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Full Text of HB3402  100th General Assembly

HB3402 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3402

 

Introduced , by Rep. Joe Sosnowski

 

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 805/8.41 new

    Amends the Property Tax Code, the Counties Code, and the Clerks of Courts Act. Makes changes to provisions concerning 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 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 stipend amount; and (3) in counties with a population of 400,000 or more, those officials shall receive no stipend. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB100 05970 AWJ 15998 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3402LRB100 05970 AWJ 15998 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 less
12    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 rate
7of their base salary. "Base salary" is the compensation paid
8for 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. Notwithstanding any other provision of law,
19supervisors of assessments in counties with a population of
20100,000 or more but less than 400,000 whose terms of office
21begin on or after the effective date of this amendatory Act of
22the 100th General Assembly shall receive 50% of the stipend
23amount set forth in this Section, and supervisors of
24assessments in counties with a population of 400,000 or more
25whose terms of office begin on or after the effective date of
26this amendatory Act of the 100th General Assembly shall receive

 

 

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1no 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, treasurers in counties with a
13population of 100,000 or more but less than 400,000 whose terms
14of office begin on or after the effective date of this
15amendatory Act of the 100th General Assembly shall receive 50%
16of the full stipend amount set forth in this Section, and
17treasurers in counties with a population of 400,000 or more
18whose terms of office begin on or after the effective date of
19this amendatory Act of the 100th General Assembly shall receive
20no stipend. This annual stipend shall not affect any other
21compensation provided by law to be paid to elected county
22treasurers. No county board may reduce or otherwise impair the
23compensation payable from county funds to an elected county
24treasurer if such reduction or impairment is the result of his
25receiving an annual stipend under this Section.
26(Source: P.A. 97-72, eff. 7-1-11.)
 

 

 

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1    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
2    Sec. 4-6001. Officers in counties of less than 2,000,000.
3    (a) In all counties of less than 2,000,000 inhabitants, the
4compensation of Coroners, County Treasurers, County Clerks,
5Recorders and Auditors shall be determined under this Section.
6The County Board in those counties shall fix the amount of the
7necessary clerk hire, stationery, fuel and other expenses of
8those officers. The compensation of those officers shall be
9separate from the necessary clerk hire, stationery, fuel and
10other expenses, and such compensation (except for coroners in
11those counties with less than 2,000,000 population in which the
12coroner's compensation is set in accordance with Section
134-6002) shall be fixed within the following limits:
14    To each such officer in counties containing less than
1514,000 inhabitants, not less than $13,500 per annum.
16    To each such officer in counties containing 14,000 or more
17inhabitants, but less than 30,000 inhabitants, not less than
18$14,500 per annum.
19    To each such officer in counties containing 30,000 or more
20inhabitants but less than 60,000 inhabitants, not less than
21$15,000 per annum.
22    To each such officer in counties containing 60,000 or more
23inhabitants but less than 100,000 inhabitants, not less than
24$15,000 per annum.
25    To each such officer in counties containing 100,000 or more

 

 

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1inhabitants but less than 200,000 inhabitants, not less than
2$16,500 per annum.
3    To each such officer in counties containing 200,000 or more
4inhabitants but less than 300,000 inhabitants, not less than
5$18,000 per annum.
6    To each such officer in counties containing 300,000 or more
7inhabitants but less than 2,000,000 inhabitants, not less than
8$20,000 per annum.
9    (b) Those officers beginning a term of office before
10December 1, 1990 shall be compensated at the rate of their base
11salary. "Base salary" is the compensation paid for each of
12those offices, respectively, before July 1, 1989.
13    (c) Those officers beginning a term of office on or after
14December 1, 1990 shall be compensated as follows:
15        (1) Beginning December 1, 1990, base salary plus at
16    least 3% of base salary.
17        (2) Beginning December 1, 1991, base salary plus at
18    least 6% of base salary.
19        (3) Beginning December 1, 1992, base salary plus at
20    least 9% of base salary.
21        (4) Beginning December 1, 1993, base salary plus at
22    least 12% of base salary.
23    (d) In addition to but separate and apart from the
24compensation provided in this Section, the county clerk of each
25county, the recorder of each county, and the chief clerk of
26each county board of election commissioners shall receive an

 

 

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1award as follows:
2        (1) $4,500 per year after January 1, 1998;
3        (2) $5,500 per year after January 1, 1999; and
4        (3) $6,500 per year after January 1, 2000.
5The total amount required for such awards each year shall be
6appropriated by the General Assembly to the State Board of
7Elections which shall distribute the awards in annual lump sum
8payments to the several county clerks, recorders, and chief
9election clerks. Beginning December 1, 1990, this annual award,
10and any other award or stipend paid out of State funds to
11county officers, shall not affect any other compensation
12provided by law to be paid to county officers. Notwithstanding
13any other provision of law, county clerks, recorders, and chief
14election clerks in counties with a population of 100,000 or
15more but less than 400,000 whose terms of office begin on or
16after the effective date of this amendatory Act of the 100th
17General Assembly shall receive 50% of the full stipend amount
18set forth in this Section, and county clerks, recorders, and
19chief election clerks in counties with a population of 400,000
20or more whose terms of office begin on or after the effective
21date of this amendatory Act of the 100th General Assembly shall
22receive no stipend.
23    (e) Beginning December 1, 1990, no county board may reduce
24or otherwise impair the compensation payable from county funds
25to a county officer if the reduction or impairment is the
26result of the county officer receiving an award or stipend

 

 

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1payable from State funds.
2    (f) The compensation, necessary clerk hire, stationery,
3fuel and other expenses of the county auditor, as fixed by the
4county board, shall be paid by the county.
5    (g) The population of all counties for the purpose of
6fixing compensation, as herein provided, shall be based upon
7the last Federal census immediately previous to the election of
8the officer in question in each county.
9    (h) With respect to an auditor who takes office on or after
10the effective date of this amendatory Act of the 95th General
11Assembly, the auditor shall receive an annual stipend of $6,500
12per year. The General Assembly shall appropriate the total
13amount required for the stipend each year from the Personal
14Property Tax Replacement Fund to the Department of Revenue, and
15the Department of Revenue shall distribute the awards in an
16annual lump sum payment to each county auditor. The stipend
17shall be in addition to, but separate and apart from, the
18compensation provided in this Section. Notwithstanding any
19other provision of law, county auditors in counties with a
20population of 100,000 or more but less than 400,000 whose terms
21of office begin on or after the effective date of this
22amendatory Act of the 100th General Assembly shall receive 50%
23of the full stipend amount set forth in this Section, and
24county auditors in counties with a population of 400,000 or
25more whose terms of office begin on or after the effective date
26of this amendatory Act of the 100th General Assembly shall

 

 

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1receive no stipend. No county board may reduce or otherwise
2impair the compensation payable from county funds to the
3auditor if the reduction or impairment is the result of the
4auditor receiving an award or stipend pursuant to this
5subsection.
6(Source: P.A. 97-72, eff. 7-1-11.)
 
7    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
8    Sec. 4-6002. Coroners in counties of less than 2,000,000.
9    (a) The County Board, in all counties of less than
102,000,000 inhabitants, shall fix the compensation of Coroners
11within the limitations fixed by this Division, and shall
12appropriate for their necessary clerk hire, stationery, fuel,
13supplies, and other expenses. The compensation of the Coroner
14shall be fixed separately from his necessary clerk hire,
15stationery, fuel and other expenses, and such compensation
16shall be fixed within the following limits:
17    To each Coroner in counties containing less than 5,000
18inhabitants, not less than $4,500 per annum.
19    To each Coroner in counties containing 5,000 or more
20inhabitants but less than 14,000 inhabitants, not less than
21$6,000 per annum.
22    To each Coroner in counties containing 14,000 or more
23inhabitants, but less than 30,000 inhabitants, not less than
24$9,000 per annum.
25    To each Coroner in counties containing 30,000 or more

 

 

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1inhabitants, but less than 60,000 inhabitants, not less than
2$14,000 per annum.
3    To each Coroner in counties containing 60,000 or more
4inhabitants, but less than 100,000 inhabitants, not less than
5$15,000 per annum.
6    To each Coroner in counties containing 100,000 or more
7inhabitants, but less than 200,000 inhabitants, not less than
8$16,500 per annum.
9    To each Coroner in counties containing 200,000 or more
10inhabitants, but less than 300,000 inhabitants, not less than
11$18,000 per annum.
12    To each Coroner in counties containing 300,000 or more
13inhabitants, but less than 2,000,000 inhabitants, not less than
14$20,000 per annum.
15    The population of all counties for the purpose of fixing
16compensation, as herein provided, shall be based upon the last
17Federal census immediately previous to the election of the
18Coroner in question in each county. This Section does not apply
19to a county which has abolished the elective office of coroner.
20    (b) Those coroners beginning a term of office on or after
21December 1, 1990 shall be compensated as follows:
22        (1) Beginning December 1, 1990, base salary plus at
23    least 3% of base salary.
24        (2) Beginning December 1, 1991, base salary plus at
25    least 6% of base salary.
26        (3) Beginning December 1, 1992, base salary plus at

 

 

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1    least 9% of base salary.
2        (4) Beginning December 1, 1993, base salary plus at
3    least 12% of base salary.
4    "Base salary", as used in this subsection (b), means the
5salary in effect before July 1, 1989.
6    (c) In addition to, but separate and apart from, the
7compensation provided in this Section, subject to
8appropriation, the coroner of each county shall receive an
9annual stipend of $6,500 to be paid by the Illinois Department
10of Revenue out of the Personal Property Tax Replacement Fund if
11his or her term begins on or after December 1, 2000.
12Notwithstanding any other provision of law, coroners in
13counties with a population of 100,000 or more but less than
14400,000 whose terms of office begin on or after the effective
15date of this amendatory Act of the 100th General Assembly shall
16receive 50% of the full stipend amount set forth in this
17Section, and coroners in counties with a population of 400,000
18or more whose terms of office begin on or after the effective
19date of this amendatory Act of the 100th General Assembly shall
20receive no stipend.
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

 

 

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12,000,000 inhabitants, shall fix the compensation of sheriffs,
2with the amount of their necessary clerk hire, stationery, fuel
3and other expenses. The county shall supply the sheriff with
4all necessary uniforms, guns and ammunition. The compensation
5of each such officer shall be fixed separately from his
6necessary clerk hire, stationery, fuel and other expenses.
7Beginning immediately, no county with a population under
82,000,000 may reduce the rate of compensation of its sheriff
9below the rate of compensation that it was actually paying to
10its sheriff on January 1, 2002 or the effective date of this
11amendatory Act of the 92nd General Assembly, whichever is
12greater.
13    (b) In addition to the requirement of subsection (a), the
14rate of compensation payable to the sheriff by the county shall
15not 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.

 

 

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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 more
5inhabitants but less than 2,000,000 inhabitants, not less than
6$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. Notwithstanding any other provision of law, sheriffs in
19counties with a population of 100,000 or more but less than
20400,000 whose terms of office begin on or after the effective
21date of this amendatory Act of the 100th General Assembly shall
22receive 50% of the full stipend amount set forth in this
23Section, and sheriffs in counties with a population of 400,000
24or more whose terms of office begin on or after the effective
25date of this amendatory Act of the 100th General Assembly shall
26receive no stipend.

 

 

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1    (e) No county board may reduce or otherwise impair the
2compensation payable from county funds to a sheriff if the
3reduction or impairment is the result of the sheriff receiving
4an award or stipend payable from State funds.
5(Source: P.A. 97-72, eff. 7-1-11.)
 
6    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
7    Sec. 4-8002. Additional compensation of sheriff and
8recorder.
9    (a) In addition to any salary otherwise provided by law,
10beginning December 1, 1998, subject to appropriation, the
11sheriff of Cook County for his or her additional duties imposed
12by other statutes or laws shall receive an annual stipend to be
13paid by the Illinois Department of Revenue out of the Personal
14Property Tax Replacement Fund in the amount of $6,500.
15Notwithstanding any other provision of law, no Cook County
16Sheriff whose term of office begins on or after the effective
17date of this amendatory Act of the 100th General Assembly shall
18receive a stipend. The county board shall not reduce or
19otherwise impair the compensation payable from county funds to
20the sheriff if the reduction or impairment is the result of the
21sheriff receiving a stipend payable from State funds.
22    (b) In addition to any salary otherwise provided by law,
23beginning December 1, 2000, subject to appropriation, the
24recorder of deeds of Cook County for his or her additional
25duties imposed by law shall receive an annual stipend to be

 

 

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1paid by the State in an amount equal to the stipend paid to
2each recorder in other counties under subsection (d) of Section
34-6001 of this Code. Notwithstanding any other provision of
4law, no Cook County Recorder of Deeds whose term of office
5begins on or after the effective date of this amendatory Act of
6the 100th General Assembly shall receive a stipend. The county
7board may not reduce or otherwise impair the compensation
8payable from county funds to the recorder of deeds if the
9reduction or impairment is the result of the recorder of deeds
10receiving a stipend payable from State funds.
11(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 
12    Section 15. The Clerks of Courts Act is amended by changing
13Section 27.3 as follows:
 
14    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
15    Sec. 27.3. Compensation.
16    (a) The county board shall provide the compensation of
17Clerks of the Circuit Court, and the amount necessary for clerk
18hire, stationery, fuel and other expenses. Beginning December
191, 1989, the compensation per annum for Clerks of the Circuit
20Court shall be as follows:
21    In counties where the population is:
22Less than 14,000.......................at least $13,500
2314,001-30,000..........................at least $14,500
2430,001-60,000..........................at least $15,000

 

 

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160,001-100,000.........................at least $15,000
2100,001-200,000........................at least $16,500
3200,001-300,000........................at least $18,000
4300,001- 3,000,000.....................at least $20,000
5Over 3,000,000.........................at least $55,000
6    (b) In counties in which the population is 3,000,000 or
7less, "base salary" is the compensation paid for each Clerk of
8the Circuit Court, respectively, before July 1, 1989.
9    (c) The Clerks of the Circuit Court, in counties in which
10the population is 3,000,000 or less, shall be compensated as
11follows:
12        (1) Beginning December 1, 1989, base salary plus at
13    least 3% of base salary.
14        (2) Beginning December 1, 1990, base salary plus at
15    least 6% of base salary.
16        (3) Beginning December 1, 1991, base salary plus at
17    least 9% of base salary.
18        (4) Beginning December 1, 1992, base salary plus at
19    least 12% of base salary.
20    (d) In addition to the compensation provided by the county
21board, each Clerk of the Circuit Court shall receive an award
22from the State for the additional duties imposed by Sections
235-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
2410 of the Violent Crime Victims Assistance Act, Section 16-104a
25of the Illinois Vehicle Code, and other laws, in the following
26amount:

 

 

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1    (1) $3,500 per year before January 1, 1997.
2    (2) $4,500 per year beginning January 1, 1997.
3    (3) $5,500 per year beginning January 1, 1998.
4    (4) $6,500 per year beginning January 1, 1999.
5The total amount required for such awards shall be appropriated
6each year by the General Assembly to the Supreme Court, which
7shall distribute such awards in annual lump sum payments to the
8Clerks of the Circuit Court in all counties. Notwithstanding
9any other provision of law, Clerks of the Circuit Court in
10counties with a population of 100,000 or more but less than
11400,000 whose terms of office begin on or after the effective
12date of this amendatory Act of the 100th General Assembly shall
13receive 50% of the full stipend amount set forth in this
14Section, and Clerks of the Circuit Court in counties with a
15population of 400,000 or more whose terms of office begin on or
16after the effective date of this amendatory Act of the 100th
17General Assembly shall receive no stipend. This annual award,
18and any other award or stipend paid out of State funds to the
19Clerks of the Circuit Court, shall not affect any other
20compensation provided by law to be paid to Clerks of the
21Circuit Court.
22    (e) (Blank).
23    (f) No county board may reduce or otherwise impair the
24compensation payable from county funds to a Clerk of the
25Circuit Court if the reduction or impairment is the result of
26the Clerk of the Circuit Court receiving an award or stipend

 

 

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1payable from State funds.
2(Source: P.A. 98-24, eff. 6-19-13.)
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.41 as follows:
 
5    (30 ILCS 805/8.41 new)
6    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 100th General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.