including without limitation the 
conviction in any court of the State of Illinois or of the 
United States of a director for an infamous crime, the
township 
board may fill the vacancy by appointment. The person appointed 
or
qualified for office under this Section shall assume the 
duties of that person
for whose unexpired term he or she was 
appointed.

    For purposes of this subsection (d), a conviction for an 
offense that disqualifies a director from membership on the 
board occurs on the date of (i) the entry of a plea of guilty in 
court, (ii) the return of a guilty verdict, or (iii) in the 
case of a trial by the court, the entry of a finding of guilt.
(Source: P.A. 88-62; 88-662, eff. 9-16-94.)

  
 
    Section 99. Effective date. This Act takes effect January 
1, 2012.