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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3097
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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Amends the Township Code. Makes a technical change in a Section concerning the
office of the township enforcement officer.
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A BILL FOR
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HB3097 |
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LRB095 06311 HLH 26406 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 Section |
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| 100-10 as follows:
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| (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
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| 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 |
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| office. A neglect to cause the
notice to be filed shall be |
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| 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 |
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| board may appoint another person
to that position
subject to |
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| approval by the sheriff.
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| (c) Every person appointed to the office of township |
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HB3097 |
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LRB095 06311 HLH 26406 b |
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| enforcement officer,
before entering upon the duties of the |
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| office, shall execute, with sufficient
sureties to be approved |
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| by the supervisor or clerk of the township, an
instrument in |
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| writing by which the township enforcement officer and his or |
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| 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 |
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| 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 |
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| Standards Board. The township board
shall appropriate all |
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| necessary monies for the training.
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| (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 |
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| 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 |
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HB3097 |
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LRB095 06311 HLH 26406 b |
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| violation that shall constitute
a summons and complaint. A copy |
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| of such notice of violation shall be forwarded
to the circuit |
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| court having jurisdiction over the township where the violation
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| 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 |
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| 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 |
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| 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 |
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| basis.
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| (h) (Blank).
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| (Source: P.A. 94-984, eff. 6-30-06.)
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