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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1039 Introduced , by Rep. Michael J. Madigan 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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| | HB1039 | | LRB101 03251 AWJ 48259 b |
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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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| | HB1039 | - 2 - | LRB101 03251 AWJ 48259 b |
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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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| | HB1039 | - 3 - | LRB101 03251 AWJ 48259 b |
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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 |