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Full Text of HB5508  97th General Assembly

HB5508 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5508

 

Introduced 2/15/2012, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Property Tax Code. Provides that beginning July 1, 2012, supervisors of assessments in counties with a population under 150,000 shall receive a full stipend amount, supervisors of assessments in counties with a population of 150,000 or more but less than 400,000 shall receive 50% of that amount, and supervisors of assessments in counties with a population of 400,000 or more shall receive no stipend. Amends the Counties Code. Provides that beginning July 1, 2012, county treasurers, coroners, recorders, auditors, and sheriffs in counties with a population under 150,000 shall receive a full stipend amount, county treasurers, coroners, recorders, auditors, and sheriffs in counties with a population of 150,000 or more but less than 400,000 shall receive 50% of that amount, and county treasurers, coroners, recorders, auditors, and sheriffs in counties with a population of 400,000 or more shall receive no stipend. Further provides that beginning July 1, 2012, the Cook County sheriff and recorder shall receive no stipend. Amends the Clerks of the Courts Act. Provides that beginning July 1, 2012, Clerks of the Circuit Court in counties with a population under 150,000 shall receive a full stipend amount, Clerks of the Circuit Court in counties with a population of 150,000 or more but less than 400,000 shall receive 50% of that amount, and Clerks of the Circuit Court in counties with a population of 400,000 or more shall receive no stipend. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5508LRB097 16424 KMW 61587 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
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. Beginning July 1, 2012, supervisors of
19assessments in counties with a population under 150,000 shall
20receive a full stipend amount, supervisors of assessments in
21counties with a population of 150,000 or more but less than
22400,000 shall receive 50% of that amount, and supervisors of
23assessments in counties with a population of 400,000 or more
24shall receive no stipend.
25    The salary set by the county board shall be paid in equal
26monthly installments out of the treasury of the county in which

 

 

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1he or she is appointed or elected. If the Department has
2determined that the total assessed value of property in a
3county, as equalized by the supervisor of assessments under
4Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
5cash value of property in the county, subject to appropriation,
6the Department shall reimburse the county monthly from the
7Personal Property Tax Replacement Fund 50% of the amount of
8salary the county paid to the officer for the preceding month.
9    The county board shall provide necessary office space for
10the officer and pay all necessary expenses of the office out of
11the county treasury.
12    Each supervisor of assessments may, with the advice and
13consent of the county board, appoint necessary deputies and
14clerks, their compensation to be fixed by the county board and
15paid by the county.
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

 

 

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1December 1, 1998, (ii) $5,500 after December 1, 1998 and $6,500
2after December 1, 1999 if his or her term begins on or after
3December 1, 1998 but before December 1, 2000, and (iii) $6,500
4if his or her term begins December 1, 2000 or thereafter, to be
5annually appropriated from the Personal Property Tax
6Replacement Fund by the General Assembly to the Department of
7Revenue which shall distribute the awards in annual lump sum
8payments to every elected county treasurer. However, beginning
9July 1, 2012, treasurers in counties with a population under
10150,000 shall receive a full stipend amount, treasurers in
11counties with a population of 150,000 or more but less than
12400,000 shall receive 50% of that amount, and treasurers in
13counties with a population of 400,000 or more shall receive no
14stipend. This annual stipend shall not affect any other
15compensation provided by law to be paid to elected county
16treasurers. No county board may reduce or otherwise impair the
17compensation payable from county funds to an elected county
18treasurer if such reduction or impairment is the result of his
19receiving an annual stipend under this Section.
20(Source: P.A. 97-72, eff. 7-1-11.)
 
21    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
22    Sec. 4-6001. Officers in counties of less than 2,000,000.
23    (a) In all counties of less than 2,000,000 inhabitants, the
24compensation of Coroners, County Treasurers, County Clerks,
25Recorders and Auditors shall be determined under this Section.

 

 

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1The County Board in those counties shall fix the amount of the
2necessary clerk hire, stationery, fuel and other expenses of
3those officers. The compensation of those officers shall be
4separate from the necessary clerk hire, stationery, fuel and
5other expenses, and such compensation (except for coroners in
6those counties with less than 2,000,000 population in which the
7coroner's compensation is set in accordance with Section
84-6002) shall be fixed within the following limits:
9    To each such officer in counties containing less than
1014,000 inhabitants, not less than $13,500 per annum.
11    To each such officer in counties containing 14,000 or more
12inhabitants, but less than 30,000 inhabitants, not less than
13$14,500 per annum.
14    To each such officer in counties containing 30,000 or more
15inhabitants but less than 60,000 inhabitants, not less than
16$15,000 per annum.
17    To each such officer in counties containing 60,000 or more
18inhabitants but less than 100,000 inhabitants, not less than
19$15,000 per annum.
20    To each such officer in counties containing 100,000 or more
21inhabitants but less than 200,000 inhabitants, not less than
22$16,500 per annum.
23    To each such officer in counties containing 200,000 or more
24inhabitants but less than 300,000 inhabitants, not less than
25$18,000 per annum.
26    To each such officer in counties containing 300,000 or more

 

 

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1inhabitants but less than 2,000,000 inhabitants, not less than
2$20,000 per annum.
3    (b) Those officers beginning a term of office before
4December 1, 1990 shall be compensated at the rate of their base
5salary. "Base salary" is the compensation paid for each of
6those offices, respectively, before July 1, 1989.
7    (c) Those officers beginning a term of office on or after
8December 1, 1990 shall be compensated as follows:
9        (1) Beginning December 1, 1990, base salary plus at
10    least 3% of base salary.
11        (2) Beginning December 1, 1991, base salary plus at
12    least 6% of base salary.
13        (3) Beginning December 1, 1992, base salary plus at
14    least 9% of base salary.
15        (4) Beginning December 1, 1993, base salary plus at
16    least 12% of base salary.
17    (d) In addition to but separate and apart from the
18compensation provided in this Section, the county clerk of each
19county, the recorder of each county, and the chief clerk of
20each county board of election commissioners shall receive an
21award as follows:
22        (1) $4,500 per year after January 1, 1998;
23        (2) $5,500 per year after January 1, 1999; and
24        (3) $6,500 per year after January 1, 2000.
25The total amount required for such awards each year shall be
26appropriated by the General Assembly to the State Board of

 

 

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1Elections which shall distribute the awards in annual lump sum
2payments to the several county clerks, recorders, and chief
3election clerks. Beginning December 1, 1990, this annual award,
4and any other award or stipend paid out of State funds to
5county officers, shall not affect any other compensation
6provided by law to be paid to county officers. However,
7beginning July 1, 2012, county officers in counties with a
8population under 150,000 shall receive a full stipend amount,
9county officers in counties with a population of 150,000 or
10more but less than 400,000 shall receive 50% of that amount,
11and county officers in counties with a population of 400,000 or
12more shall receive no stipend.
13    (e) Beginning December 1, 1990, no county board may reduce
14or otherwise impair the compensation payable from county funds
15to a county officer if the reduction or impairment is the
16result of the county officer receiving an award or stipend
17payable from State funds.
18    (f) The compensation, necessary clerk hire, stationery,
19fuel and other expenses of the county auditor, as fixed by the
20county board, shall be paid by the county.
21    (g) The population of all counties for the purpose of
22fixing compensation, as herein provided, shall be based upon
23the last Federal census immediately previous to the election of
24the officer in question in each county.
25    (h) With respect to an auditor who takes office on or after
26the effective date of this amendatory Act of the 95th General

 

 

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1Assembly, the auditor shall receive an annual stipend of $6,500
2per year. The General Assembly shall appropriate the total
3amount required for the stipend each year from the Personal
4Property Tax Replacement Fund to the Department of Revenue, and
5the Department of Revenue shall distribute the awards in an
6annual lump sum payment to each county auditor. The stipend
7shall be in addition to, but separate and apart from, the
8compensation provided in this Section. However, beginning July
91, 2012, county auditors in counties with a population under
10150,000 shall receive a full stipend amount, county auditors in
11counties with a population of 150,000 or more but less than
12400,000 shall receive 50% of that amount, and county auditors
13in counties with a population of 400,000 or more shall receive
14no stipend. No county board may reduce or otherwise impair the
15compensation payable from county funds to the auditor if the
16reduction or impairment is the result of the auditor receiving
17an award or stipend pursuant to this subsection.
18(Source: P.A. 97-72, eff. 7-1-11.)
 
19    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
20    Sec. 4-6002. Coroners in counties of less than 2,000,000.
21    (a) The County Board, in all counties of less than
222,000,000 inhabitants, shall fix the compensation of Coroners
23within the limitations fixed by this Division, and shall
24appropriate for their necessary clerk hire, stationery, fuel,
25supplies, and other expenses. The compensation of the Coroner

 

 

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

 

 

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1    The population of all counties for the purpose of fixing
2compensation, as herein provided, shall be based upon the last
3Federal census immediately previous to the election of the
4Coroner in question in each county. This Section does not apply
5to a county which has abolished the elective office of coroner.
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.
18    (c) In addition to, but separate and apart from, the
19compensation provided in this Section, subject to
20appropriation, the coroner of each county shall receive an
21annual stipend of $6,500 to be paid by the Illinois Department
22of Revenue out of the Personal Property Tax Replacement Fund if
23his or her term begins on or after December 1, 2000. However,
24beginning July 1, 2012, coroners in counties with a population
25under 150,000 shall receive a full stipend amount, coroners in
26counties with a population of 150,000 or more but less than

 

 

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1400,000 shall receive 50% of that amount, and coroners in
2counties with a population of 400,000 or more shall receive no
3stipend.
4(Source: P.A. 97-72, eff. 7-1-11.)
 
5    (55 ILCS 5/4-6003)  (from Ch. 34, par. 4-6003)
6    Sec. 4-6003. Compensation of sheriffs for certain expenses
7in counties of less than 2,000,000.
8    (a) The County Board, in all counties of less than
92,000,000 inhabitants, shall fix the compensation of sheriffs,
10with the amount of their necessary clerk hire, stationery, fuel
11and other expenses. The county shall supply the sheriff with
12all necessary uniforms, guns and ammunition. The compensation
13of each such officer shall be fixed separately from his
14necessary clerk hire, stationery, fuel and other expenses.
15Beginning immediately, no county with a population under
162,000,000 may reduce the rate of compensation of its sheriff
17below the rate of compensation that it was actually paying to
18its sheriff on January 1, 2002 or the effective date of this
19amendatory Act of the 92nd General Assembly, whichever is
20greater.
21    (b) In addition to the requirement of subsection (a), the
22rate of compensation payable to the sheriff by the county shall
23not be less than the following:
24    To each such sheriff in counties containing less than
2510,000 inhabitants, not less than $27,000 per annum.

 

 

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1    To each such sheriff in counties containing 10,000 or more
2inhabitants but less than 20,000 inhabitants, not less than
3$31,000 per annum.
4    To each such sheriff in counties containing 20,000 or more
5inhabitants but less than 30,000 inhabitants, not less than
6$34,000 per annum.
7    To each such sheriff in counties containing 30,000 or more
8inhabitants but less than 60,000 inhabitants, not less than
9$37,000 per annum.
10    To each such sheriff in counties containing 60,000 or more
11inhabitants but less than 100,000 inhabitants, not less than
12$40,000 per annum.
13    To each such sheriff in counties containing 100,000 or more
14inhabitants but less than 2,000,000 inhabitants, not less than
15$43,000 per annum.
16    The population of each county for the purpose of fixing
17compensation as herein provided, shall be based upon the last
18federal census immediately previous to the election of the
19sheriff in question in such county.
20    (c) (Blank).
21    (d) In addition to the salary provided for in subsections
22(a), (b), and (c), beginning December 1, 1998, subject to
23appropriation, each sheriff, for his or her additional duties
24imposed by other statutes or laws, shall receive an annual
25stipend to be paid by the Illinois Department of Revenue out of
26the Personal Property Tax Replacement Fund in the amount of

 

 

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1$6,500. However, beginning July 1, 2012, sheriffs in counties
2with a population under 150,000 shall receive a full stipend
3amount, sheriffs in counties with a population of 150,000 or
4more but less than 400,000 shall receive 50% of that amount,
5and sheriffs in counties with a population of 400,000 or more
6shall receive no stipend.
7    (e) No county board may reduce or otherwise impair the
8compensation payable from county funds to a sheriff if the
9reduction or impairment is the result of the sheriff receiving
10an award or stipend payable from State funds.
11(Source: P.A. 97-72, eff. 7-1-11.)
 
12    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
13    Sec. 4-8002. Additional compensation of sheriff and
14recorder.
15    (a) In addition to any salary otherwise provided by law,
16beginning December 1, 1998, subject to appropriation, the
17sheriff of Cook County for his or her additional duties imposed
18by other statutes or laws shall receive an annual stipend to be
19paid by the Illinois Department of Revenue out of the Personal
20Property Tax Replacement Fund in the amount of $6,500. However,
21beginning July 1, 2012, the sheriff of Cook County shall
22receive no stipend. The county board shall not reduce or
23otherwise impair the compensation payable from county funds to
24the sheriff if the reduction or impairment is the result of the
25sheriff receiving a stipend payable from State funds.

 

 

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1    (b) In addition to any salary otherwise provided by law,
2beginning December 1, 2000, subject to appropriation, the
3recorder of deeds of Cook County for his or her additional
4duties imposed by law shall receive an annual stipend to be
5paid by the State in an amount equal to the stipend paid to
6each recorder in other counties under subsection (d) of Section
74-6001 of this Code. However, beginning July 1, 2012, the
8recorder of deeds of Cook County shall receive no stipend. The
9county board may not reduce or otherwise impair the
10compensation payable from county funds to the recorder of deeds
11if the reduction or impairment is the result of the recorder of
12deeds receiving a stipend payable from State funds.
13(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
 
14    Section 15. The Clerks of Courts Act is amended by changing
15Section 27.3 as follows:
 
16    (705 ILCS 105/27.3)  (from Ch. 25, par. 27.3)
17    Sec. 27.3. Compensation.
18    (a) The county board shall provide the compensation of
19Clerks of the Circuit Court, and the amount necessary for clerk
20hire, stationery, fuel and other expenses. Beginning December
211, 1989, the compensation per annum for Clerks of the Circuit
22Court shall be as follows:
23    In counties where the population is:
24Less than 14,000.......................at least $13,500

 

 

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114,001-30,000..........................at least $14,500
230,001-60,000..........................at least $15,000
360,001-100,000.........................at least $15,000
4100,001-200,000........................at least $16,500
5200,001-300,000........................at least $18,000
6300,001- 3,000,000.....................at least $20,000
7Over 3,000,000.........................at least $55,000
8    (b) In counties in which the population is 3,000,000 or
9less, "base salary" is the compensation paid for each Clerk of
10the Circuit Court, respectively, before July 1, 1989.
11    (c) The Clerks of the Circuit Court, in counties in which
12the population is 3,000,000 or less, shall be compensated as
13follows:
14        (1) Beginning December 1, 1989, base salary plus at
15    least 3% of base salary.
16        (2) Beginning December 1, 1990, base salary plus at
17    least 6% of base salary.
18        (3) Beginning December 1, 1991, base salary plus at
19    least 9% of base salary.
20        (4) Beginning December 1, 1992, base salary plus at
21    least 12% of base salary.
22    (d) In addition to the compensation provided by the county
23board, each Clerk of the Circuit Court shall receive an award
24from the State for the additional duties imposed by Sections
255-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
2610 of the Violent Crime Victims Assistance Act, Section 16-104a

 

 

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1of the Illinois Vehicle Code, and other laws, in the following
2amount:
3    (1) $3,500 per year before January 1, 1997.
4    (2) $4,500 per year beginning January 1, 1997.
5    (3) $5,500 per year beginning January 1, 1998.
6    (4) $6,500 per year beginning January 1, 1999.
7The total amount required for such awards shall be appropriated
8each year by the General Assembly to the Supreme Court, which
9shall distribute such awards in annual lump sum payments to the
10Clerks of the Circuit Court in all counties. However, beginning
11July 1, 2012, Clerks of the Circuit Court in counties with a
12population under 150,000 shall receive a full stipend amount,
13Clerks of the Circuit Court in counties with a population of
14150,000 or more but less than 400,000 shall receive 50% of that
15amount, and Clerks of the Circuit Court in counties with a
16population of 400,000 or more shall receive no stipend. This
17annual award, and any other award or stipend paid out of State
18funds to the Clerks of the Circuit Court, shall not affect any
19other compensation provided by law to be paid to Clerks of the
20Circuit Court.
21    (e) Also in addition to the compensation provided by the
22county board, Clerks of the Circuit Court in counties in which
23one or more State correctional institutions are located shall
24receive a minimum reimbursement in the amount of $2,500 per
25year for administrative assistance to perform services in
26connection with the State correctional institution, payable

 

 

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1monthly from the State Treasury to the treasurer of the county
2in which the additional staff is employed. Counties whose State
3correctional institution inmate population exceeds 250 shall
4receive reimbursement in the amount of $2,500 per 250 inmates.
5This subsection (e) shall not apply to staff added before
6November 29, 1990.
7    For purposes of this subsection (e), "State correctional
8institution" means any facility of the Department of
9Corrections, including without limitation adult facilities,
10juvenile facilities, pre-release centers, community correction
11centers, and work camps.
12    (f) No county board may reduce or otherwise impair the
13compensation payable from county funds to a Clerk of the
14Circuit Court if the reduction or impairment is the result of
15the Clerk of the Circuit Court receiving an award or stipend
16payable from State funds.
17(Source: P.A. 92-114, eff. 1-1-02.)
 
18    Section 20. The State Mandates Act is amended by adding
19Section 8.36 as follows:
 
20    (30 ILCS 805/8.36 new)
21    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
22of this Act, no reimbursement by the State is required for the
23implementation of any mandate created by this amendatory Act of
24the 97th General Assembly.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    35 ILCS 200/3-40
4    55 ILCS 5/3-10007from Ch. 34, par. 3-10007
5    55 ILCS 5/4-6001from Ch. 34, par. 4-6001
6    55 ILCS 5/4-6002from Ch. 34, par. 4-6002
7    55 ILCS 5/4-6003from Ch. 34, par. 4-6003
8    55 ILCS 5/4-8002from Ch. 34, par. 4-8002
9    705 ILCS 105/27.3from Ch. 25, par. 27.3
10    30 ILCS 805/8.36 new