HB0244 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0244

 

Introduced 1/29/2021, by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
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 805/8.45 new

    Amends the Property Tax Code, the Counties Code, and the Clerks of Courts Act. Makes changes to provisions concerning awards and stipends paid to supervisors of assessments, county treasurers, county coroners, county recorders, county auditors, sheriffs, and clerks of the circuit court to provide that: (1) in counties with a population under 100,000, those officials shall receive a full award or stipend amount; (2) in counties with a population of 100,000 or more but less than 400,000, those officials shall receive 50% of the award or stipend amount; and (3) in counties with a population of 400,000 or more, those officials shall receive no award or stipend. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB102 10039 AWJ 15359 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0244LRB102 10039 AWJ 15359 b

1    AN ACT concerning revenue.
 
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 as follows:
 
6    (35 ILCS 200/3-40)
7    Sec. 3-40. Compensation of supervisors of assessments.
8    (a) A supervisor of assessments shall receive annual
9compensation in an amount fixed by the county board subject to
10the following minimum amounts:
11        In counties with less than 14,000 inhabitants, not
12    less than $7,500;
13        In counties with 14,000 or more but less than 30,000
14    inhabitants, not less than $8,000;
15        In counties with 30,000 or more but less than 60,000
16    inhabitants, not less than $9,000;
17        In counties with 60,000 or more but less than 100,000
18    inhabitants, not less than $10,000;
19        In counties with 100,000 or more but less than 200,000
20    inhabitants, not less than $11,500;
21        In counties with 200,000 or more but less than 300,000
22    inhabitants, not less than $13,000;
23        In counties with 300,000 or more but less than

 

 

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1    1,000,000 inhabitants, not less than $15,000.
2For purposes of this subsection, the number of inhabitants
3shall be determined by the latest Federal decennial or special
4census of the county.
5    (b) Elected supervisors of assessments who began a term of
6office before December 1, 1990 shall be compensated at the
7rate of their base salary. "Base salary" is the compensation
8paid for their position before July 1, 1989.
9    (c) Elected supervisors of assessments beginning a term of
10office on or after December 1, 1990 shall, beginning December
111, 1993, receive their base salary plus at least 12% of base
12salary. Notwithstanding any other provision of law, elected
13supervisors of assessments in counties with a population of
14100,000 or more but less than 400,000 whose terms of office
15begins on or after the effective date of this amendatory Act of
16the 102nd General Assembly shall receive their base salary
17plus not more than 6% of base salary, and elected supervisors
18of assessments in counties with a population of 400,000 or
19more whose terms of office begin on or after the effective date
20of this amendatory Act of the 102nd General Assembly shall
21receive only their base salary.
22    Any supervisor of assessments who has been presented a
23Certified Assessing Evaluator Certificate by the International
24Association of Assessing Officers shall receive an additional
25compensation of $500 per year to be paid out of funds
26appropriated to the Department from the Personal Property Tax

 

 

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1Replacement Fund.
2    The salary set by the county board shall be paid in equal
3monthly installments out of the treasury of the county in
4which he 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
9appropriation, the Department shall reimburse the county
10monthly from the Personal Property Tax Replacement Fund 50% of
11the amount of salary the county paid to the officer for the
12preceding month.
13    The county board shall provide necessary office space for
14the officer and pay all necessary expenses of the office out of
15the county treasury.
16    Each supervisor of assessments may, with the advice and
17consent of the county board, appoint necessary deputies and
18clerks, their compensation to be fixed by the county board and
19paid by the county.
20(Source: P.A. 97-72, eff. 7-1-11.)
 
21    Section 10. The Counties Code is amended by changing
22Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
23follows:
 
24    (55 ILCS 5/3-10007)  (from Ch. 34, par. 3-10007)

 

 

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1    Sec. 3-10007. Annual stipend. In addition to all other
2compensation provided by law, every elected county treasurer,
3for additional duties mandated by State law, shall receive an
4annual stipend of (i) $5,000 if his or her term begins before
5December 1, 1998, (ii) $5,500 after December 1, 1998 and
6$6,500 after December 1, 1999 if his or her term begins on or
7after December 1, 1998 but before December 1, 2000, and (iii)
8$6,500 if his or her term begins December 1, 2000 or
9thereafter, to be annually appropriated from the Personal
10Property Tax Replacement Fund by the General Assembly to the
11Department of Revenue which shall distribute the awards in
12annual lump sum payments to every elected county treasurer.
13Notwithstanding any other provision of law, elected treasurers
14in counties with a population of 100,000 or more but less than
15400,000 whose terms of office begin on or after the effective
16date of this amendatory Act of the 102nd General Assembly
17shall receive 50% of the full stipend amount set forth in this
18subsection, and elected treasurers in counties with a
19population of 400,000 or more whose terms of office begin on or
20after the effective date of this amendatory Act of the 102nd
21General Assembly shall receive no stipend under this
22subsection. This annual stipend shall not affect any other
23compensation provided by law to be paid to elected county
24treasurers. No county board may reduce or otherwise impair the
25compensation payable from county funds to an elected county
26treasurer if such reduction or impairment is the result of his

 

 

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1receiving an annual stipend under this Section.
2(Source: P.A. 97-72, eff. 7-1-11.)
 
3    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
4    Sec. 4-6001. Officers in counties of less than 2,000,000.
5    (a) In all counties of less than 2,000,000 inhabitants,
6the compensation of Coroners, County Treasurers, County
7Clerks, Recorders and Auditors shall be determined under this
8Section. The County Board in those counties shall fix the
9amount of the necessary clerk hire, stationery, fuel and other
10expenses of those officers. The compensation of those officers
11shall be separate from the necessary clerk hire, stationery,
12fuel and other expenses, and such compensation (except for
13coroners in those counties with less than 2,000,000 population
14in which the coroner's compensation is set in accordance with
15Section 4-6002) shall be fixed within the following limits:
16    To each such officer in counties containing less than
1714,000 inhabitants, not less than $13,500 per annum.
18    To each such officer in counties containing 14,000 or more
19inhabitants, but less than 30,000 inhabitants, not less than
20$14,500 per annum.
21    To each such officer in counties containing 30,000 or more
22inhabitants but less than 60,000 inhabitants, not less than
23$15,000 per annum.
24    To each such officer in counties containing 60,000 or more
25inhabitants but less than 100,000 inhabitants, not less than

 

 

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1$15,000 per annum.
2    To each such officer in counties containing 100,000 or
3more inhabitants but less than 200,000 inhabitants, not less
4than $16,500 per annum.
5    To each such officer in counties containing 200,000 or
6more inhabitants but less than 300,000 inhabitants, not less
7than $18,000 per annum.
8    To each such officer in counties containing 300,000 or
9more inhabitants but less than 2,000,000 inhabitants, not less
10than $20,000 per annum.
11    (b) Those officers beginning a term of office before
12December 1, 1990 shall be compensated at the rate of their base
13salary. "Base salary" is the compensation paid for each of
14those offices, respectively, before July 1, 1989.
15    (c) Those officers beginning a term of office on or after
16December 1, 1990 shall be compensated as follows:
17        (1) Beginning December 1, 1990, base salary plus at
18    least 3% of base salary.
19        (2) Beginning December 1, 1991, base salary plus at
20    least 6% of base salary.
21        (3) Beginning December 1, 1992, base salary plus at
22    least 9% of base salary.
23        (4) Beginning December 1, 1993, base salary plus at
24    least 12% of base salary.
25Notwithstanding any other provision of law, those officers in
26counties with a population of 100,000 or more but less than

 

 

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1400,000 whose terms of office begins on or after the effective
2date of this amendatory Act of the 102nd General Assembly
3shall receive their base salary plus not more than 6% of base
4salary, and those officers in counties with a population of
5400,000 or more whose terms of office begin on or after the
6effective date of this amendatory Act of the 102nd General
7Assembly shall receive only their base salary.
8    (d) In addition to but separate and apart from the
9compensation provided in this Section, the county clerk of
10each county, the recorder of each county, and the chief clerk
11of each county board of election commissioners shall receive
12an award as follows:
13        (1) $4,500 per year after January 1, 1998;
14        (2) $5,500 per year after January 1, 1999; and
15        (3) $6,500 per year after January 1, 2000.
16The total amount required for such awards each year shall be
17appropriated by the General Assembly to the State Board of
18Elections which shall distribute the awards in annual lump sum
19payments to the several county clerks, recorders, and chief
20election clerks. Beginning December 1, 1990, this annual
21award, and any other award or stipend paid out of State funds
22to county officers, shall not affect any other compensation
23provided by law to be paid to county officers. Notwithstanding
24any other provision of law, county clerks, recorders, and
25chief election clerks in counties with a population of 100,000
26or more but less than 400,000 whose terms of office begin on or

 

 

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1after the effective date of this amendatory Act of the 102nd
2General Assembly shall receive 50% of the full award amount
3set forth in this subsection, and county clerks, recorders,
4and chief election clerks in counties with a population of
5400,000 or more whose terms of office begin on or after the
6effective date of this amendatory Act of the 102nd General
7Assembly shall receive no award under this subsection.
8    (e) Beginning December 1, 1990, no county board may reduce
9or otherwise impair the compensation payable from county funds
10to a county officer if the reduction or impairment is the
11result of the county officer receiving an award or stipend
12payable from State funds.
13    (f) The compensation, necessary clerk hire, stationery,
14fuel and other expenses of the county auditor, as fixed by the
15county board, shall be paid by the county.
16    (g) The population of all counties for the purpose of
17fixing compensation, as herein provided, shall be based upon
18the last Federal census immediately previous to the election
19of the officer in question in each county.
20    (h) With respect to an auditor who takes office on or after
21the effective date of this amendatory Act of the 95th General
22Assembly, the auditor shall receive an annual stipend of
23$6,500 per year. The General Assembly shall appropriate the
24total amount required for the stipend each year from the
25Personal Property Tax Replacement Fund to the Department of
26Revenue, and the Department of Revenue shall distribute the

 

 

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1awards in an annual lump sum payment to each county auditor.
2The stipend shall be in addition to, but separate and apart
3from, the compensation provided in this Section.
4Notwithstanding any other provision of law, county auditors in
5counties with a population of 100,000 or more but less than
6400,000 whose terms of office begin on or after the effective
7date of this amendatory Act of the 102nd General Assembly
8shall receive 50% of the full stipend amount set forth in this
9subsection, and county auditors in counties with a population
10of 400,000 or more whose terms of office begin on or after the
11effective date of this amendatory Act of the 102nd General
12Assembly shall receive no stipend under this subsection. No
13county board may reduce or otherwise impair the compensation
14payable from county funds to the auditor if the reduction or
15impairment is the result of the auditor receiving an award or
16stipend pursuant to this subsection.
17(Source: P.A. 97-72, eff. 7-1-11.)
 
18    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
19    Sec. 4-6002. Coroners in counties of less than 2,000,000.
20    (a) The County Board, in all counties of less than
212,000,000 inhabitants, shall fix the compensation of Coroners
22within the limitations fixed by this Division, and shall
23appropriate for their necessary clerk hire, stationery, fuel,
24supplies, and other expenses. The compensation of the Coroner
25shall be fixed separately from his necessary clerk hire,

 

 

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1stationery, fuel and other expenses, and such compensation
2shall be fixed within the following limits:
3    To each Coroner in counties containing less than 5,000
4inhabitants, not less than $4,500 per annum.
5    To each Coroner in counties containing 5,000 or more
6inhabitants but less than 14,000 inhabitants, not less than
7$6,000 per annum.
8    To each Coroner in counties containing 14,000 or more
9inhabitants, but less than 30,000 inhabitants, not less than
10$9,000 per annum.
11    To each Coroner in counties containing 30,000 or more
12inhabitants, but less than 60,000 inhabitants, not less than
13$14,000 per annum.
14    To each Coroner in counties containing 60,000 or more
15inhabitants, but less than 100,000 inhabitants, not less than
16$15,000 per annum.
17    To each Coroner in counties containing 100,000 or more
18inhabitants, but less than 200,000 inhabitants, not less than
19$16,500 per annum.
20    To each Coroner in counties containing 200,000 or more
21inhabitants, but less than 300,000 inhabitants, not less than
22$18,000 per annum.
23    To each Coroner in counties containing 300,000 or more
24inhabitants, but less than 2,000,000 inhabitants, not less
25than $20,000 per annum.
26    The population of all counties for the purpose of fixing

 

 

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1compensation, as herein provided, shall be based upon the last
2Federal census immediately previous to the election of the
3Coroner in question in each county. This Section does not
4apply to a county which has abolished the elective office of
5coroner.
6    (b) Those coroners beginning a term of office on or after
7December 1, 1990 shall be compensated as follows:
8        (1) Beginning December 1, 1990, base salary plus at
9    least 3% of base salary.
10        (2) Beginning December 1, 1991, base salary plus at
11    least 6% of base salary.
12        (3) Beginning December 1, 1992, base salary plus at
13    least 9% of base salary.
14        (4) Beginning December 1, 1993, base salary plus at
15    least 12% of base salary.
16    "Base salary", as used in this subsection (b), means the
17salary in effect before July 1, 1989.
18Notwithstanding any other provision of law, those coroners in
19counties with a population of 100,000 or more but less than
20400,000 whose terms of office begins on or after the effective
21date of this amendatory Act of the 102nd General Assembly
22shall receive their base salary plus not more than 6% of base
23salary, and those coroners in counties with a population of
24400,000 or more whose terms of office begin on or after the
25effective date of this amendatory Act of the 102nd General
26Assembly shall receive only their base salary.

 

 

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1    (c) In addition to, but separate and apart from, the
2compensation provided in this Section, subject to
3appropriation, the coroner of each county shall receive an
4annual stipend of $6,500 to be paid by the Illinois Department
5of Revenue out of the Personal Property Tax Replacement Fund
6if his or her term begins on or after December 1, 2000.
7Notwithstanding any other provision of law, coroners in
8counties with a population of 100,000 or more but less than
9400,000 whose terms of office begin on or after the effective
10date of this amendatory Act of the 102nd General Assembly
11shall receive 50% of the full stipend amount set forth in this
12subsection, and coroners in counties with a population of
13400,000 or more whose terms of office begin on or after the
14effective date of this amendatory Act of the 102nd General
15Assembly shall receive no stipend under this subsection.
16(Source: P.A. 97-72, eff. 7-1-11.)
 
17    (55 ILCS 5/4-6003)  (from Ch. 34, par. 4-6003)
18    Sec. 4-6003. Compensation of sheriffs for certain expenses
19in counties of less than 2,000,000.
20    (a) The County Board, in all counties of less than
212,000,000 inhabitants, shall fix the compensation of sheriffs,
22with the amount of their necessary clerk hire, stationery,
23fuel and other expenses. The county shall supply the sheriff
24with all necessary uniforms, guns and ammunition. The
25compensation of each such officer shall be fixed separately

 

 

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1from his necessary clerk hire, stationery, fuel and other
2expenses. Beginning immediately, no county with a population
3under 2,000,000 may reduce the rate of compensation of its
4sheriff below the rate of compensation that it was actually
5paying to its sheriff on January 1, 2002 or the effective date
6of this amendatory Act of the 92nd General Assembly, whichever
7is greater.
8    (b) In addition to the requirement of subsection (a), the
9rate of compensation payable to the sheriff by the county
10shall not be less than the following:
11    To each such sheriff in counties containing less than
1210,000 inhabitants, not less than $27,000 per annum.
13    To each such sheriff in counties containing 10,000 or more
14inhabitants but less than 20,000 inhabitants, not less than
15$31,000 per annum.
16    To each such sheriff in counties containing 20,000 or more
17inhabitants but less than 30,000 inhabitants, not less than
18$34,000 per annum.
19    To each such sheriff in counties containing 30,000 or more
20inhabitants but less than 60,000 inhabitants, not less than
21$37,000 per annum.
22    To each such sheriff in counties containing 60,000 or more
23inhabitants but less than 100,000 inhabitants, not less than
24$40,000 per annum.
25    To each such sheriff in counties containing 100,000 or
26more inhabitants but less than 2,000,000 inhabitants, not less

 

 

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1than $43,000 per annum.
2    The population of each county for the purpose of fixing
3compensation as herein provided, shall be based upon the last
4federal census immediately previous to the election of the
5sheriff in question in such county.
6    (c) (Blank).
7    (d) In addition to the salary provided for in subsections
8(a), (b), and (c), beginning December 1, 1998, subject to
9appropriation, each sheriff, for his or her additional duties
10imposed by other statutes or laws, shall receive an annual
11stipend to be paid by the Illinois Department of Revenue out of
12the Personal Property Tax Replacement Fund in the amount of
13$6,500. Notwithstanding any other provision of law, sheriffs
14in counties with a population of 100,000 or more but less than
15400,000 whose terms of office begin on or after the effective
16date of this amendatory Act of the 102nd General Assembly
17shall receive 50% of the full stipend amount set forth in this
18subsection, and sheriffs in counties with a population of
19400,000 or more whose terms of office begin on or after the
20effective date of this amendatory Act of the 102nd General
21Assembly shall receive no stipend under this subsection.
22    (e) No county board may reduce or otherwise impair the
23compensation payable from county funds to a sheriff if the
24reduction or impairment is the result of the sheriff receiving
25an award or stipend payable from State funds.
26(Source: P.A. 97-72, eff. 7-1-11.)
 

 

 

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1    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
2    Sec. 4-8002. Additional compensation of sheriff and
3recorder.
4    (a) In addition to any salary otherwise provided by law,
5beginning December 1, 1998, subject to appropriation, the
6sheriff of Cook County for his or her additional duties
7imposed by other statutes or laws shall receive an annual
8stipend to be paid by the Illinois Department of Revenue out of
9the Personal Property Tax Replacement Fund in the amount of
10$6,500. Notwithstanding any other provision of law, no Cook
11County Sheriff whose term of office begins on or after the
12effective date of this amendatory Act of the 102nd General
13Assembly shall receive a stipend under this subsection. The
14county 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
24Section 4-6001 of this Code. Notwithstanding any other
25provision of law, no Cook County Recorder of Deeds whose term

 

 

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1of office begins on or after the effective date of this
2amendatory Act of the 102nd General Assembly shall receive a
3stipend under this subsection. The county board may not reduce
4or otherwise impair the compensation payable from county funds
5to the recorder of deeds if the reduction or impairment is the
6result of the recorder of deeds receiving a stipend payable
7from State funds.
8(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 
9    Section 15. The Clerks of Courts Act is amended by
10changing Section 27.3 as follows:
 
11    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
12    Sec. 27.3. Compensation.
13    (a) The county board shall provide the compensation of
14Clerks of the Circuit Court, and the amount necessary for
15clerk hire, stationery, fuel and other expenses. Beginning
16December 1, 1989, the compensation per annum for Clerks of the
17Circuit Court shall be as follows:
18    In counties where the population is:
19Less than 14,000.......................at least $13,500
2014,001-30,000..........................at least $14,500
2130,001-60,000..........................at least $15,000
2260,001-100,000.........................at least $15,000
23100,001-200,000........................at least $16,500
24200,001-300,000........................at least $18,000

 

 

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1300,001- 3,000,000.....................at least $20,000
2Over 3,000,000.........................at least $55,000
3    (b) In counties in which the population is 3,000,000 or
4less, "base salary" is the compensation paid for each Clerk of
5the Circuit Court, respectively, before July 1, 1989.
6    (c) The Clerks of the Circuit Court, in counties in which
7the population is 3,000,000 or less, shall be compensated as
8follows:
9        (1) Beginning December 1, 1989, base salary plus at
10    least 3% of base salary.
11        (2) Beginning December 1, 1990, base salary plus at
12    least 6% of base salary.
13        (3) Beginning December 1, 1991, base salary plus at
14    least 9% of base salary.
15        (4) Beginning December 1, 1992, base salary plus at
16    least 12% of base salary.
17Notwithstanding any other provision of law, Clerks of the
18Circuit Court in counties with a population of 100,000 or more
19but less than 400,000 whose terms of office begin on or after
20the effective date of this amendatory Act of the 102nd General
21Assembly shall receive their base salary plus not more than 6%
22of base salary, and Clerks of the Circuit Court in counties
23with a population of 400,000 or more whose terms of office
24begin on or after the effective date of this amendatory Act of
25the 102nd General Assembly shall receive only their base
26salary.

 

 

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1    (d) In addition to the compensation provided by the county
2board, each Clerk of the Circuit Court shall receive an award
3from the State for the additional duties imposed by Sections
45-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
510 of the Violent Crime Victims Assistance Act, and other
6laws, in the following amount:
7        (1) $3,500 per year before January 1, 1997.
8        (2) $4,500 per year beginning January 1, 1997.
9        (3) $5,500 per year beginning January 1, 1998.
10        (4) $6,500 per year beginning January 1, 1999.
11The total amount required for such awards shall be
12appropriated each year by the General Assembly to the Supreme
13Court, which shall distribute such awards in annual lump sum
14payments to the Clerks of the Circuit Court in all counties.
15Notwithstanding any other provision of law, Clerks of the
16Circuit Court in counties with a population of 100,000 or more
17but less than 400,000 whose terms of office begin on or after
18the effective date of this amendatory Act of the 102nd General
19Assembly shall receive 50% of the full award amount set forth
20in this subsection, and Clerks of the Circuit Court in
21counties with a population of 400,000 or more whose terms of
22office begin on or after the effective date of this amendatory
23Act of the 102nd General Assembly shall receive no award under
24this subsection. This annual award, and any other award or
25stipend paid out of State funds to the Clerks of the Circuit
26Court, shall not affect any other compensation provided by law

 

 

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1to be paid to Clerks of the Circuit Court.
2    (e) (Blank).
3    (f) No county board may reduce or otherwise impair the
4compensation payable from county funds to a Clerk of the
5Circuit Court if the reduction or impairment is the result of
6the Clerk of the Circuit Court receiving an award or stipend
7payable from State funds.
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    Section 90. The State Mandates Act is amended by adding
10Section 8.45 as follows:
 
11    (30 ILCS 805/8.45 new)
12    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
138 of this Act, no reimbursement by the State is required for
14the implementation of any mandate created by this amendatory
15Act of the 102nd General Assembly.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.