103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5287

 

Introduced 2/9/2024, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-6001  from Ch. 34, par. 4-6001

    Amends the Counties Code. In provisions regarding county officer stipends in counties of less than 2,000,000 population, provides that, for State fiscal years beginning on or after July 1, 2024, the State Board of Elections shall remit to each county the amount required for the stipend for the county clerk, the county recorder, and the chief clerk of each county board of election commissioners. Requires the money from the State Board of Elections to be deposited by the county treasurer into a fund dedicated for that purpose, and requires the county payroll clerk to pay the stipend within 10 business days after those funds are deposited into the county fund. Provides that the stipend shall not be considered part of the recipient's base compensation and must be remitted to the recipient in addition to the recipient's annual salary or compensation. Provides that, beginning July 1, 2024, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend under the provisions. Effective immediately.


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A BILL FOR

 

HB5287LRB103 38167 AWJ 68300 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 Counties Code is amended by changing
5Section 4-6001 as follows:
 
6    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
7    Sec. 4-6001. Officers in counties of less than 2,000,000.
8    (a) In all counties of less than 2,000,000 inhabitants,
9the compensation of Coroners, County Treasurers, County
10Clerks, Recorders and Auditors shall be determined under this
11Section. The County Board in those counties shall fix the
12amount of the necessary clerk hire, stationery, fuel and other
13expenses of those officers. The compensation of those officers
14shall be separate from the necessary clerk hire, stationery,
15fuel and other expenses, and such compensation (except for
16coroners in those counties with less than 2,000,000 population
17in which the coroner's compensation is set in accordance with
18Section 4-6002) shall be fixed within the following limits:
19    To each such officer in counties containing less than
2014,000 inhabitants, not less than $13,500 per annum.
21    To each such officer in counties containing 14,000 or more
22inhabitants, but less than 30,000 inhabitants, not less than
23$14,500 per annum.

 

 

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1    To each such officer in counties containing 30,000 or more
2inhabitants but less than 60,000 inhabitants, not less than
3$15,000 per annum.
4    To each such officer 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 such officer in counties containing 100,000 or
8more inhabitants but less than 200,000 inhabitants, not less
9than $16,500 per annum.
10    To each such officer in counties containing 200,000 or
11more inhabitants but less than 300,000 inhabitants, not less
12than $18,000 per annum.
13    To each such officer in counties containing 300,000 or
14more inhabitants but less than 2,000,000 inhabitants, not less
15than $20,000 per annum.
16    (b) Those officers beginning a term of office before
17December 1, 1990 shall be compensated at the rate of their base
18salary. "Base salary" is the compensation paid for each of
19those offices, respectively, before July 1, 1989.
20    (c) Those officers 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    (d) In addition to but separate and apart from the
5compensation provided in this Section, the county clerk of
6each county, the recorder of each county, and the chief clerk
7of each county board of election commissioners shall receive
8an award as follows:
9        (1) $4,500 per year after January 1, 1998;
10        (2) $5,500 per year after January 1, 1999; and
11        (3) $6,500 per year after January 1, 2000.
12The total amount required for such awards each year shall be
13appropriated by the General Assembly to the State Board of
14Elections which shall distribute the awards in annual lump sum
15payments to the several county clerks, recorders, and chief
16election clerks. Beginning December 1, 1990, this annual
17award, and any other award or stipend paid out of State funds
18to county officers, shall not affect any other compensation
19provided by law to be paid to county officers.
20    For State fiscal years beginning on or after July 1, 2024,
21the State Board of Elections shall remit to each county the
22amount required for the stipend under this subsection. That
23money shall be deposited by the county treasurer into a fund
24dedicated for that purpose. The county payroll clerk shall pay
25the stipend as required by this subsection within 10 business
26days after those funds are deposited into the county fund. The

 

 

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1stipend shall not be considered part of the recipient's base
2compensation and must be remitted to the recipient in addition
3to the recipient's annual salary or compensation. Beginning
4July 1, 2024, the county shall be responsible for the State and
5federal income tax reporting and withholding as well as the
6employer contributions under the Illinois Pension Code on the
7stipend 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. No county
4board may reduce or otherwise impair the compensation payable
5from county funds to the auditor if the reduction or
6impairment is the result of the auditor receiving an award or
7stipend pursuant to this subsection.
8    Except as provided under subsection (d), for For State
9fiscal years beginning on or after July 1, 2023, the
10Department shall remit to each county the amount required for
11the stipend under this Section. That money shall be deposited
12by the county treasurer into a fund dedicated for that
13purpose. The county payroll clerk shall pay the stipend to the
14auditor within 10 business days after those funds are
15deposited into the county fund. The stipend shall not be
16considered part of the auditor's base compensation and must be
17remitted to the auditor in addition to the auditor's annual
18salary or compensation. Beginning July 1, 2023, the county
19shall be responsible for the State and federal income tax
20reporting and withholding as well as the employer
21contributions under the Illinois Pension Code on the stipend
22under this Section.
23(Source: P.A. 103-318, eff. 7-28-23.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.