Illinois General Assembly - Full Text of SB3103
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Full Text of SB3103  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/1/2012, by Sen. Christine Radogno


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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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 one or more township
9enforcement officers to serve for a term of one year and may
10remove an officer with or without cause. Every person appointed
11to the office of township enforcement officer, before entering
12on the duties of the office and within 10 days after being
13notified of the appointment, shall cause to be filed in the
14office of the township clerk a notice signifying his or her
15acceptance of the office. A neglect to cause the notice to be
16filed shall be deemed a refusal to serve.
17    (b) The sheriff of the county in which the township is
18situated may disapprove any such appointment within 30 days
19after the notice is filed. The disapproval precludes that
20person from serving as a township enforcement officer, and the
21township board may appoint another person to that position
22subject to approval 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 officers shall have the same
13power and authority within the township as a deputy sheriff but
14only for the purpose of enforcing township ordinances.
15Notwithstanding any other provisions of this Section, township
16enforcement officers are authorized to enforce county
17ordinances within areas of a county located within the township
18pursuant to intergovernmental agreements between the
19respective county and township to the extent authorized by the
20agreement. The township enforcement officer shall not carry
21firearms and will not be required to comply with the Peace
22Officer Firearm Training Act. The officer shall attend law
23enforcement training classes conducted by the Illinois Law
24Enforcement Training Standards Board. The township board shall
25appropriate all necessary monies for the training.
26    (d-5) (1) Except as provided in paragraph (2) of this



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1subsection, in all actions for the violation of any township
2ordinance, township enforcement officers shall be authorized
3to issue and to serve upon any person who the township
4enforcement officer has reasonable grounds to believe is guilty
5of a violation of a township ordinance a notice of violation
6that shall constitute a summons and complaint. A copy of such
7notice of violation shall be forwarded to the circuit court
8having jurisdiction over the township where the violation is
9alleged to have been committed. Every person who has been
10issued a summons shall appear for trial, and the action shall
11be prosecuted in the corporate name of the township.
12Enforcement of county ordinances shall be in accordance with
13procedures adopted by the county and any applicable State law.
14    (2) In all actions for violation of any township ordinance
15when the fine would not be in excess of $500 and no jail term
16could be imposed, service of summons may be made by the
17township clerk by certified mail, return receipt requested,
18whether service is to be within or without the State.
19    (e) The township enforcement officers shall carry
20identification documents provided by the township board
21identifying him or her as a township enforcement officer. The
22officers shall notify the township clerk of any violations of
23township ordinances.
24    (f) Nothing in this Code precludes a county auxiliary
25deputy or deputy sheriff, or a municipal policeman or auxiliary
26police officer from serving as a township enforcement officer



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1during off-duty hours.
2    (g) The township board may provide compensation for the
3township enforcement officer on either a per diem or a salary
5    (h) (Blank).
6(Source: P.A. 97-330, eff. 8-12-11.)