| 
 |  | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1225   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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 |  | HB1225 |  | LRB100 02926 AWJ 12931 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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 |  | HB1225 | - 2 - | LRB100 02926 AWJ 12931 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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| 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  |