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Illinois General Assembly· HB 32Governor Approved

TOWNSHIP SUPERVISOR VACANCY, the official text

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HB0032 Enrolled                      LRB104 05560 RTM 15590 b

1  AN ACT concerning local government.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 10. The Township Code is amended by changing

5 Section 60-5 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

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 in any court of the State of Illinois or of the

15 United States of an officer for an infamous crime, then the

16 township board shall fill the vacancy by appointment, by

17 warrant under their signatures and seals, and the persons so

18 appointed shall hold their respective offices for the

19 remainder of the unexpired terms. All persons so appointed

20 shall have the same powers and duties and are subject to the

21 same penalties as if they had been elected or appointed for a

22 full term of office. A vacancy in the office of township or

23 multi-township assessor shall be filled only as provided in
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1 the Property Tax Code.

2   For purposes of this subsection (a), a conviction for an

3 offense that disqualifies an officer from holding that office

4 occurs on the date of (i) the entry of a plea of guilty in

5 court, (ii) the return of a guilty verdict, or (iii) in the

6 case of a trial by the court, the entry of a finding of guilt.

7   (b) If a vacancy on the township board is not filled within

8 60 days, then a special township meeting must be called under

9 Section 35-5 to select a replacement under Section 35-35.

10  (b-5) If the vacancy being filled under subsection (a) or

11 (b) is for the township supervisor, a trustee shall be

12 appointed as deputy supervisor to perform the ministerial

13 functions of that office until the vacancy is filled under

14 subsections (a) or (b). Once the vacancy is filled under

15 subsections (a) or (b), the deputy supervisor's appointment is

16 terminated.

17  (c) Except as otherwise provided in this Section, whenever

18 any township or multi-township office becomes vacant or

19 temporarily vacant, the township or multi-township board may

20 temporarily appoint a deputy to perform the ministerial

21 functions of the vacant office until the vacancy has been

22 filled as provided in subsection (a) or (b). If the office is

23 temporarily vacant, the temporarily appointed deputy may

24 perform the ministerial functions of the vacant office until

25 the township officer submits a written statement to the

26 appropriate board that he or she is able to resume his or her
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1 duties. For the purposes of this Section, "ministerial

2 functions" includes, but is not limited to, serving as the ex

3 officio supervisor of general assistance in the township and

4 administering the general assistance program under Articles

5 VI, XI, and XII of the Illinois Public Aid Code. The statement

6 shall be sworn to before an officer authorized to administer

7 oaths in this State. A temporary deputy shall not be permitted

8 to vote at any meeting of the township board on any matter

9 properly before the board unless the appointed deputy is a

10 trustee of the board at the time of the vote. If the appointed

11 deputy is a trustee appointed as a temporary deputy, his or her

12 trustee compensation shall be suspended until he or she

13 concludes his or her appointment as an appointed deputy upon

14 the permanent appointment to fill the vacancy. The

15 compensation of a temporary deputy shall be determined by the

16 appropriate board. The township board shall not appoint a

17 deputy clerk if the township clerk has appointed a deputy

18 clerk under Section 75-45.

19  (d) Except for the temporary appointment of a deputy under

20 subsection (c), any person appointed to fill a vacancy under

21 this Section shall be a member of the same political party as

22 the person vacating the office if the person vacating the

23 office was elected as a member of an established political

24 party, under Section 10-2 of the Election Code, that is still

25 in existence at the time of appointment. The appointee shall

26 establish his or her political party affiliation by his or her
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1 record of voting in party primary elections or by holding or
2 having held an office in a political party organization before
3 appointment. If the appointee has not voted in a party primary
4 election or is not holding or has not held an office in a
5 political party organization before the appointment, then the
6 appointee shall establish his or her political party
7 affiliation by his or her record of participating in a
8 political party's nomination or election caucus.
9 (Source: P.A. 101-104, eff. 7-19-19.)

10  Section 20. The Child Labor Law of 2024 is amended by

11 changing Sections 20 and 35 as follows:

12  (820 ILCS 206/20)

13  Sec. 20. Exemptions.

14  (a) Nothing in this Act applies to the work of a minor

15 engaged in agricultural pursuits, except that no minor under

16 12 years of age, except members of the farmer's own family who

17 live with the farmer at his principal place of residence, at

18 any time shall be employed, allowed, or permitted to work in

19 any gainful occupation in connection with agriculture, except

20 that any minor of 10 years of age or older shall be permitted

21 to work in a gainful occupation in connection with agriculture

22 during school vacations or outside of school hours.

23  (b) Nothing in this Act applies to the work of a minor

24 engaged in the sale and distribution of magazines and
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1 newspapers outside of school hours.

2   (c) Nothing in this Act applies a minor's performance of

3 household chores or babysitting outside of school hours if

4 that work is performed in or about a private residence and not

5 in connection with an established business, trade, or

6 profession of the person employing, allowing, or permitting

7 the minor to perform the activities.

8   (d) Nothing in this Act applies to the work of a minor 13

9 years of age or older in caddying at a golf course.

10  (e) Nothing in this Act applies to a minor 14 or 15 years

11 of age who is, under the direction of the minor's school,

12 participating in work-based learning programs in accordance

13 with the School Code.

14  (f) Nothing in this Act prohibits an employer from

15 employing, allowing, or permitting a minor 12 or 13 years of

16 age to work as an officiant or an assistant instructor of youth

17 sports activities for a not-for-profit youth club, park

18 district, township parks and recreation department, or

19 municipal parks and recreation department if the employer

20 obtains certification as provided for in Section 55 and:

21  (1) the parent or guardian of the minor who is working

22  as an officiant or an assistant instructor, or an adult

23  designated by the parent or guardian, shall be present at

24  the youth sports activity while the minor is working;

25  (2) the minor may work as an officiant or an assistant

26  instructor for a maximum of 3 hours per day on school days
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1   and a maximum of 4 hours per day on non-school days;

2   (3) the minor shall not exceed 10 hours of officiating

3   and working as assistant instructor in any week;

4   (4) the minor shall not work later than 9:00 p.m. on

5   any day of the week; and

6   (5) the participants in the youth sports activity are

7   at least 3 years younger than the minor unless an

8   individual 16 years of age or older is officiating or

9   instructing the same youth sports activity with the minor.

10  The failure to satisfy the requirements of this subsection

11 may result in the revocation of the minor's employment

12 certificate.

13 (Source: P.A. 103-721, eff. 1-1-25.)

14  (820 ILCS 206/35)

15  Sec. 35. Employer requirements.

16  (a) It shall be unlawful for any person to employ, allow,

17 or permit any minor to work unless the minor obtains an

18 employment certificate authorizing the minor to work for that

19 person. Any person seeking to employ, allow, or permit any

20 minor to work shall provide that minor with a notice of

21 intention to employ to be submitted by the minor to the minor's

22 school issuing officer with the minor's application for an

23 employment certificate.

24  (b) Every employer of one or more minors shall maintain,

25 on the premises where the work is being done, records that
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1 include the name, date of birth, and place of residence of

2 every minor who works for that employer, notice of intention

3 to employ the minor, and the minor's employment certificate.

4 Authorized officers and employees of the Department, truant

5 officers, and other school officials charged with the

6 enforcement of school attendance requirements described in

7 Section 26-1 of the School Code may inspect the records

8 without notice at any time.

9   (c) Every employer of minors shall ensure that all minors

10 are supervised by an adult 21 years of age or older, on site,

11 at all times while the minor is working. This requirement does

12 not apply with respect to: (i) any minor working for a park

13 district, a township parks and recreation department, or a

14 municipal parks and recreation department who is supervised by

15 an adult 18 years of age or older who is an employee of the

16 park district, the township parks and recreation department,

17 or the municipal parks and recreation department and no

18 alcohol or tobacco is being sold on site; or (ii) any minor

19 working as an officiant of youth sports activities if an adult

20 21 years of age or older who is an employee of the park

21 district, the township parks and recreation department, or the

22 municipal parks and recreation department is on call.

23  (d) No person shall employ, allow, or permit any minor to

24 work for more than 5 hours continuously without an interval of

25 at least 30 minutes for a meal period. No period of less than

26 30 minutes shall be deemed to interrupt a continuous period of
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1 work.

2   (e) Every employer who employs one or more minors shall

3 post in a conspicuous place where minors are employed,

4 allowed, or permitted to work, a notice summarizing the

5 requirements of this Act, including a list of the occupations

6 prohibited to minors and the Department's toll free telephone

7 number described in Section 85. An employer with employees who

8 do not regularly report to a physical workplace, such as

9 employees who work remotely or travel for work, shall also

10 provide the summary and notice by email to its employees or

11 conspicuous posting on the employer's website or intranet

12 site, if the site is regularly used by the employer to

13 communicate work-related information to employees and is able

14 to be regularly accessed by all employees, freely and without

15 interference. The notice shall be furnished by the Department.

16  (f) Every employer, during the period of employment of a

17 minor and for 3 years thereafter, shall keep on file, at the

18 place of employment, a copy of the employment certificate

19 issued for the minor. An employment certificate shall be valid

20 only for the employer for whom it was issued and a new

21 certificate shall not be issued for the employment of a minor

22 except on the presentation of a new statement of intention to

23 employ the minor. The failure of any employer to produce for

24 inspection the employment certificate for each minor in the

25 employer's establishment shall be a violation of this Act. The

26 Department may specify any other record keeping requirements
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1 by rule.

2   (g) In the event of the work-related death of a minor

3 engaged in work subject to this Act, the employer shall,

4 within 24 hours, report the death to the Department and to the

5 school official who issued the minor's work certificate for

6 that employer. In the event of a work-related injury or

7 illness of a minor that requires the employer to file a report

8 with the Illinois Workers' Compensation Commission under

9 Section 6 of the Workers' Compensation Act or Section 6 of the

10 Workers' Occupational Diseases Act, the employer shall submit

11 a copy of the report to the Department and to the school

12 official who issued the minor's work certificate for that

13 employer within 72 hours of the deadline by which the employer

14 must file the report to the Illinois Workers' Compensation

15 Commission. The report shall be subject to the confidentiality

16 provisions of Section 6 of the Workers' Compensation Act or

17 Section 6 of the Workers' Occupational Diseases Act.

18 (Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.)

19  Section 99. Effective date. This Act takes effect upon

20 becoming law.
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