96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1624


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Patrick J Verschoore
 
SYNOPSIS AS INTRODUCED:
 		













60 ILCS 1/100-10









    Amends the Township Code. Makes a technical change in a Section concerning the
office of the township enforcement officer.
















LRB096 05188 RLJ 15254 b

















 


 


A BILL FOR









 











HB1624

LRB096 05188 RLJ 15254 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 5. The Township Code is amended by changing Section 
5
100-10 as follows:
 



6
    (60 ILCS 1/100-10)


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    Sec. 100-10. Township enforcement officer. 

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    (a) The
The township board may appoint a township 
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enforcement officer to serve
for a term of one year and may 
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remove the officer for cause. Every person
appointed to the 
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office of township enforcement officer, before entering on the

12
duties of the office and within 10 days after being notified of 
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the
appointment, shall cause to be filed in the office of the 
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township clerk a
notice signifying his or her acceptance of the 
15
office.  A neglect to cause the
notice to be filed shall be 
16
deemed a refusal to serve.
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    (b) The sheriff of the county in which the township is 
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situated may
disapprove the appointment within 30 days after 
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the notice is filed.  The
disapproval precludes that person from 
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serving as the township enforcement
officer, and the township 
21
board may appoint another person
to that position
subject to 
22
approval by the sheriff.  

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    (c) Every person appointed to the office of township 
 


 






HB1624
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LRB096 05188 RLJ 15254 b




1
enforcement officer,
before entering upon the duties of the 
2
office, shall execute, with sufficient
sureties to be approved 
3
by the supervisor or clerk of the township, an
instrument in 
4
writing by which the township enforcement officer and his or 
5
her
sureties shall jointly and severally agree to pay to each 
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and every person who
may be entitled thereto all sums of money 
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as the township enforcement officer
may become liable to pay on 
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account of any neglect or default of the township
enforcement 
9
officer or on account of any misfeasance of the township

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enforcement officer in the discharge of, or failure to 
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faithfully perform, any
of the duties of the office.  

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    (d) The township enforcement officer shall have the same 
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power and authority
within the township as a deputy sheriff but 
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only for the purpose of enforcing
township ordinances. The 
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township enforcement officer shall not carry firearms
and will 
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not be required to comply with the Peace Officer Firearm 
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Training Act.
 The officer shall attend law enforcement training 
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classes conducted by the
Illinois Law Enforcement Training 
19
Standards Board.  The township board
shall appropriate all 
20
necessary monies for the training.

21
    (d-5) (1) Except as provided in paragraph (2) of this 
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subsection, in all
actions for the violation of any township 
23
ordinance, the township enforcement
officer shall be 
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authorized to issue and to serve upon any person who the

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township enforcement officer has reasonable grounds to believe 
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is guilty of a
violation of a township ordinance a notice of 
 


 






HB1624
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LRB096 05188 RLJ 15254 b




1
violation that shall constitute
a summons and complaint.  A copy 
2
of such notice of violation shall be forwarded
to the circuit 
3
court having jurisdiction over the township where the violation

4
is alleged to have been committed.  Every person who has been 
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issued a summons
shall appear for trial, and the action shall 
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be prosecuted in the corporate
name of the township.

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    (2) In all actions for violation of any township ordinance 
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when the fine
would not be in excess of $500 and no jail term 
9
could be imposed, service of
summons may be made by the 
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township clerk by certified mail, return receipt
requested, 
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whether service is to be within or without the State.

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    (e) The township enforcement officer shall carry an 
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identification document
provided by the township board 
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identifying him or her as the township
enforcement officer.  The 
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officer shall notify the township clerk of any
violations of 
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township ordinances.

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    (f) Nothing in this Code precludes a county auxiliary 
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deputy or deputy
sheriff, or a municipal policeman or auxiliary 
19
police officer from serving as a
township enforcement officer 
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during off-duty hours.

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    (g) The township board may provide compensation for the 
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township enforcement
officer on either a per diem or a salary 
23
basis.

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    (h) (Blank).

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(Source: P.A. 94-984, eff. 6-30-06.)