Full Text of HB5477 96th General Assembly
HB5477 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5477
Introduced 2/5/2010, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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60 ILCS 1/60-5 |
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60 ILCS 1/170-15 |
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Amends the Township Code. Provides that a vacancy in office occurs if a township officer or a member of a township board of directors resigns or is convicted of a disqualifying crime. Provides that an admission of guilt of a criminal offense that would, upon conviction, disqualify the officer from holding that office or the director from membership on the board, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office or board, effective at the time the plea agreement is made. Specifies that a conviction for an offense that disqualifies an officer from holding that office or a director from membership on the board occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt. Effective January 1, 2011.
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A BILL FOR
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing | 5 |
| Sections 60-5 and 170-15 as follows:
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| (60 ILCS 1/60-5)
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| Sec. 60-5. Filling vacancies in township offices. | 8 |
| (a) Except for the office of
township or multi-township | 9 |
| assessor, if a township fails to elect the number of
township | 10 |
| officers that the township is entitled to by law, or a person | 11 |
| elected
to any township office fails to qualify, or a vacancy | 12 |
| in any township office
occurs for any other reason including | 13 |
| without limitation the resignation of an officer or the | 14 |
| conviction of an officer for a disqualifying crime , then the | 15 |
| township board shall fill the vacancy by
appointment, by | 16 |
| warrant under their signatures and seals, and the persons so
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| appointed shall hold their respective offices for the remainder | 18 |
| of the
unexpired terms. All persons so appointed shall have the | 19 |
| same powers and
duties and are subject to the same penalties as | 20 |
| if they had been elected or
appointed for a full term of | 21 |
| office. A vacancy in the office of township or
multi-township | 22 |
| assessor shall be filled only as provided in the Property Tax
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| Code.
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| For the purposes of this subsection (a), an admission of | 2 |
| guilt of a criminal offense that would, upon conviction, | 3 |
| disqualify the officer from holding that office, in the form of | 4 |
| a written agreement with State or federal prosecutors to plead | 5 |
| guilty to a felony, bribery, perjury, or other infamous crime | 6 |
| under State or federal law, shall constitute a resignation from | 7 |
| that office, effective at the time the plea agreement is made. | 8 |
| For purposes of this subsection (a), a conviction for an | 9 |
| offense that disqualifies an officer from holding that office | 10 |
| occurs on the date of the return of a guilty verdict or, in the | 11 |
| case of a trial by the court, the entry of a finding of guilt. | 12 |
| (b) If a vacancy on the township board is not filled within | 13 |
| 60 days, then a
special township meeting must be called under | 14 |
| Section 35-5 to select a
replacement under Section 35-35.
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| (c) Except as otherwise provided in this Section, whenever | 16 |
| any township or
multi-township office becomes vacant or | 17 |
| temporarily vacant due to a physical
incapacity of a township | 18 |
| officer, the township or multi-township board may
temporarily | 19 |
| appoint a deputy to perform the ministerial functions of the | 20 |
| vacant
office until the physically incapacitated township | 21 |
| officer submits a written
statement to the appropriate board | 22 |
| that he or she is physically able to perform
his or her duty. | 23 |
| The statement shall be sworn to before an officer authorized
to | 24 |
| administer oaths in this State. A temporary deputy shall not be | 25 |
| permitted
to vote at any meeting of the township board on any | 26 |
| matter properly before the
board. The compensation of a |
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| temporary deputy shall be determined by the
appropriate board. | 2 |
| The township board shall not appoint a deputy clerk if
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| township clerk has appointed a deputy clerk under Section | 4 |
| 75-45.
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| (d) Any person appointed to fill a vacancy under this | 6 |
| Section shall be a
member of the same political party as the | 7 |
| person vacating the office if the
person vacating the office | 8 |
| was elected as a member of an established
political party, | 9 |
| under Section 10-2 of the Election Code, that is
still in | 10 |
| existence at the time of appointment. The appointee shall
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| establish his or her political party affiliation by his or her | 12 |
| record
of voting in party primary
elections or
by holding or | 13 |
| having held an office in a political party organization before
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| appointment. If the appointee has not voted in a party primary | 15 |
| election
or
is not holding
or has not held an office in a | 16 |
| political party organization before the
appointment, then the
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| appointee shall establish his or her political party | 18 |
| affiliation by his or her
record of
participating in a | 19 |
| political party's nomination or election caucus.
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| (Source: P.A. 90-748, eff. 8-14-98.)
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| (60 ILCS 1/170-15)
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| Sec. 170-15. Board of directors; appointment; conflict of | 23 |
| interest;
vacancy. Board of directors; appointment; conflict | 24 |
| of interest;
vacancy.
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| (a) The township clerk shall file a petition with the |
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| county clerk of the
county in which the township is located, | 2 |
| reciting that the township clerk
certified the proposition to | 3 |
| the proper election officials, who submitted the
proposition at | 4 |
| an election in and for the township in response to a petition
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| signed by 25 voters for the purpose of submitting the | 6 |
| proposition of
establishing a public hospital as provided in | 7 |
| this Article, and that the
election carried by a majority of | 8 |
| the voters voting at the election on the
question. The township | 9 |
| clerk's petition also shall request the township
board to | 10 |
| appoint a board of directors for the management and operation | 11 |
| of the
hospital.
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| (b) The township board shall appoint 5 persons to serve | 13 |
| without
compensation. The first directors appointed shall hold | 14 |
| office respectively for
one, 2, 3, 4, and 5 years from the | 15 |
| first Monday in the month following their
appointment and until | 16 |
| their successors are appointed and qualified. On or after
the | 17 |
| first Monday in May of each succeeding year, the township board | 18 |
| shall
appoint one director whose term shall be for 5 years, | 19 |
| commencing the first
Monday in May of the year he or she is | 20 |
| appointed. Each appointment of a
successor director shall be | 21 |
| made in the same manner and under the same
conditions as the | 22 |
| appointment of his or her predecessor. The
length of the term | 23 |
| of the first directors appointed shall be determined
by lot at | 24 |
| their first meeting, which shall be held not less than 30 days
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| after their appointment. A majority of the board of directors | 26 |
| shall
constitute a quorum, but a smaller number may adjourn |
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| from day to day.
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| The township board may, by resolution, increase the | 3 |
| membership of the
board to 7 directors. The resolution shall | 4 |
| not affect the terms of the
incumbent directors. Before the | 5 |
| first Monday in May following the adoption of
the resolution, | 6 |
| the township board shall appoint 3 directors, one to succeed
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| the incumbent whose term expires and the 2 additional directors | 8 |
| provided for in
the resolution, for terms of 3, 4, and 5 years | 9 |
| from the first Monday in May of
the year of the appointment. | 10 |
| Thereafter, upon the expiration of the term of
any director, | 11 |
| his or her successor shall be appointed for a term of 5 years | 12 |
| and
until a successor is appointed and qualified for a like | 13 |
| term.
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| If the township board has, by previous resolution, | 15 |
| increased the
membership of the board to 7 directors, the | 16 |
| township board may by new
resolution increase the membership of | 17 |
| the board by 2 new members in any one
year up to a maximum of 11 | 18 |
| directors. The new resolution shall not affect
the terms of the | 19 |
| incumbent directors. Before the first Monday in May following
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| the adoption of the new resolution, the township board shall | 21 |
| appoint a
sufficient number of directors so that there will be | 22 |
| (i) a successor for the
full term of each incumbent whose term | 23 |
| expires and (ii) the 2 additional
directors provided for in the | 24 |
| new resolution for terms of 4 and 5 years from
the first Monday | 25 |
| in May of the year of appointment. Thereafter, upon the
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| expiration of the term of any director, his or her successor |
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LRB096 18040 RLJ 33412 b |
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| shall be appointed
for a term of 5 years and until a successor | 2 |
| is appointed and qualified for a
like term.
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| (c) No director or employee of the township shall be | 4 |
| directly or indirectly
interested (i) in any contract, work, or | 5 |
| business of the township, (ii) in the
sale of any article whose | 6 |
| expense, price, or consideration is paid by the
township, or | 7 |
| (iii) in the purchase of any real estate or property for or
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| belonging to the township.
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| (d) Whenever a vacancy in the board of directors occurs | 10 |
| from a director's
death, resignation, or refusal to qualify, or | 11 |
| for any other reason including without limitation the | 12 |
| conviction of a director for a disqualifying crime , the
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| township board may fill the vacancy by appointment. The person | 14 |
| appointed or
qualified for office under this Section shall | 15 |
| assume the duties of that person
for whose unexpired term he or | 16 |
| she was appointed.
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| For the purposes of this subsection (d), an admission of | 18 |
| guilt of a criminal offense that would, upon conviction, | 19 |
| disqualify the director from membership on the board, in the | 20 |
| form of a written agreement with State or federal prosecutors | 21 |
| to plead guilty to a felony, bribery, perjury, or other | 22 |
| infamous crime under State or federal law, shall constitute a | 23 |
| resignation from the board, effective at the time the plea | 24 |
| agreement is made. | 25 |
| For purposes of this subsection (d), a conviction for an | 26 |
| offense that disqualifies a director from membership on the |
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HB5477 |
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LRB096 18040 RLJ 33412 b |
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| board occurs on the date of the return of a guilty verdict or, | 2 |
| in the case of a trial by the court, the entry of a finding of | 3 |
| guilt. | 4 |
| (Source: P.A. 88-62; 88-662, eff. 9-16-94.)
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| Section 99. Effective date. This Act takes effect January | 6 |
| 1, 2011.
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