Bill Text: IL HB1031 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Township Code. Makes a technical change in a Section concerning the office of the township enforcement officer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB1031 Detail]
Download: Illinois-2019-HB1031-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Township Code is amended by changing Section | |||||||||||||||||||
5 | 100-10 as follows:
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6 | (60 ILCS 1/100-10)
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7 | Sec. 100-10. Township enforcement officer.
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8 | (a) The
The township board may appoint one or more township | |||||||||||||||||||
9 | enforcement officers to serve
for a term of one year and may | |||||||||||||||||||
10 | remove an officer with or without cause. Every person
appointed | |||||||||||||||||||
11 | to the office of township enforcement officer, before entering | |||||||||||||||||||
12 | on the
duties of the office and within 10 days after being | |||||||||||||||||||
13 | notified of the
appointment, shall cause to be filed in the | |||||||||||||||||||
14 | office of the township clerk a
notice signifying his or her | |||||||||||||||||||
15 | acceptance of the office. A neglect to cause the
notice to be | |||||||||||||||||||
16 | filed shall be deemed a refusal to serve. | |||||||||||||||||||
17 | (b) The sheriff of the county in which the township is | |||||||||||||||||||
18 | situated may
disapprove any such appointment within 30 days | |||||||||||||||||||
19 | after the notice is filed. The
disapproval precludes that | |||||||||||||||||||
20 | person from serving as a township enforcement
officer, and the | |||||||||||||||||||
21 | township board may appoint another person
to that position
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22 | subject to approval by the sheriff.
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23 | (c) Every person appointed to the office of township |
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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 | ||||||
6 | and every person who
may be entitled thereto all sums of money | ||||||
7 | as the township enforcement officer
may become liable to pay on | ||||||
8 | 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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10 | enforcement officer in the discharge of, or failure to | ||||||
11 | faithfully perform, any
of the duties of the office.
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12 | (d) The township enforcement officers shall have the same | ||||||
13 | power and authority
within the township as a deputy sheriff but | ||||||
14 | only for the purpose of enforcing
township ordinances. | ||||||
15 | Notwithstanding any other provisions of this Section, township | ||||||
16 | enforcement officers are authorized to enforce county | ||||||
17 | ordinances within areas of a county located within the township | ||||||
18 | pursuant to intergovernmental agreements between the | ||||||
19 | respective county and township to the extent authorized by the | ||||||
20 | agreement. The township enforcement officer shall not carry | ||||||
21 | firearms
and will not be required to comply with the Peace | ||||||
22 | Officer and Probation Officer Firearm Training Act.
The officer | ||||||
23 | shall attend law enforcement training classes conducted by the
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24 | Illinois Law Enforcement Training Standards Board. The | ||||||
25 | township board
shall appropriate all necessary monies for the | ||||||
26 | training.
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1 | (d-5) (1) Except as provided in paragraph (2) of this | ||||||
2 | subsection, in all
actions for the violation of any township | ||||||
3 | ordinance, township enforcement
officers shall be authorized | ||||||
4 | to issue and to serve upon any person who the
township | ||||||
5 | enforcement officer has reasonable grounds to believe is guilty | ||||||
6 | of a
violation of a township ordinance a notice of violation | ||||||
7 | that shall constitute
a summons and complaint. A copy of such | ||||||
8 | notice of violation shall be forwarded
to the circuit court | ||||||
9 | having jurisdiction over the township where the violation
is | ||||||
10 | alleged to have been committed. Every person who has been | ||||||
11 | issued a summons
shall appear for trial, and the action shall | ||||||
12 | be prosecuted in the corporate
name of the township. | ||||||
13 | Enforcement of county ordinances shall be in accordance with | ||||||
14 | procedures adopted by the county and any applicable State law.
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15 | (2) In all actions for violation of any township ordinance | ||||||
16 | when the fine
would not be in excess of $500 and no jail term | ||||||
17 | could be imposed, service of
summons may be made by the | ||||||
18 | township clerk by certified mail, return receipt
requested, | ||||||
19 | whether service is to be within or without the State.
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20 | (e) The township enforcement officers shall carry | ||||||
21 | identification documents
provided by the township board | ||||||
22 | identifying him or her as a township
enforcement officer. The | ||||||
23 | officers shall notify the township clerk of any
violations of | ||||||
24 | township ordinances.
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25 | (f) Nothing in this Code precludes a county auxiliary | ||||||
26 | deputy or deputy
sheriff, or a municipal policeman or auxiliary |
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1 | police officer from serving as a
township enforcement officer | ||||||
2 | during off-duty hours.
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3 | (g) The township board may provide compensation for the | ||||||
4 | township enforcement
officer on either a per diem or a salary | ||||||
5 | basis.
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6 | (h) (Blank).
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7 | (Source: P.A. 97-330, eff. 8-12-11; 98-725, eff. 1-1-15 .)
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