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Full Text of HB3759  100th General Assembly

HB3759 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3759

 

Introduced , 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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3759LRB100 03650 HLH 13655 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 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. 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 100th
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 which
24he 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

 

 

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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 appropriation,
3the Department shall reimburse the county monthly from the
4Personal Property Tax Replacement Fund 50% of the amount of
5salary the county paid to the officer for the preceding month.
6    The county board shall provide necessary office space for
7the officer and pay all necessary expenses of the office out of
8the county treasury.
9    Each supervisor of assessments may, with the advice and
10consent of the county board, appoint necessary deputies and
11clerks, their compensation to be fixed by the county board and
12paid by the county.
13(Source: P.A. 97-72, eff. 7-1-11.)
 
14    (35 ILCS 200/4-20)
15    Sec. 4-20. Additional compensation based on performance.
16Any assessor in counties with less than 3,000,000 but more than
1750,000 inhabitants each year may petition the Department to
18receive additional compensation based on performance. To
19receive additional compensation, the official's assessment
20jurisdiction must meet the following criteria:
21        (1) the median level of assessment must be no more than
22    35 1/3% and no less than 31 1/3% of fair cash value of
23    property in his or her assessment jurisdiction; and
24        (2) the coefficient of dispersion must not be greater
25    than 15%.

 

 

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1For purposes of this Section, "coefficient of dispersion" means
2the average deviation of all assessments from the median level.
3For purposes of this Section, the number of inhabitants shall
4be determined by the latest federal decennial census. When the
5most recent census shows an increase in inhabitants to over
650,000 or a decrease to 50,000 or fewer, then the assessment
7year used to compute the coefficient of dispersion and the most
8recent year of the 3-year average level of assessments is the
9year that determines qualification for additional
10compensation. The Department will promulgate rules and
11regulations to determine whether an assessor meets these
12criteria.
13    Any assessor in a county of 50,000 or fewer inhabitants may
14petition the Department for consideration to receive
15additional compensation each year based on performance. In
16order to receive the additional compensation, the assessments
17in the official's assessment jurisdiction must meet the
18following criteria: (i) the median level of assessments must be
19no more than 35 1/3% and no less than 31 1/3% of fair cash value
20of property in his or her assessment jurisdiction; and (ii) the
21coefficient of dispersion must not be greater than 40% in 1994,
2238% in 1995, 36% in 1996, 34% in 1997, 32% in 1998, and 30% in
231999 and every year thereafter.
24    Real estate transfer declarations used by the Department in
25annual sales-assessment ratio studies will be used to evaluate
26applications for additional compensation. The Department will

 

 

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1audit other property to determine if the sales-assessment ratio
2study data is representative of the assessment jurisdiction. If
3the ratio study is found not representative, appraisals and
4other information may be utilized. If the ratio study is
5representative, upon certification by the Department, the
6assessor shall receive additional compensation of $3,000 for
7that year, to be paid out of funds appropriated to the
8Department from the Personal Property Tax Replacement Fund.
9    No additional compensation shall be paid to assessors whose
10terms of office begin on or after the effective date of this
11amendatory Act of the 100th General Assembly.
12    As used in this Section, "assessor" means any township or
13multi-township assessor, or supervisor of assessments.
14(Source: P.A. 97-72, eff. 7-1-11.)
 
15    Section 10. The Counties Code is amended by changing
16Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
17follows:
 
18    (55 ILCS 5/3-10007)  (from Ch. 34, par. 3-10007)
19    Sec. 3-10007. Annual stipend. In addition to all other
20compensation provided by law, every elected county treasurer,
21for additional duties mandated by State law, shall receive an
22annual stipend of (i) $5,000 if his or her term begins before
23December 1, 1998, (ii) $5,500 after December 1, 1998 and $6,500
24after December 1, 1999 if his or her term begins on or after

 

 

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

 

 

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1those counties with less than 2,000,000 population in which the
2coroner's compensation is set in accordance with Section
34-6002) shall be fixed within the following limits:
4    To each such officer in counties containing less than
514,000 inhabitants, not less than $13,500 per annum.
6    To each such officer in counties containing 14,000 or more
7inhabitants, but less than 30,000 inhabitants, not less than
8$14,500 per annum.
9    To each such officer in counties containing 30,000 or more
10inhabitants but less than 60,000 inhabitants, not less than
11$15,000 per annum.
12    To each such officer in counties containing 60,000 or more
13inhabitants but less than 100,000 inhabitants, not less than
14$15,000 per annum.
15    To each such officer in counties containing 100,000 or more
16inhabitants but less than 200,000 inhabitants, not less than
17$16,500 per annum.
18    To each such officer in counties containing 200,000 or more
19inhabitants but less than 300,000 inhabitants, not less than
20$18,000 per annum.
21    To each such officer in counties containing 300,000 or more
22inhabitants but less than 2,000,000 inhabitants, not less than
23$20,000 per annum.
24    (b) Those officers beginning a term of office before
25December 1, 1990 shall be compensated at the rate of their base
26salary. "Base salary" is the compensation paid for each of

 

 

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1those offices, respectively, before July 1, 1989.
2    (c) Those officers 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    (d) In addition to but separate and apart from the
13compensation provided in this Section, the county clerk of each
14county, the recorder of each county, and the chief clerk of
15each county board of election commissioners shall receive an
16award as follows:
17        (1) $4,500 per year after January 1, 1998;
18        (2) $5,500 per year after January 1, 1999; and
19        (3) $6,500 per year after January 1, 2000.
20The total amount required for such awards each year shall be
21appropriated by the General Assembly to the State Board of
22Elections which shall distribute the awards in annual lump sum
23payments to the several county clerks, recorders, and chief
24election clerks. Beginning December 1, 1990, this annual award,
25and any other award or stipend paid out of State funds to
26county officers, shall not affect any other compensation

 

 

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1provided by law to be paid to county officers. No stipend shall
2be paid to county officers whose terms of office begin on or
3after the effective date of this amendatory Act of the 100th
4General Assembly.
5    (e) Beginning December 1, 1990, no county board may reduce
6or otherwise impair the compensation payable from county funds
7to a county officer if the reduction or impairment is the
8result of the county officer receiving an award or stipend
9payable from State funds.
10    (f) The compensation, necessary clerk hire, stationery,
11fuel and other expenses of the county auditor, as fixed by the
12county board, shall be paid by the county.
13    (g) The population of all counties for the purpose of
14fixing compensation, as herein provided, shall be based upon
15the last Federal census immediately previous to the election of
16the officer in question in each county.
17    (h) With respect to an auditor who takes office on or after
18the effective date of this amendatory Act of the 95th General
19Assembly, the auditor shall receive an annual stipend of $6,500
20per year. The General Assembly shall appropriate the total
21amount required for the stipend each year from the Personal
22Property Tax Replacement Fund to the Department of Revenue, and
23the Department of Revenue shall distribute the awards in an
24annual lump sum payment to each county auditor. The stipend
25shall be in addition to, but separate and apart from, the
26compensation provided in this Section. No stipend shall be paid

 

 

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1to auditors whose terms of office begin on or after the
2effective date of this amendatory Act of the 100th General
3Assembly. No county board may reduce or otherwise impair the
4compensation payable from county funds to the auditor if the
5reduction or impairment is the result of the auditor receiving
6an award or stipend pursuant to this subsection.
7(Source: P.A. 97-72, eff. 7-1-11.)
 
8    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
9    Sec. 4-6002. Coroners in counties of less than 2,000,000.
10    (a) The County Board, in all counties of less than
112,000,000 inhabitants, shall fix the compensation of Coroners
12within the limitations fixed by this Division, and shall
13appropriate for their necessary clerk hire, stationery, fuel,
14supplies, and other expenses. The compensation of the Coroner
15shall be fixed separately from his necessary clerk hire,
16stationery, fuel and other expenses, and such compensation
17shall be fixed within the following limits:
18    To each Coroner in counties containing less than 5,000
19inhabitants, not less than $4,500 per annum.
20    To each Coroner in counties containing 5,000 or more
21inhabitants but less than 14,000 inhabitants, not less than
22$6,000 per annum.
23    To each Coroner in counties containing 14,000 or more
24inhabitants, but less than 30,000 inhabitants, not less than
25$9,000 per annum.

 

 

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1    To each Coroner in counties containing 30,000 or more
2inhabitants, but less than 60,000 inhabitants, not less than
3$14,000 per annum.
4    To each Coroner in counties containing 60,000 or more
5inhabitants, but less than 100,000 inhabitants, not less than
6$15,000 per annum.
7    To each Coroner in counties containing 100,000 or more
8inhabitants, but less than 200,000 inhabitants, not less than
9$16,500 per annum.
10    To each Coroner in counties containing 200,000 or more
11inhabitants, but less than 300,000 inhabitants, not less than
12$18,000 per annum.
13    To each Coroner in counties containing 300,000 or more
14inhabitants, but less than 2,000,000 inhabitants, not less than
15$20,000 per annum.
16    The population of all counties for the purpose of fixing
17compensation, as herein provided, shall be based upon the last
18Federal census immediately previous to the election of the
19Coroner in question in each county. This Section does not apply
20to a county which has abolished the elective office of coroner.
21    (b) Those coroners beginning a term of office on or after
22December 1, 1990 shall be compensated as follows:
23        (1) Beginning December 1, 1990, base salary plus at
24    least 3% of base salary.
25        (2) Beginning December 1, 1991, base salary plus at
26    least 6% of base salary.

 

 

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1        (3) Beginning December 1, 1992, base salary plus at
2    least 9% of base salary.
3        (4) Beginning December 1, 1993, base salary plus at
4    least 12% of base salary.
5    "Base salary", as used in this subsection (b), means the
6salary in effect before July 1, 1989.
7    (c) In addition to, but separate and apart from, the
8compensation provided in this Section, subject to
9appropriation, the coroner of each county shall receive an
10annual stipend of $6,500 to be paid by the Illinois Department
11of Revenue out of the Personal Property Tax Replacement Fund if
12his or her term begins on or after December 1, 2000. No stipend
13shall be paid to coroners whose terms of office begin on or
14after the effective date of this amendatory Act of the 100th
15General Assembly.
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, fuel
23and other expenses. The county shall supply the sheriff with
24all necessary uniforms, guns and ammunition. The compensation
25of each such officer shall be fixed separately from his

 

 

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1necessary clerk hire, stationery, fuel and other expenses.
2Beginning immediately, no county with a population under
32,000,000 may reduce the rate of compensation of its sheriff
4below the rate of compensation that it was actually paying to
5its sheriff on January 1, 2002 or the effective date of this
6amendatory Act of the 92nd General Assembly, whichever is
7greater.
8    (b) In addition to the requirement of subsection (a), the
9rate of compensation payable to the sheriff by the county shall
10not 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 more
26inhabitants but less than 2,000,000 inhabitants, not less than

 

 

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1$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. No stipend shall be paid to any sheriff whose term of
14office begins on or after the effective date of this amendatory
15Act of the 100th General Assembly.
16    (e) No county board may reduce or otherwise impair the
17compensation payable from county funds to a sheriff if the
18reduction or impairment is the result of the sheriff receiving
19an award or stipend payable from State funds.
20(Source: P.A. 97-72, eff. 7-1-11.)
 
21    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
22    Sec. 4-8002. Additional compensation of sheriff and
23recorder.
24    (a) In addition to any salary otherwise provided by law,
25beginning December 1, 1998, subject to appropriation, the

 

 

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1sheriff of Cook County for his or her additional duties imposed
2by other statutes or laws shall receive an annual stipend to be
3paid by the Illinois Department of Revenue out of the Personal
4Property Tax Replacement Fund in the amount of $6,500. However,
5no such stipend shall be paid to any sheriff of Cook County
6whose term of office begins on or after the effective date of
7this amendatory Act of the 100th General Assembly. The county
8board shall not reduce or otherwise impair the compensation
9payable from county funds to the sheriff if the reduction or
10impairment is the result of the sheriff receiving a stipend
11payable from State funds.
12    (b) In addition to any salary otherwise provided by law,
13beginning December 1, 2000, subject to appropriation, the
14recorder of deeds of Cook County for his or her additional
15duties imposed by law shall receive an annual stipend to be
16paid by the State in an amount equal to the stipend paid to
17each recorder in other counties under subsection (d) of Section
184-6001 of this Code. However, no such stipend shall be paid to
19any recorder of deeds of Cook County whose term of office
20begins on or after the effective date of this amendatory Act of
21the 100th General Assembly. The county board may not reduce or
22otherwise impair the compensation payable from county funds to
23the recorder of deeds if the reduction or impairment is the
24result of the recorder of deeds receiving a stipend payable
25from State funds.
26(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 

 

 

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1    Section 15. The Clerks of Courts Act is amended by changing
2Section 27.3 as follows:
 
3    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
4    Sec. 27.3. Compensation.
5    (a) The county board shall provide the compensation of
6Clerks of the Circuit Court, and the amount necessary for clerk
7hire, stationery, fuel and other expenses. Beginning December
81, 1989, the compensation per annum for Clerks of the Circuit
9Court shall be as follows:
10    In counties where the population is:
11Less than 14,000.......................at least $13,500
1214,001-30,000..........................at least $14,500
1330,001-60,000..........................at least $15,000
1460,001-100,000.........................at least $15,000
15100,001-200,000........................at least $16,500
16200,001-300,000........................at least $18,000
17300,001- 3,000,000.....................at least $20,000
18Over 3,000,000.........................at least $55,000
19    (b) In counties in which the population is 3,000,000 or
20less, "base salary" is the compensation paid for each Clerk of
21the Circuit Court, respectively, before July 1, 1989.
22    (c) The Clerks of the Circuit Court, in counties in which
23the population is 3,000,000 or less, shall be compensated as
24follows:

 

 

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1        (1) Beginning December 1, 1989, base salary plus at
2    least 3% of base salary.
3        (2) Beginning December 1, 1990, base salary plus at
4    least 6% of base salary.
5        (3) Beginning December 1, 1991, base salary plus at
6    least 9% of base salary.
7        (4) Beginning December 1, 1992, base salary plus at
8    least 12% of base salary.
9    (d) In addition to the compensation provided by the county
10board, each Clerk of the Circuit Court shall receive an award
11from the State for the additional duties imposed by Sections
125-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
1310 of the Violent Crime Victims Assistance Act, Section 16-104a
14of the Illinois Vehicle Code, and other laws, in the following
15amount:
16    (1) $3,500 per year before January 1, 1997.
17    (2) $4,500 per year beginning January 1, 1997.
18    (3) $5,500 per year beginning January 1, 1998.
19    (4) $6,500 per year beginning January 1, 1999.
20The total amount required for such awards shall be appropriated
21each year by the General Assembly to the Supreme Court, which
22shall distribute such awards in annual lump sum payments to the
23Clerks of the Circuit Court in all counties. This annual award,
24and any other award or stipend paid out of State funds to the
25Clerks of the Circuit Court, shall not affect any other
26compensation provided by law to be paid to Clerks of the

 

 

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1Circuit Court. No award or stipend authorized under this
2subsection (d) shall be paid to any recorder of deeds of Cook
3County whose term of office begins on or after the effective
4date of this amendatory Act of the 100th General Assembly.
5    (e) (Blank).
6    (f) No county board may reduce or otherwise impair the
7compensation payable from county funds to a Clerk of the
8Circuit Court if the reduction or impairment is the result of
9the Clerk of the Circuit Court receiving an award or stipend
10payable from State funds.
11(Source: P.A. 98-24, eff. 6-19-13.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.