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Full Text of HB3847  100th General Assembly

HB3847 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3847

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/2-72 new
35 ILCS 200/3-40
55 ILCS 5/3-10007  from Ch. 34, par. 3-10007
55 ILCS 5/4-6001  from Ch. 34, par. 4-6001
55 ILCS 5/4-6002  from Ch. 34, par. 4-6002
55 ILCS 5/4-6003  from Ch. 34, par. 4-6003
55 ILCS 5/4-8002  from Ch. 34, par. 4-8002
705 ILCS 105/27.3  from Ch. 25, par. 27.3
30 ILCS 805/8.41 new

    Amends the Property Tax Code, the Counties Code, and the Clerks of Courts Act. Provides that, on or after the effective date of the amendatory Act, stipends using moneys received from the State will not be paid to township assessors and to elected supervisors of assessments, county treasurers, county coroners, county recorders, county auditors, sheriffs, and clerks of the circuit court. Amends the State Mandates Act to require implementation without reimbursement.


LRB100 10643 AWJ 20866 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3847LRB100 10643 AWJ 20866 b

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 Property Tax Code is amended by changing
5Section 3-40 and by adding Section 2-72 as follows:
 
6    (35 ILCS 200/2-72 new)
7    Sec. 2-72. Stipends from the State. On and after the
8effective date of this amendatory Act of the 100th General
9Assembly, a township assessor or multi-township assessor shall
10not receive any stipend from the State.
 
11    (35 ILCS 200/3-40)
12    Sec. 3-40. Compensation of supervisors of assessments.
13    (a) A supervisor of assessments shall receive annual
14compensation in an amount fixed by the county board subject to
15the following minimum amounts:
16        In counties with less than 14,000 inhabitants, not less
17    than $7,500;
18        In counties with 14,000 or more but less than 30,000
19    inhabitants, not less than $8,000;
20        In counties with 30,000 or more but less than 60,000
21    inhabitants, not less than $9,000;
22        In counties with 60,000 or more but less than 100,000

 

 

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1    inhabitants, not less than $10,000;
2        In counties with 100,000 or more but less than 200,000
3    inhabitants, not less than $11,500;
4        In counties with 200,000 or more but less than 300,000
5    inhabitants, not less than $13,000;
6        In counties with 300,000 or more but less than
7    1,000,000 inhabitants, not less than $15,000.
8For purposes of this subsection, the number of inhabitants
9shall be determined by the latest Federal decennial or special
10census of the county.
11    (b) Elected supervisors of assessments who began a term of
12office before December 1, 1990 shall be compensated at the rate
13of their base salary. "Base salary" is the compensation paid
14for their position before July 1, 1989.
15    (c) Elected supervisors of assessments beginning a term of
16office on or after December 1, 1990 shall, beginning December
171, 1993, receive their base salary plus at least 12% of base
18salary.
19    Any supervisor of assessments who has been presented a
20Certified Assessing Evaluator Certificate by the International
21Association of Assessing Officers shall receive an additional
22compensation of $500 per year to be paid out of funds
23appropriated to the Department from the Personal Property Tax
24Replacement Fund. Notwithstanding any other provision of law,
25on or after the effective date of this amendatory Act of the
26100th General Assembly, an elected supervisor of assessments

 

 

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1shall not receive a stipend.
2    The salary set by the county board shall be paid in equal
3monthly installments out of the treasury of the county in which
4he or she is appointed or elected. If the Department has
5determined that the total assessed value of property in a
6county, as equalized by the supervisor of assessments under
7Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
8cash value of property in the county, subject to appropriation,
9the Department shall reimburse the county monthly from the
10Personal Property Tax Replacement Fund 50% of the amount of
11salary the county paid to the officer for the preceding month.
12    The county board shall provide necessary office space for
13the officer and pay all necessary expenses of the office out of
14the county treasury.
15    Each supervisor of assessments may, with the advice and
16consent of the county board, appoint necessary deputies and
17clerks, their compensation to be fixed by the county board and
18paid by the county.
19(Source: P.A. 97-72, eff. 7-1-11.)
 
20    Section 10. The Counties Code is amended by changing
21Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
22follows:
 
23    (55 ILCS 5/3-10007)  (from Ch. 34, par. 3-10007)
24    Sec. 3-10007. Annual stipend. In addition to all other

 

 

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1compensation provided by law, every elected county treasurer,
2for additional duties mandated by State law, shall receive an
3annual stipend of (i) $5,000 if his or her term begins before
4December 1, 1998, (ii) $5,500 after December 1, 1998 and $6,500
5after December 1, 1999 if his or her term begins on or after
6December 1, 1998 but before December 1, 2000, and (iii) $6,500
7if his or her term begins December 1, 2000 or thereafter, to be
8annually appropriated from the Personal Property Tax
9Replacement Fund by the General Assembly to the Department of
10Revenue which shall distribute the awards in annual lump sum
11payments to every elected county treasurer. Notwithstanding
12any other provision of law, on or after the effective date of
13this amendatory Act of the 100th General Assembly, an elected
14county treasurer shall not receive a stipend. This annual
15stipend shall not affect any other compensation provided by law
16to be paid to elected county treasurers. No county board may
17reduce or otherwise impair the compensation payable from county
18funds to an elected county treasurer if such reduction or
19impairment is the result of his receiving an annual stipend
20under this Section.
21(Source: P.A. 97-72, eff. 7-1-11.)
 
22    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
23    Sec. 4-6001. Officers in counties of less than 2,000,000.
24    (a) In all counties of less than 2,000,000 inhabitants, the
25compensation of Coroners, County Treasurers, County Clerks,

 

 

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1Recorders and Auditors shall be determined under this Section.
2The County Board in those counties shall fix the amount of the
3necessary clerk hire, stationery, fuel and other expenses of
4those officers. The compensation of those officers shall be
5separate from the necessary clerk hire, stationery, fuel and
6other expenses, and such compensation (except for coroners in
7those counties with less than 2,000,000 population in which the
8coroner's compensation is set in accordance with Section
94-6002) shall be fixed within the following limits:
10    To each such officer in counties containing less than
1114,000 inhabitants, not less than $13,500 per annum.
12    To each such officer in counties containing 14,000 or more
13inhabitants, but less than 30,000 inhabitants, not less than
14$14,500 per annum.
15    To each such officer in counties containing 30,000 or more
16inhabitants but less than 60,000 inhabitants, not less than
17$15,000 per annum.
18    To each such officer in counties containing 60,000 or more
19inhabitants but less than 100,000 inhabitants, not less than
20$15,000 per annum.
21    To each such officer in counties containing 100,000 or more
22inhabitants but less than 200,000 inhabitants, not less than
23$16,500 per annum.
24    To each such officer in counties containing 200,000 or more
25inhabitants but less than 300,000 inhabitants, not less than
26$18,000 per annum.

 

 

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1    To each such officer in counties containing 300,000 or more
2inhabitants but less than 2,000,000 inhabitants, not less than
3$20,000 per annum.
4    (b) Those officers beginning a term of office before
5December 1, 1990 shall be compensated at the rate of their base
6salary. "Base salary" is the compensation paid for each of
7those offices, respectively, before July 1, 1989.
8    (c) Those officers beginning a term of office on or after
9December 1, 1990 shall be compensated as follows:
10        (1) Beginning December 1, 1990, base salary plus at
11    least 3% of base salary.
12        (2) Beginning December 1, 1991, base salary plus at
13    least 6% of base salary.
14        (3) Beginning December 1, 1992, base salary plus at
15    least 9% of base salary.
16        (4) Beginning December 1, 1993, base salary plus at
17    least 12% of base salary.
18    (d) In addition to but separate and apart from the
19compensation provided in this Section, the county clerk of each
20county, the recorder of each county, and the chief clerk of
21each county board of election commissioners shall receive an
22award as follows:
23        (1) $4,500 per year after January 1, 1998;
24        (2) $5,500 per year after January 1, 1999; and
25        (3) $6,500 per year after January 1, 2000.
26The total amount required for such awards each year shall be

 

 

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1appropriated by the General Assembly to the State Board of
2Elections which shall distribute the awards in annual lump sum
3payments to the several county clerks, recorders, and chief
4election clerks. Beginning December 1, 1990, this annual award,
5and any other award or stipend paid out of State funds to
6county officers, shall not affect any other compensation
7provided by law to be paid to county officers. Notwithstanding
8any other provision of law, on or after the effective date of
9this amendatory Act of the 100th General Assembly, elected
10county officers shall not receive a stipend.
11    (e) Beginning December 1, 1990, no county board may reduce
12or otherwise impair the compensation payable from county funds
13to a county officer if the reduction or impairment is the
14result of the county officer receiving an award or stipend
15payable from State funds.
16    (f) The compensation, necessary clerk hire, stationery,
17fuel and other expenses of the county auditor, as fixed by the
18county board, shall be paid by the county.
19    (g) The population of all counties for the purpose of
20fixing compensation, as herein provided, shall be based upon
21the last Federal census immediately previous to the election of
22the officer in question in each county.
23    (h) With respect to an auditor who takes office on or after
24the effective date of this amendatory Act of the 95th General
25Assembly, the auditor shall receive an annual stipend of $6,500
26per year. The General Assembly shall appropriate the total

 

 

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1amount required for the stipend each year from the Personal
2Property Tax Replacement Fund to the Department of Revenue, and
3the Department of Revenue shall distribute the awards in an
4annual lump sum payment to each county auditor. The stipend
5shall be in addition to, but separate and apart from, the
6compensation provided in this Section. Notwithstanding any
7other provision of law, on or after the effective date of this
8amendatory Act of the 100th General Assembly, elected county
9auditors shall not receive a stipend. No county board may
10reduce or otherwise impair the compensation payable from county
11funds to the auditor if the reduction or impairment is the
12result of the auditor receiving an award or stipend pursuant to
13this subsection.
14(Source: P.A. 97-72, eff. 7-1-11.)
 
15    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
16    Sec. 4-6002. Coroners in counties of less than 2,000,000.
17    (a) The County Board, in all counties of less than
182,000,000 inhabitants, shall fix the compensation of Coroners
19within the limitations fixed by this Division, and shall
20appropriate for their necessary clerk hire, stationery, fuel,
21supplies, and other expenses. The compensation of the Coroner
22shall be fixed separately from his necessary clerk hire,
23stationery, fuel and other expenses, and such compensation
24shall be fixed within the following limits:
25    To each Coroner in counties containing less than 5,000

 

 

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1inhabitants, not less than $4,500 per annum.
2    To each Coroner in counties containing 5,000 or more
3inhabitants but less than 14,000 inhabitants, not less than
4$6,000 per annum.
5    To each Coroner in counties containing 14,000 or more
6inhabitants, but less than 30,000 inhabitants, not less than
7$9,000 per annum.
8    To each Coroner in counties containing 30,000 or more
9inhabitants, but less than 60,000 inhabitants, not less than
10$14,000 per annum.
11    To each Coroner in counties containing 60,000 or more
12inhabitants, but less than 100,000 inhabitants, not less than
13$15,000 per annum.
14    To each Coroner in counties containing 100,000 or more
15inhabitants, but less than 200,000 inhabitants, not less than
16$16,500 per annum.
17    To each Coroner in counties containing 200,000 or more
18inhabitants, but less than 300,000 inhabitants, not less than
19$18,000 per annum.
20    To each Coroner in counties containing 300,000 or more
21inhabitants, but less than 2,000,000 inhabitants, not less than
22$20,000 per annum.
23    The population of all counties for the purpose of fixing
24compensation, as herein provided, shall be based upon the last
25Federal census immediately previous to the election of the
26Coroner in question in each county. This Section does not apply

 

 

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1to a county which has abolished the elective office of coroner.
2    (b) Those coroners beginning a term of office on or after
3December 1, 1990 shall be compensated as follows:
4        (1) Beginning December 1, 1990, base salary plus at
5    least 3% of base salary.
6        (2) Beginning December 1, 1991, base salary plus at
7    least 6% of base salary.
8        (3) Beginning December 1, 1992, base salary plus at
9    least 9% of base salary.
10        (4) Beginning December 1, 1993, base salary plus at
11    least 12% of base salary.
12    "Base salary", as used in this subsection (b), means the
13salary in effect before July 1, 1989.
14    (c) In addition to, but separate and apart from, the
15compensation provided in this Section, subject to
16appropriation, the coroner of each county shall receive an
17annual stipend of $6,500 to be paid by the Illinois Department
18of Revenue out of the Personal Property Tax Replacement Fund if
19his or her term begins on or after December 1, 2000.
20Notwithstanding any other provision of law, on or after the
21effective date of this amendatory Act of the 100th General
22Assembly, elected coroners shall not receive a stipend.
23(Source: P.A. 97-72, eff. 7-1-11.)
 
24    (55 ILCS 5/4-6003)  (from Ch. 34, par. 4-6003)
25    Sec. 4-6003. Compensation of sheriffs for certain expenses

 

 

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1in counties of less than 2,000,000.
2    (a) The County Board, in all counties of less than
32,000,000 inhabitants, shall fix the compensation of sheriffs,
4with the amount of their necessary clerk hire, stationery, fuel
5and other expenses. The county shall supply the sheriff with
6all necessary uniforms, guns and ammunition. The compensation
7of each such officer shall be fixed separately from his
8necessary clerk hire, stationery, fuel and other expenses.
9Beginning immediately, no county with a population under
102,000,000 may reduce the rate of compensation of its sheriff
11below the rate of compensation that it was actually paying to
12its sheriff on January 1, 2002 or the effective date of this
13amendatory Act of the 92nd General Assembly, whichever is
14greater.
15    (b) In addition to the requirement of subsection (a), the
16rate of compensation payable to the sheriff by the county shall
17not be less than the following:
18    To each such sheriff in counties containing less than
1910,000 inhabitants, not less than $27,000 per annum.
20    To each such sheriff in counties containing 10,000 or more
21inhabitants but less than 20,000 inhabitants, not less than
22$31,000 per annum.
23    To each such sheriff in counties containing 20,000 or more
24inhabitants but less than 30,000 inhabitants, not less than
25$34,000 per annum.
26    To each such sheriff in counties containing 30,000 or more

 

 

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1inhabitants but less than 60,000 inhabitants, not less than
2$37,000 per annum.
3    To each such sheriff in counties containing 60,000 or more
4inhabitants but less than 100,000 inhabitants, not less than
5$40,000 per annum.
6    To each such sheriff in counties containing 100,000 or more
7inhabitants but less than 2,000,000 inhabitants, not less than
8$43,000 per annum.
9    The population of each county for the purpose of fixing
10compensation as herein provided, shall be based upon the last
11federal census immediately previous to the election of the
12sheriff in question in such county.
13    (c) (Blank).
14    (d) In addition to the salary provided for in subsections
15(a), (b), and (c), beginning December 1, 1998, subject to
16appropriation, each sheriff, for his or her additional duties
17imposed by other statutes or laws, shall receive an annual
18stipend to be paid by the Illinois Department of Revenue out of
19the Personal Property Tax Replacement Fund in the amount of
20$6,500. Notwithstanding any other provision of law, on or after
21the effective date of this amendatory Act of the 100th General
22Assembly, an elected sheriff shall not receive a stipend.
23    (e) No county board may reduce or otherwise impair the
24compensation payable from county funds to a sheriff if the
25reduction or impairment is the result of the sheriff receiving
26an award or stipend payable from State funds.

 

 

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1(Source: P.A. 97-72, eff. 7-1-11.)
 
2    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
3    Sec. 4-8002. Additional compensation of sheriff and
4recorder.
5    (a) In addition to any salary otherwise provided by law,
6beginning December 1, 1998, subject to appropriation, the
7sheriff of Cook County for his or her additional duties imposed
8by other statutes or laws shall receive an annual stipend to be
9paid by the Illinois Department of Revenue out of the Personal
10Property Tax Replacement Fund in the amount of $6,500.
11Notwithstanding any other provision of law, on or after the
12effective date of this amendatory Act of the 100th General
13Assembly, the Cook County Sheriff shall not receive a stipend.
14The county board shall not reduce or otherwise impair the
15compensation payable from county funds to the sheriff if the
16reduction or impairment is the result of the sheriff receiving
17a stipend payable from State funds.
18    (b) In addition to any salary otherwise provided by law,
19beginning December 1, 2000, subject to appropriation, the
20recorder of deeds of Cook County for his or her additional
21duties imposed by law shall receive an annual stipend to be
22paid by the State in an amount equal to the stipend paid to
23each recorder in other counties under subsection (d) of Section
244-6001 of this Code. Notwithstanding any other provision of
25law, on or after the effective date of this amendatory Act of

 

 

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1the 100th General Assembly, the Cook County Recorder of Deeds
2shall not receive a stipend. The county board may not reduce or
3otherwise impair the compensation payable from county funds to
4the recorder of deeds if the reduction or impairment is the
5result of the recorder of deeds receiving a stipend payable
6from State funds.
7(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 
8    Section 15. The Clerks of Courts Act is amended by changing
9Section 27.3 as follows:
 
10    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
11    Sec. 27.3. Compensation.
12    (a) The county board shall provide the compensation of
13Clerks of the Circuit Court, and the amount necessary for clerk
14hire, stationery, fuel and other expenses. Beginning December
151, 1989, the compensation per annum for Clerks of the Circuit
16Court shall be as follows:
17    In counties where the population is:
18Less than 14,000.......................at least $13,500
1914,001-30,000..........................at least $14,500
2030,001-60,000..........................at least $15,000
2160,001-100,000.........................at least $15,000
22100,001-200,000........................at least $16,500
23200,001-300,000........................at least $18,000
24300,001- 3,000,000.....................at least $20,000

 

 

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1Over 3,000,000.........................at least $55,000
2    (b) In counties in which the population is 3,000,000 or
3less, "base salary" is the compensation paid for each Clerk of
4the Circuit Court, respectively, before July 1, 1989.
5    (c) The Clerks of the Circuit Court, in counties in which
6the population is 3,000,000 or less, shall be compensated as
7follows:
8        (1) Beginning December 1, 1989, base salary plus at
9    least 3% of base salary.
10        (2) Beginning December 1, 1990, base salary plus at
11    least 6% of base salary.
12        (3) Beginning December 1, 1991, base salary plus at
13    least 9% of base salary.
14        (4) Beginning December 1, 1992, base salary plus at
15    least 12% of base salary.
16    (d) In addition to the compensation provided by the county
17board, each Clerk of the Circuit Court shall receive an award
18from the State for the additional duties imposed by Sections
195-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
2010 of the Violent Crime Victims Assistance Act, Section 16-104a
21of the Illinois Vehicle Code, and other laws, in the following
22amount:
23    (1) $3,500 per year before January 1, 1997.
24    (2) $4,500 per year beginning January 1, 1997.
25    (3) $5,500 per year beginning January 1, 1998.
26    (4) $6,500 per year beginning January 1, 1999.

 

 

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1The total amount required for such awards shall be appropriated
2each year by the General Assembly to the Supreme Court, which
3shall distribute such awards in annual lump sum payments to the
4Clerks of the Circuit Court in all counties. Notwithstanding
5any other provision of law, on or after the effective date of
6this amendatory Act of the 100th General Assembly, elected
7Clerks of the Circuit Court shall not receive a stipend. This
8annual award, and any other award or stipend paid out of State
9funds to the Clerks of the Circuit Court, shall not affect any
10other compensation provided by law to be paid to Clerks of the
11Circuit Court.
12    (e) (Blank).
13    (f) No county board may reduce or otherwise impair the
14compensation payable from county funds to a Clerk of the
15Circuit Court if the reduction or impairment is the result of
16the Clerk of the Circuit Court receiving an award or stipend
17payable from State funds.
18(Source: P.A. 98-24, eff. 6-19-13.)
 
19    Section 90. The State Mandates Act is amended by adding
20Section 8.41 as follows:
 
21    (30 ILCS 805/8.41 new)
22    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
23of this Act, no reimbursement by the State is required for the
24implementation of any mandate created by this amendatory Act of

 

 

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1the 100th General Assembly.