Illinois General Assembly - Full Text of HB0556
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Full Text of HB0556  102nd General Assembly

HB0556 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0556

 

Introduced 2/8/2021, by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/3-40
35 ILCS 200/4-20
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

    Amends the Property Tax Code, the Counties Code, and the Clerks of the Courts Act. Provides that assessors, county treasurers, coroners, sheriffs, recorders of deeds, clerks of the circuit court, and other county officers whose terms of office begin on or after the effective date of the amendatory Act shall not receive a stipend. Effective immediately.


LRB102 10063 AWJ 15383 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0556LRB102 10063 AWJ 15383 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
5Sections 3-40 and 4-20 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

 

 

HB0556- 2 -LRB102 10063 AWJ 15383 b

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.
13    Any supervisor of assessments who has been presented a
14Certified Assessing Evaluator Certificate by the International
15Association of Assessing Officers shall receive an additional
16compensation of $500 per year to be paid out of funds
17appropriated to the Department from the Personal Property Tax
18Replacement Fund. No additional compensation shall be paid to
19supervisors of assessments whose terms of office begin on or
20after the effective date of this amendatory Act of the 102nd
21General Assembly.
22    The salary set by the county board shall be paid in equal
23monthly installments out of the treasury of the county in
24which he or she is appointed or elected. If the Department has
25determined that the total assessed value of property in a
26county, as equalized by the supervisor of assessments under

 

 

HB0556- 3 -LRB102 10063 AWJ 15383 b

1Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
2cash value of property in the county, subject to
3appropriation, the Department shall reimburse the county
4monthly from the Personal Property Tax Replacement Fund 50% of
5the amount of salary the county paid to the officer for the
6preceding month.
7    The county board shall provide necessary office space for
8the officer and pay all necessary expenses of the office out of
9the county treasury.
10    Each supervisor of assessments may, with the advice and
11consent of the county board, appoint necessary deputies and
12clerks, their compensation to be fixed by the county board and
13paid by the county.
14(Source: P.A. 97-72, eff. 7-1-11.)
 
15    (35 ILCS 200/4-20)
16    Sec. 4-20. Additional compensation based on performance.
17Any assessor in counties with less than 3,000,000 but more
18than 50,000 inhabitants each year may petition the Department
19to receive additional compensation based on performance. To
20receive additional compensation, the official's assessment
21jurisdiction must meet the following criteria:
22        (1) the median level of assessment must be no more
23    than 35 1/3% and no less than 31 1/3% of fair cash value of
24    property in his or her assessment jurisdiction; and
25        (2) the coefficient of dispersion must not be greater

 

 

HB0556- 4 -LRB102 10063 AWJ 15383 b

1    than 15%.
2For purposes of this Section, "coefficient of dispersion"
3means the average deviation of all assessments from the median
4level. For purposes of this Section, the number of inhabitants
5shall be determined by the latest federal decennial census.
6When the most recent census shows an increase in inhabitants
7to over 50,000 or a decrease to 50,000 or fewer, then the
8assessment year used to compute the coefficient of dispersion
9and the most recent year of the 3-year average level of
10assessments is the year that determines qualification for
11additional compensation. The Department will promulgate rules
12and regulations to determine whether an assessor meets these
13criteria.
14    Any assessor in a county of 50,000 or fewer inhabitants
15may petition the Department for consideration to receive
16additional compensation each year based on performance. In
17order to receive the additional compensation, the assessments
18in the official's assessment jurisdiction must meet the
19following criteria: (i) the median level of assessments must
20be no more than 35 1/3% and no less than 31 1/3% of fair cash
21value of property in his or her assessment jurisdiction; and
22(ii) the coefficient of dispersion must not be greater than
2340% in 1994, 38% in 1995, 36% in 1996, 34% in 1997, 32% in
241998, and 30% in 1999 and every year thereafter.
25    Real estate transfer declarations used by the Department
26in annual sales-assessment ratio studies will be used to

 

 

HB0556- 5 -LRB102 10063 AWJ 15383 b

1evaluate applications for additional compensation. The
2Department will audit other property to determine if the
3sales-assessment ratio study data is representative of the
4assessment jurisdiction. If the ratio study is found not
5representative, appraisals and other information may be
6utilized. If the ratio study is representative, upon
7certification by the Department, the assessor shall receive
8additional compensation of $3,000 for that year, to be paid
9out of funds appropriated to the Department from the Personal
10Property Tax Replacement Fund.
11    No additional compensation shall be paid to assessors
12whose terms of office begin on or after the effective date of
13this amendatory Act of the 102nd General Assembly.
14    As used in this Section, "assessor" means any township or
15multi-township assessor, or supervisor of assessments.
16(Source: P.A. 97-72, eff. 7-1-11.)
 
17    Section 10. The Counties Code is amended by changing
18Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
19follows:
 
20    (55 ILCS 5/3-10007)  (from Ch. 34, par. 3-10007)
21    Sec. 3-10007. Annual stipend. In addition to all other
22compensation provided by law, every elected county treasurer,
23for additional duties mandated by State law, shall receive an
24annual stipend of (i) $5,000 if his or her term begins before

 

 

HB0556- 6 -LRB102 10063 AWJ 15383 b

1December 1, 1998, (ii) $5,500 after December 1, 1998 and
2$6,500 after December 1, 1999 if his or her term begins on or
3after December 1, 1998 but before December 1, 2000, and (iii)
4$6,500 if his or her term begins December 1, 2000 or
5thereafter, to be annually appropriated from the Personal
6Property Tax Replacement Fund by the General Assembly to the
7Department of Revenue which shall distribute the awards in
8annual lump sum payments to every elected county treasurer.
9This annual stipend shall not affect any other compensation
10provided by law to be paid to elected county treasurers. No
11county board may reduce or otherwise impair the compensation
12payable from county funds to an elected county treasurer if
13such reduction or impairment is the result of his receiving an
14annual stipend under this Section. No stipend shall be paid to
15county treasurers whose terms of office begin on or after the
16effective date of this amendatory Act of the 102nd General
17Assembly.
18(Source: P.A. 97-72, eff. 7-1-11.)
 
19    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
20    Sec. 4-6001. Officers in counties of less than 2,000,000.
21    (a) In all counties of less than 2,000,000 inhabitants,
22the compensation of Coroners, County Treasurers, County
23Clerks, Recorders and Auditors shall be determined under this
24Section. The County Board in those counties shall fix the
25amount of the necessary clerk hire, stationery, fuel and other

 

 

HB0556- 7 -LRB102 10063 AWJ 15383 b

1expenses of those officers. The compensation of those officers
2shall be separate from the necessary clerk hire, stationery,
3fuel and other expenses, and such compensation (except for
4coroners in those counties with less than 2,000,000 population
5in which the coroner's compensation is set in accordance with
6Section 4-6002) shall be fixed within the following limits:
7    To each such officer in counties containing less than
814,000 inhabitants, not less than $13,500 per annum.
9    To each such officer in counties containing 14,000 or more
10inhabitants, but less than 30,000 inhabitants, not less than
11$14,500 per annum.
12    To each such officer in counties containing 30,000 or more
13inhabitants but less than 60,000 inhabitants, not less than
14$15,000 per annum.
15    To each such officer in counties containing 60,000 or more
16inhabitants but less than 100,000 inhabitants, not less than
17$15,000 per annum.
18    To each such officer in counties containing 100,000 or
19more inhabitants but less than 200,000 inhabitants, not less
20than $16,500 per annum.
21    To each such officer in counties containing 200,000 or
22more inhabitants but less than 300,000 inhabitants, not less
23than $18,000 per annum.
24    To each such officer in counties containing 300,000 or
25more inhabitants but less than 2,000,000 inhabitants, not less
26than $20,000 per annum.

 

 

HB0556- 8 -LRB102 10063 AWJ 15383 b

1    (b) Those officers beginning a term of office before
2December 1, 1990 shall be compensated at the rate of their base
3salary. "Base salary" is the compensation paid for each of
4those offices, respectively, before July 1, 1989.
5    (c) Those officers beginning a term of office on or after
6December 1, 1990 shall be compensated as follows:
7        (1) Beginning December 1, 1990, base salary plus at
8    least 3% of base salary.
9        (2) Beginning December 1, 1991, base salary plus at
10    least 6% of base salary.
11        (3) Beginning December 1, 1992, base salary plus at
12    least 9% of base salary.
13        (4) Beginning December 1, 1993, base salary plus at
14    least 12% of base salary.
15    (d) In addition to but separate and apart from the
16compensation provided in this Section, the county clerk of
17each county, the recorder of each county, and the chief clerk
18of each county board of election commissioners shall receive
19an award as follows:
20        (1) $4,500 per year after January 1, 1998;
21        (2) $5,500 per year after January 1, 1999; and
22        (3) $6,500 per year after January 1, 2000.
23The total amount required for such awards each year shall be
24appropriated by the General Assembly to the State Board of
25Elections which shall distribute the awards in annual lump sum
26payments to the several county clerks, recorders, and chief

 

 

HB0556- 9 -LRB102 10063 AWJ 15383 b

1election clerks. Beginning December 1, 1990, this annual
2award, and any other award or stipend paid out of State funds
3to county officers, shall not affect any other compensation
4provided by law to be paid to county officers. No stipend shall
5be paid to county officers whose terms of office begin on or
6after the effective date of this amendatory Act of the 102nd
7General Assembly.
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

 

 

HB0556- 10 -LRB102 10063 AWJ 15383 b

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. No stipend
4shall be paid to auditors whose terms of office begin on or
5after the effective date of this amendatory Act of the 102nd
6General Assembly. No county board may reduce or otherwise
7impair the compensation payable from county funds to the
8auditor if the reduction or impairment is the result of the
9auditor receiving an award or stipend pursuant to this
10subsection.
11(Source: P.A. 97-72, eff. 7-1-11.)
 
12    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
13    Sec. 4-6002. Coroners in counties of less than 2,000,000.
14    (a) The County Board, in all counties of less than
152,000,000 inhabitants, shall fix the compensation of Coroners
16within the limitations fixed by this Division, and shall
17appropriate for their necessary clerk hire, stationery, fuel,
18supplies, and other expenses. The compensation of the Coroner
19shall be fixed separately from his necessary clerk hire,
20stationery, fuel and other expenses, and such compensation
21shall be fixed within the following limits:
22    To each Coroner in counties containing less than 5,000
23inhabitants, not less than $4,500 per annum.
24    To each Coroner in counties containing 5,000 or more
25inhabitants but less than 14,000 inhabitants, not less than

 

 

HB0556- 11 -LRB102 10063 AWJ 15383 b

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

 

 

HB0556- 12 -LRB102 10063 AWJ 15383 b

1December 1, 1990 shall be compensated as follows:
2        (1) Beginning December 1, 1990, base salary plus at
3    least 3% of base salary.
4        (2) Beginning December 1, 1991, base salary plus at
5    least 6% of base salary.
6        (3) Beginning December 1, 1992, base salary plus at
7    least 9% of base salary.
8        (4) Beginning December 1, 1993, base salary plus at
9    least 12% of base salary.
10    "Base salary", as used in this subsection (b), means the
11salary in effect before July 1, 1989.
12    (c) In addition to, but separate and apart from, the
13compensation provided in this Section, subject to
14appropriation, the coroner of each county shall receive an
15annual stipend of $6,500 to be paid by the Illinois Department
16of Revenue out of the Personal Property Tax Replacement Fund
17if his or her term begins on or after December 1, 2000. No
18stipend shall be paid to coroners whose terms of office begin
19on or after the effective date of this amendatory Act of the
20102nd General Assembly.
21(Source: P.A. 97-72, eff. 7-1-11.)
 
22    (55 ILCS 5/4-6003)  (from Ch. 34, par. 4-6003)
23    Sec. 4-6003. Compensation of sheriffs for certain expenses
24in counties of less than 2,000,000.
25    (a) The County Board, in all counties of less than

 

 

HB0556- 13 -LRB102 10063 AWJ 15383 b

12,000,000 inhabitants, shall fix the compensation of sheriffs,
2with the amount of their necessary clerk hire, stationery,
3fuel and other expenses. The county shall supply the sheriff
4with all necessary uniforms, guns and ammunition. The
5compensation of each such officer shall be fixed separately
6from his necessary clerk hire, stationery, fuel and other
7expenses. Beginning immediately, no county with a population
8under 2,000,000 may reduce the rate of compensation of its
9sheriff below the rate of compensation that it was actually
10paying to its sheriff on January 1, 2002 or the effective date
11of this amendatory Act of the 92nd General Assembly, whichever
12is greater.
13    (b) In addition to the requirement of subsection (a), the
14rate of compensation payable to the sheriff by the county
15shall not be less than the following:
16    To each such sheriff in counties containing less than
1710,000 inhabitants, not less than $27,000 per annum.
18    To each such sheriff in counties containing 10,000 or more
19inhabitants but less than 20,000 inhabitants, not less than
20$31,000 per annum.
21    To each such sheriff in counties containing 20,000 or more
22inhabitants but less than 30,000 inhabitants, not less than
23$34,000 per annum.
24    To each such sheriff in counties containing 30,000 or more
25inhabitants but less than 60,000 inhabitants, not less than
26$37,000 per annum.

 

 

HB0556- 14 -LRB102 10063 AWJ 15383 b

1    To each such sheriff in counties containing 60,000 or more
2inhabitants but less than 100,000 inhabitants, not less than
3$40,000 per annum.
4    To each such sheriff in counties containing 100,000 or
5more inhabitants but less than 2,000,000 inhabitants, not less
6than $43,000 per annum.
7    The population of each county for the purpose of fixing
8compensation as herein provided, shall be based upon the last
9federal census immediately previous to the election of the
10sheriff in question in such county.
11    (c) (Blank).
12    (d) In addition to the salary provided for in subsections
13(a), (b), and (c), beginning December 1, 1998, subject to
14appropriation, each sheriff, for his or her additional duties
15imposed by other statutes or laws, shall receive an annual
16stipend to be paid by the Illinois Department of Revenue out of
17the Personal Property Tax Replacement Fund in the amount of
18$6,500. No stipend shall be paid to any sheriff whose term of
19office begins on or after the effective date of this
20amendatory Act of the 102nd General Assembly.
21    (e) No county board may reduce or otherwise impair the
22compensation payable from county funds to a sheriff if the
23reduction or impairment is the result of the sheriff receiving
24an award or stipend payable from State funds.
25(Source: P.A. 97-72, eff. 7-1-11.)
 

 

 

HB0556- 15 -LRB102 10063 AWJ 15383 b

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. However, no such stipend shall be paid to any sheriff
11of Cook County whose term of office begins on or after the
12effective date of this amendatory Act of the 102nd General
13Assembly. The county board shall not reduce or otherwise
14impair the compensation payable from county funds to the
15sheriff if the reduction or impairment is the result of the
16sheriff receiving a stipend payable from State funds.
17    (b) In addition to any salary otherwise provided by law,
18beginning December 1, 2000, subject to appropriation, the
19recorder of deeds of Cook County for his or her additional
20duties imposed by law shall receive an annual stipend to be
21paid by the State in an amount equal to the stipend paid to
22each recorder in other counties under subsection (d) of
23Section 4-6001 of this Code. However, no such stipend shall be
24paid to any recorder of deeds of Cook County whose term of
25office begins on or after the effective date of this
26amendatory Act of the 102nd General Assembly. The county board

 

 

HB0556- 16 -LRB102 10063 AWJ 15383 b

1may not reduce or otherwise impair the compensation payable
2from county funds to the recorder of deeds if the reduction or
3impairment is the result of the recorder of deeds receiving a
4stipend payable from State funds.
5(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 
6    Section 15. The Clerks of Courts Act is amended by
7changing Section 27.3 as follows:
 
8    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
9    Sec. 27.3. Compensation.
10    (a) The county board shall provide the compensation of
11Clerks of the Circuit Court, and the amount necessary for
12clerk hire, stationery, fuel and other expenses. Beginning
13December 1, 1989, the compensation per annum for Clerks of the
14Circuit Court shall be as follows:
15    In counties where the population is:
16Less than 14,000.......................at least $13,500
1714,001-30,000..........................at least $14,500
1830,001-60,000..........................at least $15,000
1960,001-100,000.........................at least $15,000
20100,001-200,000........................at least $16,500
21200,001-300,000........................at least $18,000
22300,001- 3,000,000.....................at least $20,000
23Over 3,000,000.........................at least $55,000
24    (b) In counties in which the population is 3,000,000 or

 

 

HB0556- 17 -LRB102 10063 AWJ 15383 b

1less, "base salary" is the compensation paid for each Clerk of
2the Circuit Court, respectively, before July 1, 1989.
3    (c) The Clerks of the Circuit Court, in counties in which
4the population is 3,000,000 or less, shall be compensated as
5follows:
6        (1) Beginning December 1, 1989, base salary plus at
7    least 3% of base salary.
8        (2) Beginning December 1, 1990, base salary plus at
9    least 6% of base salary.
10        (3) Beginning December 1, 1991, base salary plus at
11    least 9% of base salary.
12        (4) Beginning December 1, 1992, base salary plus at
13    least 12% of base salary.
14    (d) In addition to the compensation provided by the county
15board, each Clerk of the Circuit Court shall receive an award
16from the State for the additional duties imposed by Sections
175-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1810 of the Violent Crime Victims Assistance Act, and other
19laws, in the following amount:
20        (1) $3,500 per year before January 1, 1997.
21        (2) $4,500 per year beginning January 1, 1997.
22        (3) $5,500 per year beginning January 1, 1998.
23        (4) $6,500 per year beginning January 1, 1999.
24The total amount required for such awards shall be
25appropriated each year by the General Assembly to the Supreme
26Court, which shall distribute such awards in annual lump sum

 

 

HB0556- 18 -LRB102 10063 AWJ 15383 b

1payments to the Clerks of the Circuit Court in all counties.
2This annual award, and any other award or stipend paid out of
3State funds to the Clerks of the Circuit Court, shall not
4affect any other compensation provided by law to be paid to
5Clerks of the Circuit Court. No award or stipend authorized
6under this subsection (d) shall be paid to any Clerk of the
7Circuit Court whose term of office begins on or after the
8effective date of this amendatory Act of the 102nd General
9Assembly.
10    (e) (Blank).
11    (f) No county board may reduce or otherwise impair the
12compensation payable from county funds to a Clerk of the
13Circuit Court if the reduction or impairment is the result of
14the Clerk of the Circuit Court receiving an award or stipend
15payable from State funds.
16(Source: P.A. 100-987, eff. 7-1-19.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.