Bill Amendment: IL HB3301 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELIMINATE WILL CO TWP CLERKS

Status: 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB3301 Detail]

Download: Illinois-2019-HB3301-House_Amendment_001.html

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Rep. Natalie A. Manley

Filed: 3/14/2019

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AMENDMENT TO HOUSE BILL 3301
AMENDMENT NO. ______. Amend House Bill 3301 by replacing
everything after the enacting clause with the following:
"Section 5. The Township Code is amended by changing
Sections 35-5, 75-45, and 80-5 and by adding Sections 35-27 and
75-50 as follows:
(60 ILCS 1/35-5)
Sec. 35-5. Special township meeting. Special township
meetings shall be held when the township board (or at least 15
voters of the township) file in the office of the township
clerk a written statement that a special meeting is necessary
for the interests of the township, or when required under
subsection (a-5) of Section 80-5. The statement also shall set
forth the objects of the meeting, which must be relevant to
powers granted to electors under this Code. Except for a
special township meeting required to be held under subsection

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(a-5) of Section 80-5, the The special township meeting shall
be held no less than 14 nor more than 45 days after the written
request is filed in the office of the township clerk. Special
township meetings may not begin before 6 p.m.
(Source: P.A. 95-761, eff. 7-28-08.)
(60 ILCS 1/35-27 new)
Sec. 35-27. Electors; breaking a tie. If a special township
meeting is required to be held under subsection (a-5) of
Section 80-5, the electors present at the special township
meeting shall by majority vote fill the vacancy.
(60 ILCS 1/75-45)
Sec. 75-45. Deputy clerk.
(a) The township clerk, when authorized by the township
board, may appoint one deputy clerk.
(b) The deputy clerk has the power and duty to do the
following:
(1) Execute all documents required by law to be
executed by the township clerk and affix the township
clerk's seal to those documents when required by law. In
signing a document, the deputy clerk shall sign the name of
the clerk followed with the word "By" and the deputy
clerk's own name and the words "Deputy Clerk".
(2) Attend bid openings with respect to the sale,
purchase, or lease of goods or services by the township or

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the road district comprised of that township.
(3) Attend township meetings and township board
meetings and take minutes of those meetings.
(c) Except for a deputy clerk reappointed under subsection
(d) who shall exercise the powers authorized under this Section
at the direction of the Will County Clerk, the The deputy clerk
shall exercise the powers authorized under this Section only in
the absence of the township clerk from the place where the
clerk's office is maintained (in the case of powers described
in paragraphs (1) and (2) of subsection (b)) and only when (i)
the clerk has directed the deputy clerk, in writing, to
exercise that power or (ii) the township board has determined
by resolution that the township clerk is temporarily or
permanently incapacitated to perform that function.
(d) A deputy clerk appointed under subsection (a) serving
on the effective date of this amendatory Act of the 101st
General Assembly in the office of a township clerk that has
been abolished under Section 75-50 must be reappointed by the
township board no later than 60 days after the effective date
of this amendatory Act of the 101st General Assembly in order
to retain his or her position. After the expiration of the
reappointed term of a deputy clerk appointed under subsection
(a), a deputy clerk appointed under Section 80-5, when
authorized by the township board, may appoint an assistant
deputy clerk under the provisions of this Section.
(Source: Incorporates P.A. 88-360; 88-670, eff. 12-2-94.)

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(60 ILCS 1/75-50 new)
Sec. 75-50. Will County pilot program for abolition of
offices of township clerks.
(a) In Joliet Township, Troy Township, Lockport Township,
DuPage Township, Wheatland Township, and Plainfield Township
in Will County: (i) the office of township clerk is abolished;
(ii) the term of any elected or appointed township clerk is
terminated; and (iii) the Will County Clerk assumes the duties
and rights of each township clerk until a deputy clerk is
appointed for each township affected by this Section.
(b) No later than 90 days after the effective date of this
amendatory Act of the 101st General Assembly, the Will County
Clerk must appoint a deputy clerk for each office of township
clerk abolished under subsection (a). A deputy clerk appointed
under this Section has the rights and duties of a township
clerk under this Code and any other law and shall report to the
Will County Clerk. If a township described in subsection (a)
provides an office for the township clerk, a deputy clerk
appointed under this subsection (b) shall perform his or her
duties at that office.
(60 ILCS 1/80-5)
Sec. 80-5. Township board membership; officers.
(a) In each township, the township board shall consist of
the supervisor and 4 other members elected at large from the

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township under Section 50-5. The township clerk shall be the
clerk of the township board but not a voting member, except
that in the case of a tie vote to fill a vacancy in a township
office, the clerk shall be entitled to cast one vote. Each
person on the township board shall cast but one vote. The
supervisor shall be the chairman of the board.
(a-5) In a township in which the office of township clerk
has been abolished under Section 75-50, the deputy clerk
appointed under subsection (b) of Section 75-50 may not cast a
vote under subsection (a) of this Section. Rather, if a tie
vote to fill a vacancy in a township office remains unresolved
for 60 days, the township board must call a special township
meeting to be held no later than 90 days after the initial tie
vote at which time the electors present at the special township
meeting shall by majority vote fill the vacancy.
(b) In towns organized under Article 15, all the powers
vested by law in the township board shall be exercised by the
city council.
(c) The designations "town auditors", "board of trustees",
"board of town trustees", "board of township trustees", and
"town board" are changed to "township board". Wherever the
terms "auditors", "board of trustees", "board of town
trustees", board of township trustees", or "town board" are
used in this or any other Act to refer to township officers
provided for by this Section, they mean the township board.
Wherever the term "trustees" is used in this or any other Act

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to refer to township officers provided for by this Section, it
means the members of the township board other than the township
supervisor.
(d) The change made by Public Act 79-341 does not reduce
the term of any member of a town board of auditors elected
before its effective date (October 1, 1975) nor does it
invalidate any action taken by a board of town auditors or town
trustees by reason of the designation used for the board in
relation to the action taken.
(Source: P.A. 85-694; 88-62.)
Section 99. Effective date. This Act takes effect upon
becoming law.".