5 ILCS 275/ Emergency Interim Executive Succession Act.

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5 ILCS 275/1

(5 ILCS 275/1) (from Ch. 102, par. 101)

Sec. 1.

Short
title.

This Act shall be known and may be cited as the "Emergency Interim Executive Succession Act."

(Source: Laws 1961, p. 3768.)

5 ILCS 275/2

(5 ILCS 275/2) (from Ch. 102, par. 102)

Sec. 2.

Statement of policy.

Because of the existing possibility of attack
upon the United States of unprecedented size and destructiveness, and in
order, in the event of such an attack, to assure continuity of government
through legally constituted leadership, authority and responsibility in
the offices of the government of the state and its political subdivisions;
to provide for the effective operation of governments during an emergency;
to assure the continuity of local governments in the event of other natural
or manmade disasters; and to facilitate the early resumption of functions
temporarily suspended, it is found and declared to be necessary to provide
for additional officers who can exercise the powers and discharge the duties
of governor; to provide for emergency interim succession to governmental
offices of this State and its political subdivisions in the event the incumbents
thereof (and their deputies,
assistants or other subordinate officers authorized, pursuant to law, to
exercise all of the powers and discharge the duties of such offices,
hereinafter referred to as deputies) are unavailable to perform the duties
and functions of such offices.

(Source: P.A. 82-781.)

5 ILCS 275/3

(5 ILCS 275/3) (from Ch. 102, par. 103)

Sec. 3.

Definitions.

Unless otherwise clearly required by the context, as used in this Act:

(a) "Unavailable" means either that a vacancy in office exists and there
is no deputy authorized to exercise all of the powers and discharge the
duties of the office, or that the lawful incumbent of the office (including
any deputy exercising the powers and discharging the duties of an office
because of a vacancy) and his duly authorized deputy are absent or unable
to exercise the powers and discharge the duties of the office.

(b) "Emergency interim successor" means a person designated pursuant to
this Act, in the event the officer is unavailable, to exercise the powers
and discharge the duties of an office until a successor is appointed or
elected and qualified as may be provided by the constitution, statutes,
charters and ordinances or until the lawful incumbent is able to resume the
exercise of the powers and discharge the duties of the office.

(c) "Office" includes all state and local offices, the powers and duties
of which are defined by the constitution, statutes, charters, and
ordinances, except the office of governor, and except those in the
legislature and the judiciary.

(d) "Attack" means any attack or series of attacks by an enemy of the
United States causing, or which may cause, substantial damage or injury to
civilian property or persons in the United States in any manner by sabotage
or by the use of bombs, missiles, shellfire, or atomic, radiological,
chemical, bacteriological or biological means or other weapons or
processes.

(e) "Political subdivision" includes counties, cities, incorporated
towns, villages, townships, districts, authorities, and other public
corporations and entities whether organized and existing under charter or
general law.

(f) "Disaster" means a situation determined by the Governor to be an
occurrence or threat of catastrophic and widespread injury or loss of life
or property resulting from any natural or manmade cause, including but not
limited to fire, flood, earthquake, epidemic and explosion.

(Source: P.A. 82-781.)

5 ILCS 275/4

(5 ILCS 275/4) (from Ch. 102, par. 104)

Sec. 4.

Additional successors to Office of Governor.

In the event that the Governor, for any of the reasons specified in
the constitution, is not able to exercise the powers and discharge the
duties of his office, the officer next in line of succession as provided
in Section 1 of "An Act in relation to succession to the office of Governor",
enacted by the 82nd General Assembly, shall succeed to the office of Governor.

(Source: P.A. 82-105.)

5 ILCS 275/5

(5 ILCS 275/5) (from Ch. 102, par. 105)

Sec. 5.

Emergency
interim successors for State officers.

All elected and appointed State officers, subject to such regulations as
the governor, (or other official authorized under the constitution and this
Act to exercise the powers and discharge the duties of the office of
governor), may issue, shall, upon approval of this Act, in addition to any
deputy authorized pursuant to law to exercise all of the powers and
discharge the duties of the office, designate by title emergency interim
successors and specify their order of succession. The officer shall review
and revise, as necessary, designations made pursuant to this Act to insure
their current status. The officer will designate a sufficient number of
such emergency interim successors so that there will be not less than three
nor more than seven such deputies or emergency interim successors or any
combination thereof, at any time. In the event that any State officer is
unavailable following an attack, and in the event his deputy, if any, is
also unavailable, the powers of his office shall be exercised and the
duties of his office shall be discharged by his designated emergency
interim successors in the order specified. Such emergency interim
successors shall exercise such powers and discharge such duties only until
such time as the governor under the constitution or authority other than
this Act, (or other official authorized under the constitution or this Act
to exercise the powers and discharge the duties of the office of governor),
may, where a vacancy exists, appoint a successor to fill the vacancy or
until a successor is otherwise appointed, or elected and qualified as
provided by law; or an officer, (or his deputy or a preceding named
emergency interim successor), becomes available to exercise or resume the
exercise of the powers and discharge the duties of his office.

(Source: Laws 1961, p. 3768.)

5 ILCS 275/6

(5 ILCS 275/6) (from Ch. 102, par. 106)

Sec. 6.

Enabling
authority for emergency interim successors for local offices.

With respect to local offices for which the legislative bodies of
cities, incorporated towns, villages, townships, and counties may enact
resolutions or ordinances relative to the manner in which vacancies will be
filled or temporary appointments to office made, such legislative bodies
are hereby authorized to enact resolutions or ordinances providing for
emergency interim successors to offices of the aforementioned governmental
units. Such resolutions and ordinances shall not be inconsistent with the
provisions of this Act.

(Source: Laws 1961, p. 3768.)

5 ILCS 275/7

(5 ILCS 275/7) (from Ch. 102, par. 107)

Sec. 7.

Emergency
interim successors for local officers.

The provisions of this  Section shall be applicable to officers of
political subdivisions, including, but not limited to, cities, incorporated
towns, villages, townships and counties, as well as school, fire and
drainage districts, not included in Section 6. Such officers, subject to
such regulations as the executive head of the political subdivision may
issue, shall upon approval of this Act, designate by title (if feasible) or
by named person, emergency interim successors and specify their order of
succession. The officer shall review and revise, as necessary, designations
made pursuant to this Act to insure their current status. The officer will
designate a sufficient number of persons so that there will be not less
than 3, nor more than 7, deputies or emergency interim successors or any
combination thereof, at any time. In the event that any officer of any
political subdivision, or his deputy provided for pursuant to law, is
unavailable, the powers of the office shall be exercised and duties shall
be discharged by his designated emergency interim successors in the order
specified. The emergency interim successor shall exercise the powers and
discharge the duties of the office to which designated until such time as a
vacancy which may exist shall be filled in accordance with the constitution
or statutes; or until the officer, or his deputy or a preceding emergency
interim successor, again becomes available to exercise the powers and
discharge the duties of his office.

(Source: Laws 1961, p. 3768.)

5 ILCS 275/8

(5 ILCS 275/8) (from Ch. 102, par. 108)

Sec. 8.

Formalities
of taking office.

At the time of their designation, emergency interim successors shall
take such oath as may be required for them to exercise the powers and
discharge the duties of the office to which they may succeed.
Notwithstanding any other provision of law, no person, as a prerequisite to
the exercise of the powers or discharge of the duties of an office to which
he succeeds, shall be required to comply with any other provision of law
relative to taking office.

(Source: Laws 1961, p. 3768.)

5 ILCS 275/9

(5 ILCS 275/9) (from Ch. 102, par. 109)

Sec. 9.

Period in which authority may be exercised.

Officials authorized
to act as governor pursuant to this Act and emergency interim successors
are empowered to exercise the powers and discharge the duties of an office
as herein authorized only after an attack upon the United States, as defined
herein, has occurred; except that emergency interim successors for local
offices are also empowered to exercise the powers and discharge the duties
of offices as authorized in Sections 6 and 7 during a disaster within a
political subdivision.  The legislature may at any time terminate the
authority of such emergency interim successors to exercise the powers and
discharge the duties of office as herein provided.

(Source: P.A. 82-781.)

5 ILCS 275/10

(5 ILCS 275/10) (from Ch. 102, par. 110)

Sec. 10.

Removal of
designees.

Until such time as the persons designated as emergency interim
successors are authorized to exercise the powers and discharge the duties
of an office in accordance with this Act, including Section 9 hereof,
such persons shall serve in their designated capacities at the pleasure of
the designating authority and may be removed or replaced by said
designating authority at any time, with or without cause.

(Source: Laws 1961, p. 3768.)

5 ILCS 275/11

(5 ILCS 275/11) (from Ch. 102, par. 111)

Sec. 11.

Disputes.

Any dispute concerning a question of fact arising under this  Act with
respect to an office in the executive branch of the state government,
except a dispute of fact relative to the office of governor, shall be
adjudicated by the governor, or other official authorized under the
constitution and this Act to exercise the powers and discharge the duties
of the office of governor, and his decision shall be final.

(Source: Laws 1961, p. 3768.)