97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0563

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

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.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing Section
5100-10 as follows:
 
6    (60 ILCS 1/100-10)
7    Sec. 100-10. Township enforcement officer.
8    (a) The The township board may appoint a township
9enforcement officer to serve for a term of one year and may
10remove the officer for cause. Every person appointed to the
11office of township enforcement officer, before entering on the
12duties of the office and within 10 days after being notified of
13the appointment, shall cause to be filed in the office of the
14township clerk a notice signifying his or her acceptance of the
15office. A neglect to cause the notice to be filed shall be
16deemed a refusal to serve.
17    (b) The sheriff of the county in which the township is
18situated may disapprove the appointment within 30 days after
19the notice is filed. The disapproval precludes that person from
20serving as the township enforcement officer, and the township
21board may appoint another person to that position subject to
22approval by the sheriff.
23    (c) Every person appointed to the office of township

 

 

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1enforcement officer, before entering upon the duties of the
2office, shall execute, with sufficient sureties to be approved
3by the supervisor or clerk of the township, an instrument in
4writing by which the township enforcement officer and his or
5her sureties shall jointly and severally agree to pay to each
6and every person who may be entitled thereto all sums of money
7as the township enforcement officer may become liable to pay on
8account of any neglect or default of the township enforcement
9officer or on account of any misfeasance of the township
10enforcement officer in the discharge of, or failure to
11faithfully perform, any of the duties of the office.
12    (d) The township enforcement officer shall have the same
13power and authority within the township as a deputy sheriff but
14only for the purpose of enforcing township ordinances. The
15township enforcement officer shall not carry firearms and will
16not be required to comply with the Peace Officer Firearm
17Training Act. The officer shall attend law enforcement training
18classes conducted by the Illinois Law Enforcement Training
19Standards Board. The township board shall appropriate all
20necessary monies for the training.
21    (d-5) (1) Except as provided in paragraph (2) of this
22subsection, in all actions for the violation of any township
23ordinance, the township enforcement officer shall be
24authorized to issue and to serve upon any person who the
25township enforcement officer has reasonable grounds to believe
26is guilty of a violation of a township ordinance a notice of

 

 

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1violation that shall constitute a summons and complaint. A copy
2of such notice of violation shall be forwarded to the circuit
3court having jurisdiction over the township where the violation
4is alleged to have been committed. Every person who has been
5issued a summons shall appear for trial, and the action shall
6be prosecuted in the corporate name of the township.
7    (2) In all actions for violation of any township ordinance
8when the fine would not be in excess of $500 and no jail term
9could be imposed, service of summons may be made by the
10township clerk by certified mail, return receipt requested,
11whether service is to be within or without the State.
12    (e) The township enforcement officer shall carry an
13identification document provided by the township board
14identifying him or her as the township enforcement officer. The
15officer shall notify the township clerk of any violations of
16township ordinances.
17    (f) Nothing in this Code precludes a county auxiliary
18deputy or deputy sheriff, or a municipal policeman or auxiliary
19police officer from serving as a township enforcement officer
20during off-duty hours.
21    (g) The township board may provide compensation for the
22township enforcement officer on either a per diem or a salary
23basis.
24    (h) (Blank).
25(Source: P.A. 94-984, eff. 6-30-06.)