Bill Text: IL HB1373 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1373 Detail]

Download: Illinois-2015-HB1373-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1373 Introduced , by Rep. Michelle Mussman 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.
LRB099 06593 AWJ 26666 b
A BILL FOR
HB1373 LRB099 06593 AWJ 26666 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 3-40 and 4-20 as follows:
(35 ILCS 200/3-40)
Sec. 3-40. Compensation of supervisors of assessments.
(a) A supervisor of assessments shall receive annual
compensation in an amount fixed by the county board subject to
the following minimum amounts:
In counties with less than 14,000 inhabitants, not less
than $7,500;
In counties with 14,000 or more but less than 30,000
inhabitants, not less than $8,000;
In counties with 30,000 or more but less than 60,000
inhabitants, not less than $9,000;
In counties with 60,000 or more but less than 100,000
inhabitants, not less than $10,000;
In counties with 100,000 or more but less than 200,000
inhabitants, not less than $11,500;
In counties with 200,000 or more but less than 300,000
inhabitants, not less than $13,000;
In counties with 300,000 or more but less than

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1,000,000 inhabitants, not less than $15,000.
For purposes of this subsection, the number of inhabitants
shall be determined by the latest Federal decennial or special
census of the county.
(b) Elected supervisors of assessments who began a term of
office before December 1, 1990 shall be compensated at the rate
of their base salary. "Base salary" is the compensation paid
for their position before July 1, 1989.
(c) Elected supervisors of assessments beginning a term of
office on or after December 1, 1990 shall, beginning December
1, 1993, receive their base salary plus at least 12% of base
salary.
Any supervisor of assessments who has been presented a
Certified Assessing Evaluator Certificate by the International
Association of Assessing Officers shall receive an additional
compensation of $500 per year to be paid out of funds
appropriated to the Department from the Personal Property Tax
Replacement Fund. No additional compensation shall be paid to
supervisors of assessments whose terms of office begin on or
after the effective date of this amendatory Act of the 99th
General Assembly.
The salary set by the county board shall be paid in equal
monthly installments out of the treasury of the county in which
he or she is appointed or elected. If the Department has
determined that the total assessed value of property in a
county, as equalized by the supervisor of assessments under

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

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For purposes of this Section, "coefficient of dispersion" means
the average deviation of all assessments from the median level.
For purposes of this Section, the number of inhabitants shall
be determined by the latest federal decennial census. When the
most recent census shows an increase in inhabitants to over
50,000 or a decrease to 50,000 or fewer, then the assessment
year used to compute the coefficient of dispersion and the most
recent year of the 3-year average level of assessments is the
year that determines qualification for additional
compensation. The Department will promulgate rules and
regulations to determine whether an assessor meets these
criteria.
Any assessor in a county of 50,000 or fewer inhabitants may
petition the Department for consideration to receive
additional compensation each year based on performance. In
order to receive the additional compensation, the assessments
in the official's assessment jurisdiction must meet the
following criteria: (i) the median level of assessments must be
no more than 35 1/3% and no less than 31 1/3% of fair cash value
of property in his or her assessment jurisdiction; and (ii) the
coefficient of dispersion must not be greater than 40% in 1994,
38% in 1995, 36% in 1996, 34% in 1997, 32% in 1998, and 30% in
1999 and every year thereafter.
Real estate transfer declarations used by the Department in
annual sales-assessment ratio studies will be used to evaluate
applications for additional compensation. The Department will

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audit other property to determine if the sales-assessment ratio
study data is representative of the assessment jurisdiction. If
the ratio study is found not representative, appraisals and
other information may be utilized. If the ratio study is
representative, upon certification by the Department, the
assessor shall receive additional compensation of $3,000 for
that year, to be paid out of funds appropriated to the
Department from the Personal Property Tax Replacement Fund.
No additional compensation shall be paid to assessors whose
terms of office begin on or after the effective date of this
amendatory Act of the 99th General Assembly.
As used in this Section, "assessor" means any township or
multi-township assessor, or supervisor of assessments.
(Source: P.A. 97-72, eff. 7-1-11.)
Section 10. The Counties Code is amended by changing
Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
follows:
(55 ILCS 5/3-10007) (from Ch. 34, par. 3-10007)
Sec. 3-10007. Annual stipend. In addition to all other
compensation provided by law, every elected county treasurer,
for additional duties mandated by State law, shall receive an
annual stipend of (i) $5,000 if his or her term begins before
December 1, 1998, (ii) $5,500 after December 1, 1998 and $6,500
after December 1, 1999 if his or her term begins on or after

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December 1, 1998 but before December 1, 2000, and (iii) $6,500
if his or her term begins December 1, 2000 or thereafter, to be
annually appropriated from the Personal Property Tax
Replacement Fund by the General Assembly to the Department of
Revenue which shall distribute the awards in annual lump sum
payments to every elected county treasurer. This annual stipend
shall not affect any other compensation provided by law to be
paid to elected county treasurers. No county board may reduce
or otherwise impair the compensation payable from county funds
to an elected county treasurer if such reduction or impairment
is the result of his receiving an annual stipend under this
Section. No stipend shall be paid to county treasurers whose
terms of office begin on or after the effective date of this
amendatory Act of the 99th General Assembly.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001)
Sec. 4-6001. Officers in counties of less than 2,000,000.
(a) In all counties of less than 2,000,000 inhabitants, the
compensation of Coroners, County Treasurers, County Clerks,
Recorders and Auditors shall be determined under this Section.
The County Board in those counties shall fix the amount of the
necessary clerk hire, stationery, fuel and other expenses of
those officers. The compensation of those officers shall be
separate from the necessary clerk hire, stationery, fuel and
other expenses, and such compensation (except for coroners in

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

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those offices, respectively, before July 1, 1989.
(c) Those officers beginning a term of office on or after
December 1, 1990 shall be compensated as follows:
(1) Beginning December 1, 1990, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1991, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1992, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1993, base salary plus at
least 12% of base salary.
(d) In addition to but separate and apart from the
compensation provided in this Section, the county clerk of each
county, the recorder of each county, and the chief clerk of
each county board of election commissioners shall receive an
award as follows:
(1) $4,500 per year after January 1, 1998;
(2) $5,500 per year after January 1, 1999; and
(3) $6,500 per year after January 1, 2000.
The total amount required for such awards each year shall be
appropriated by the General Assembly to the State Board of
Elections which shall distribute the awards in annual lump sum
payments to the several county clerks, recorders, and chief
election clerks. Beginning December 1, 1990, this annual award,
and any other award or stipend paid out of State funds to
county officers, shall not affect any other compensation

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provided by law to be paid to county officers. No stipend shall
be paid to county officers whose terms of office begin on or
after the effective date of this amendatory Act of the 99th
General Assembly.
(e) Beginning December 1, 1990, no county board may reduce
or otherwise impair the compensation payable from county funds
to a county officer if the reduction or impairment is the
result of the county officer receiving an award or stipend
payable from State funds.
(f) The compensation, necessary clerk hire, stationery,
fuel and other expenses of the county auditor, as fixed by the
county board, shall be paid by the county.
(g) The population of all counties for the purpose of
fixing compensation, as herein provided, shall be based upon
the last Federal census immediately previous to the election of
the officer in question in each county.
(h) With respect to an auditor who takes office on or after
the effective date of this amendatory Act of the 95th General
Assembly, the auditor shall receive an annual stipend of $6,500
per year. The General Assembly shall appropriate the total
amount required for the stipend each year from the Personal
Property Tax Replacement Fund to the Department of Revenue, and
the Department of Revenue shall distribute the awards in an
annual lump sum payment to each county auditor. The stipend
shall be in addition to, but separate and apart from, the
compensation provided in this Section. No stipend shall be paid

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to auditors whose terms of office begin on or after the
effective date of this amendatory Act of the 99th General
Assembly. No county board may reduce or otherwise impair the
compensation payable from county funds to the auditor if the
reduction or impairment is the result of the auditor receiving
an award or stipend pursuant to this subsection.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002)
Sec. 4-6002. Coroners in counties of less than 2,000,000.
(a) The County Board, in all counties of less than
2,000,000 inhabitants, shall fix the compensation of Coroners
within the limitations fixed by this Division, and shall
appropriate for their necessary clerk hire, stationery, fuel,
supplies, and other expenses. The compensation of the Coroner
shall be fixed separately from his necessary clerk hire,
stationery, fuel and other expenses, and such compensation
shall be fixed within the following limits:
To each Coroner in counties containing less than 5,000
inhabitants, not less than $4,500 per annum.
To each Coroner in counties containing 5,000 or more
inhabitants but less than 14,000 inhabitants, not less than
$6,000 per annum.
To each Coroner in counties containing 14,000 or more
inhabitants, but less than 30,000 inhabitants, not less than
$9,000 per annum.

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

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(3) Beginning December 1, 1992, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1993, base salary plus at
least 12% of base salary.
"Base salary", as used in this subsection (b), means the
salary in effect before July 1, 1989.
(c) In addition to, but separate and apart from, the
compensation provided in this Section, subject to
appropriation, the coroner of each county shall receive an
annual stipend of $6,500 to be paid by the Illinois Department
of Revenue out of the Personal Property Tax Replacement Fund if
his or her term begins on or after December 1, 2000. No stipend
shall be paid to coroners whose terms of office begin on or
after the effective date of this amendatory Act of the 99th
General Assembly.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6003) (from Ch. 34, par. 4-6003)
Sec. 4-6003. Compensation of sheriffs for certain expenses
in counties of less than 2,000,000.
(a) The County Board, in all counties of less than
2,000,000 inhabitants, shall fix the compensation of sheriffs,
with the amount of their necessary clerk hire, stationery, fuel
and other expenses. The county shall supply the sheriff with
all necessary uniforms, guns and ammunition. The compensation
of each such officer shall be fixed separately from his

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necessary clerk hire, stationery, fuel and other expenses.
Beginning immediately, no county with a population under
2,000,000 may reduce the rate of compensation of its sheriff
below the rate of compensation that it was actually paying to
its sheriff on January 1, 2002 or the effective date of this
amendatory Act of the 92nd General Assembly, whichever is
greater.
(b) In addition to the requirement of subsection (a), the
rate of compensation payable to the sheriff by the county shall
not be less than the following:
To each such sheriff in counties containing less than
10,000 inhabitants, not less than $27,000 per annum.
To each such sheriff in counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, not less than
$31,000 per annum.
To each such sheriff in counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, not less than
$34,000 per annum.
To each such sheriff in counties containing 30,000 or more
inhabitants but less than 60,000 inhabitants, not less than
$37,000 per annum.
To each such sheriff in counties containing 60,000 or more
inhabitants but less than 100,000 inhabitants, not less than
$40,000 per annum.
To each such sheriff in counties containing 100,000 or more
inhabitants but less than 2,000,000 inhabitants, not less than

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$43,000 per annum.
The population of each county for the purpose of fixing
compensation as herein provided, shall be based upon the last
federal census immediately previous to the election of the
sheriff in question in such county.
(c) (Blank).
(d) In addition to the salary provided for in subsections
(a), (b), and (c), beginning December 1, 1998, subject to
appropriation, each sheriff, for his or her additional duties
imposed by other statutes or laws, shall receive an annual
stipend to be paid by the Illinois Department of Revenue out of
the Personal Property Tax Replacement Fund in the amount of
$6,500. No stipend shall be paid to any sheriff whose term of
office begins on or after the effective date of this amendatory
Act of the 99th General Assembly.
(e) No county board may reduce or otherwise impair the
compensation payable from county funds to a sheriff if the
reduction or impairment is the result of the sheriff receiving
an award or stipend payable from State funds.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-8002) (from Ch. 34, par. 4-8002)
Sec. 4-8002. Additional compensation of sheriff and
recorder.
(a) In addition to any salary otherwise provided by law,
beginning December 1, 1998, subject to appropriation, the

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sheriff of Cook County for his or her additional duties imposed
by other statutes or laws shall receive an annual stipend to be
paid by the Illinois Department of Revenue out of the Personal
Property Tax Replacement Fund in the amount of $6,500. However,
no such stipend shall be paid to any sheriff of Cook County
whose term of office begins on or after the effective date of
this amendatory Act of the 99th General Assembly. The county
board shall not reduce or otherwise impair the compensation
payable from county funds to the sheriff if the reduction or
impairment is the result of the sheriff receiving a stipend
payable from State funds.
(b) In addition to any salary otherwise provided by law,
beginning December 1, 2000, subject to appropriation, the
recorder of deeds of Cook County for his or her additional
duties imposed by law shall receive an annual stipend to be
paid by the State in an amount equal to the stipend paid to
each recorder in other counties under subsection (d) of Section
4-6001 of this Code. However, no such stipend shall be paid to
any recorder of deeds of Cook County whose term of office
begins on or after the effective date of this amendatory Act of
the 99th General Assembly. The county board may not reduce or
otherwise impair the compensation payable from county funds to
the recorder of deeds if the reduction or impairment is the
result of the recorder of deeds receiving a stipend payable
from State funds.
(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)

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

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

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