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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
TOWNSHIPS (60 ILCS 1/) Township Code. 60 ILCS 1/90-20
(60 ILCS 1/90-20)
Sec. 90-20.
Application to new township.
Whenever, by the annexation of new
territory or otherwise, any new or additional township comes to lie wholly
within the boundaries of any city to which this Article applies, all the
provisions of this Article shall at once apply to that township.
(Source: Laws 1901, p. 314; P.A. 88-62.)
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60 ILCS 1/90-25
(60 ILCS 1/90-25)
Sec. 90-25.
Election to adopt Article.
(a) The electors of a township described in Section 90-5 may adopt and
become entitled to the benefits of this Article as provided in this Section.
(b) Whenever 1,000 of the legal voters of the township who voted at the
preceding election petition the circuit court for the county in which the
township is located to submit to a vote of the electors of the township the
proposition whether the township and the electors of it shall adopt and become
entitled to the benefits of this Article, the court shall consider the petition
and enter appropriate orders in accordance with the general election law. If
the petition is found sufficient and the court orders the referendum, the clerk
of the circuit court shall certify the proposition and the court order to the
proper election officials, who shall submit the proposition at an election in
accordance with the general election law.
(c) An election under this Article shall be conducted
in accordance with the general election law. If a majority of the votes cast
upon the proposition are for the proposition, this Article shall thereby be
adopted by the township, and the mayor of the city shall promptly issue a
proclamation declaring this Article in force in the township.
(d) If the proposition is not adopted at the election, it shall, upon a
similar petition, be submitted to a vote of the electors of the township by the
court at any subsequent general State, county, city, or township election. An
order shall be entered of record in the court submitting the proposition as
provided in this Section.
(Source: P.A. 81-1489; 84-1308; 88-62 .)
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60 ILCS 1/90-30
(60 ILCS 1/90-30)
Sec. 90-30.
Application.
Notwithstanding any provisions of this Article to
the contrary, this Article has no application to the office of township
assessor in townships described in this Article that are situated in counties
of 500,000 or more.
(Source: Laws 1947, p. 1733; P.A. 88-62.)
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60 ILCS 1/Art. 95
(60 ILCS 1/Art. 95 heading)
ARTICLE 95.
LEGAL PROCEEDINGS IN FAVOR OF
AND AGAINST TOWNSHIPS
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60 ILCS 1/95-5
(60 ILCS 1/95-5)
Sec. 95-5.
Civil action.
Whenever any controversy or cause of action exists
between any townships of this State or between any township and an individual
or corporation, the proceedings may be had in civil actions for the purpose of
trying and finally settling the controversy. The proceedings may be conducted
in the same manner, and the judgment or order in the proceedings shall have the
same effect, as in other civil actions or proceedings of a similar kind between
individuals and corporations. All process shall be served by leaving a copy of
the process with the township supervisor.
(Source: P.A. 83-346; 88-62.)
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60 ILCS 1/95-10
(60 ILCS 1/95-10)
Sec. 95-10.
Suit in township name.
In all suits or proceedings, the township
shall sue and be sued by its name, except where township officers are
authorized by law to sue in their name of office for the benefit of the
township.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/95-15
(60 ILCS 1/95-15)
Sec. 95-15.
Witnesses and jurors.
On the trial of every action in which the
township is a party or interested, the electors and inhabitants of the township
shall be competent witnesses and jurors, except that in suits and proceedings
by one township against another, no inhabitant of either township shall be a
juror.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/95-20
(60 ILCS 1/95-20)
Sec. 95-20.
Township common property.
Whenever, by any order or decision in
any civil action or proceeding brought to settle any controversy concerning
township commons or other lands or the common property of a township, or for
the partition of township lands, the right of any township is settled and
confirmed, the court in which the proceedings are had may partition the lands
according to the rights of the parties.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/95-25
(60 ILCS 1/95-25)
Sec. 95-25.
Costs.
In all suits or proceedings prosecuted by or against
township officers in their name of office, costs shall be recovered as in
similar cases between individuals. Judgments recovered against a township or
against township officers in actions prosecuted by or against them in their
name of office shall be a township charge and when collected shall be paid to
the person or persons to whom the judgment was awarded.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/95-30
(60 ILCS 1/95-30)
Sec. 95-30.
Tort immunity.
Civil actions against a township or township
employee shall be subject to the Local Governmental and Governmental Employees
Tort Immunity Act.
(Source: P.A. 88-62.)
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60 ILCS 1/Art. 100
(60 ILCS 1/Art. 100 heading)
ARTICLE 100.
TOWNSHIP EMPLOYEES
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60 ILCS 1/100-5
(60 ILCS 1/100-5)
Sec. 100-5.
Township attorney and other employees; compensation.
(a) The township board may employ and fix the compensation of township
employees that the board deems necessary, excluding the employees of the
offices of supervisor of general assistance, township collector, and township
assessor. The township board shall fix the compensation of a township
attorney appointed by the township supervisor under Section 70-37. The
township attorney shall not be considered a township employee for purposes of
the first sentence of this subsection.
(b) The board shall set and adopt rules concerning all benefits available to
employees of the board if the board employs 5 or more employees. The rules
shall include, without limitation, the following benefits to the extent they
are applicable: insurance coverage, compensation, overtime pay, compensatory
time off, holidays, vacations, sick leave, and maternity leave. The rules shall
be adopted and filed with the township clerk within 6 months after July 1,
1992. Amendments to the rules shall be filed with the township clerk on or
before their effective date.
(c) Unless otherwise provided and if approved by the highway commissioner,
the township board of trustees may employ and fix the compensation of a
separate township attorney who shall represent the highway commissioner. Such
compensation shall be paid out of the township road fund.
(Source: P.A. 90-190, eff. 7-24-97.)
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60 ILCS 1/100-10
(60 ILCS 1/100-10)
Sec. 100-10. Township enforcement officer.
(a) The township board may appoint one or more township enforcement officers to serve
for a term of one year and may remove an officer with or without cause. Every person
appointed to the office of township enforcement officer, before entering on the
duties of the office and within 10 days after being notified of the
appointment, shall cause to be filed in the office of the township clerk a
notice signifying his or her acceptance of the office. A neglect to cause the
notice to be filed shall be deemed a refusal to serve.
(b) The sheriff of the county in which the township is situated may
disapprove any such appointment within 30 days after the notice is filed. The
disapproval precludes that person from serving as a township enforcement
officer, and the township board may appoint another person
to that position
subject to approval by the sheriff.
(c) Every person appointed to the office of township enforcement officer,
before entering upon the duties of the office, shall execute, with sufficient
sureties to be approved by the supervisor or clerk of the township, an
instrument in writing by which the township enforcement officer and his or her
sureties shall jointly and severally agree to pay to each and every person who
may be entitled thereto all sums of money as the township enforcement officer
may become liable to pay on account of any neglect or default of the township
enforcement officer or on account of any misfeasance of the township
enforcement officer in the discharge of, or failure to faithfully perform, any
of the duties of the office.
(d) The township enforcement officers shall have the same power and authority
within the township as a deputy sheriff but only for the purpose of enforcing
township ordinances. Notwithstanding any other provisions of this Section, township enforcement officers are authorized to enforce county ordinances within areas of a county located within the township pursuant to intergovernmental agreements between the respective county and township to the extent authorized by the agreement. The township enforcement officer shall not carry firearms
and will not be required to comply with the Peace Officer and Probation Officer Firearm Training Act.
The officer shall attend law enforcement training classes conducted by the
Illinois Law Enforcement Training Standards Board. The township board
shall appropriate all necessary monies for the training.
(d-5) (1) Except as provided in paragraph (2) of this subsection, in all
actions for the violation of any township ordinance, township enforcement
officers shall be authorized to issue and to serve upon any person who the
township enforcement officer has reasonable grounds to believe is guilty of a
violation of a township ordinance a notice of violation that shall constitute
a summons and complaint. A copy of such notice of violation shall be forwarded
to the circuit court having jurisdiction over the township where the violation
is alleged to have been committed. Every person who has been issued a summons
shall appear for trial, and the action shall be prosecuted in the corporate
name of the township. Enforcement of county ordinances shall be in accordance with procedures adopted by the county and any applicable State law.
(2) In all actions for violation of any township ordinance when the fine
would not be in excess of $500 and no jail term could be imposed, service of
summons may be made by the township clerk by certified mail, return receipt
requested, whether service is to be within or without the State.
(e) The township enforcement officers shall carry identification documents
provided by the township board identifying him or her as a township
enforcement officer. The officers shall notify the township clerk of any
violations of township ordinances.
(f) Nothing in this Code precludes a county auxiliary deputy or deputy
sheriff, or a municipal policeman or auxiliary police officer from serving as a
township enforcement officer during off-duty hours.
(g) The township board may provide compensation for the township enforcement
officer on either a per diem or a salary basis.
(h) (Blank).
(Source: P.A. 97-330, eff. 8-12-11; 98-725, eff. 1-1-15 .)
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60 ILCS 1/100-10.5
(60 ILCS 1/100-10.5)
Sec. 100-10.5.
Summons; violation of township ordinances.
In a township
that does not have a township enforcement officer appointed under Section
100-10, and the township board has contracted with the county sheriff or one or
more municipalities to furnish police protection in an unincorporated area of
the township as provided in Sections 30-150, 30-155, and 30-160, the county
sheriff or a peace officer of the municipal police department of a municipality
that has entered into the contract with the township board has the power to
issue summons for violations of township ordinances in the same manner as a
township enforcement officer under subsection (d-5) of Section 100-10.
(Source: P.A. 89-589, eff. 1-1-97.)
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60 ILCS 1/100-15
(60 ILCS 1/100-15)
Sec. 100-15.
Group insurance.
In addition to any powers that it may
exercise under the Government Salary Withholding Act, the township board may
provide, for the benefit of the township's employees, officials,
or retired officials and their
dependents, group life, health, accident, hospital, or dental insurance or any
combination of those types of insurance. The insurance may include provision
for employees, officials, retired officials, and their dependents who rely
on treatment by prayer
or spiritual means alone for healing in accordance with the tenets and practice
of a well recognized religious denomination. The township board may provide
for payment by the township of all or a portion of the premium or charge for
the insurance for covered persons, except that the township may not pay all
or a portion of the premium or charge for the insurance for retired
officials and their dependents. If the township board undertakes a plan
under which the township does not pay the entire amount of premiums or charges
for the insurance, the board may provide for withholding and deducting from the
compensation of its employees or officers amounts required to pay the
balance of the premiums or charges.
(Source: P.A. 88-62; 89-326, eff. 1-1-96.)
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60 ILCS 1/100-20
(60 ILCS 1/100-20)
Sec. 100-20.
Prevailing wage.
The wages of laborers, mechanics,
and other workers employed in any public works by the township and the
wages of anyone under contracts for township public works shall be subject
to the Prevailing Wage Act.
(Source: P.A. 88-62.)
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60 ILCS 1/100-25 (60 ILCS 1/100-25) Sec. 100-25. Compliance with ITAP requirements. A township must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A township may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois.
(Source: P.A. 97-744, eff. 1-1-13.) |
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