Bill Text: IL HB1197 | 2013-2014 | 98th General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1197 Detail]

Download: Illinois-2013-HB1197-Amended.html

Rep. Joe Sosnowski

Filed: 2/26/2013

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1
AMENDMENT TO HOUSE BILL 1197
2 AMENDMENT NO. ______. Amend House Bill 1197 by replacing
3everything after the enacting clause with the following:
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;

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1 In counties with 60,000 or more but less than 100,000
2 inhabitants, not less than $10,000;
3 In counties with 100,000 or more but less than 200,000
4 inhabitants, not less than $11,500;
5 In counties with 200,000 or more but less than 300,000
6 inhabitants, not less than $13,000;
7 In counties with 300,000 or more but less than
8 1,000,000 inhabitants, not less than $15,000.
9For purposes of this subsection, the number of inhabitants
10shall be determined by the latest Federal decennial or special
11census of the county.
12 (b) Elected supervisors of assessments who began a term of
13office before December 1, 1990 shall be compensated at the rate
14of their base salary. "Base salary" is the compensation paid
15for their position before July 1, 1989.
16 (c) Elected supervisors of assessments beginning a term of
17office on or after December 1, 1990 shall, beginning December
181, 1993, receive their base salary plus at least 12% of base
19salary.
20 Any supervisor of assessments who has been presented a
21Certified Assessing Evaluator Certificate by the International
22Association of Assessing Officers shall receive an additional
23compensation of $500 per year to be paid out of funds
24appropriated to the Department from the Personal Property Tax
25Replacement Fund. Notwithstanding any other provision of law,
26supervisors of assessments in counties with a population of

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1100,000 or more but less than 400,000 whose terms of office
2begin on or after the effective date of this amendatory Act of
3the 98th General Assembly shall receive 50% of the stipend
4amount set forth in this Section, and supervisors of
5assessments in counties with a population of 400,000 or more
6whose terms of office begin on or after the effective date of
7this amendatory Act of the 98th General Assembly shall receive
8no stipend.
9 The salary set by the county board shall be paid in equal
10monthly installments out of the treasury of the county in which
11he or she is appointed or elected. If the Department has
12determined that the total assessed value of property in a
13county, as equalized by the supervisor of assessments under
14Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
15cash value of property in the county, subject to appropriation,
16the Department shall reimburse the county monthly from the
17Personal Property Tax Replacement Fund 50% of the amount of
18salary the county paid to the officer for the preceding month.
19 The county board shall provide necessary office space for
20the officer and pay all necessary expenses of the office out of
21the county treasury.
22 Each supervisor of assessments may, with the advice and
23consent of the county board, appoint necessary deputies and
24clerks, their compensation to be fixed by the county board and
25paid by the county.
26(Source: P.A. 97-72, eff. 7-1-11.)

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1 Section 10. The Counties Code is amended by changing
2Sections 3-10007, 4-6001, 4-6002, 4-6003, and 4-8002 as
3follows:
4 (55 ILCS 5/3-10007) (from Ch. 34, par. 3-10007)
5 Sec. 3-10007. Annual stipend. In addition to all other
6compensation provided by law, every elected county treasurer,
7for additional duties mandated by State law, shall receive an
8annual stipend of (i) $5,000 if his or her term begins before
9December 1, 1998, (ii) $5,500 after December 1, 1998 and $6,500
10after December 1, 1999 if his or her term begins on or after
11December 1, 1998 but before December 1, 2000, and (iii) $6,500
12if his or her term begins December 1, 2000 or thereafter, to be
13annually appropriated from the Personal Property Tax
14Replacement Fund by the General Assembly to the Department of
15Revenue which shall distribute the awards in annual lump sum
16payments to every elected county treasurer. Notwithstanding
17any other provision of law, treasurers in counties with a
18population of 100,000 or more but less than 400,000 whose terms
19of office begin on or after the effective date of this
20amendatory Act of the 98th General Assembly shall receive 50%
21of the full stipend amount set forth in this Section, and
22treasurers in counties with a population of 400,000 or more
23whose terms of office begin on or after the effective date of
24this amendatory Act of the 98th General Assembly shall receive

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1no stipend. This annual stipend shall not affect any other
2compensation provided by law to be paid to elected county
3treasurers. No county board may reduce or otherwise impair the
4compensation payable from county funds to an elected county
5treasurer if such reduction or impairment is the result of his
6receiving an annual stipend under this Section.
7(Source: P.A. 97-72, eff. 7-1-11.)
8 (55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001)
9 Sec. 4-6001. Officers in counties of less than 2,000,000.
10 (a) In all counties of less than 2,000,000 inhabitants, the
11compensation of Coroners, County Treasurers, County Clerks,
12Recorders and Auditors shall be determined under this Section.
13The County Board in those counties shall fix the amount of the
14necessary clerk hire, stationery, fuel and other expenses of
15those officers. The compensation of those officers shall be
16separate from the necessary clerk hire, stationery, fuel and
17other expenses, and such compensation (except for coroners in
18those counties with less than 2,000,000 population in which the
19coroner's compensation is set in accordance with Section
204-6002) shall be fixed within the following limits:
21 To each such officer in counties containing less than
2214,000 inhabitants, not less than $13,500 per annum.
23 To each such officer in counties containing 14,000 or more
24inhabitants, but less than 30,000 inhabitants, not less than
25$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 more
8inhabitants but less than 200,000 inhabitants, not less than
9$16,500 per annum.
10 To each such officer 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 such officer in counties containing 300,000 or more
14inhabitants but less than 2,000,000 inhabitants, not less than
15$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 each
6county, the recorder of each county, and the chief clerk of
7each county board of election commissioners shall receive an
8award 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 award,
17and any other award or stipend paid out of State funds to
18county officers, shall not affect any other compensation
19provided by law to be paid to county officers. Notwithstanding
20any other provision of law, county clerks, recorders, and chief
21election clerks in counties with a population of 100,000 or
22more but less than 400,000 whose terms of office begin on or
23after the effective date of this amendatory Act of the 98th
24General Assembly shall receive 50% of the full stipend amount
25set forth in this Section, and county clerks, recorders, and
26chief election clerks in counties with a population of 400,000

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1or more whose terms of office begin on or after the effective
2date of this amendatory Act of the 98th General Assembly shall
3receive no stipend.
4 (e) Beginning December 1, 1990, no county board may reduce
5or otherwise impair the compensation payable from county funds
6to a county officer if the reduction or impairment is the
7result of the county officer receiving an award or stipend
8payable from State funds.
9 (f) The compensation, necessary clerk hire, stationery,
10fuel and other expenses of the county auditor, as fixed by the
11county board, shall be paid by the county.
12 (g) The population of all counties for the purpose of
13fixing compensation, as herein provided, shall be based upon
14the last Federal census immediately previous to the election of
15the officer in question in each county.
16 (h) With respect to an auditor who takes office on or after
17the effective date of this amendatory Act of the 95th General
18Assembly, the auditor shall receive an annual stipend of $6,500
19per year. The General Assembly shall appropriate the total
20amount required for the stipend each year from the Personal
21Property Tax Replacement Fund to the Department of Revenue, and
22the Department of Revenue shall distribute the awards in an
23annual lump sum payment to each county auditor. The stipend
24shall be in addition to, but separate and apart from, the
25compensation provided in this Section. Notwithstanding any
26other provision of law, county auditors in counties with a

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1population of 100,000 or more but less than 400,000 whose terms
2of office begin on or after the effective date of this
3amendatory Act of the 98th General Assembly shall receive 50%
4of the full stipend amount set forth in this Section, and
5county auditors in counties with a population of 400,000 or
6more whose terms of office begin on or after the effective date
7of this amendatory Act of the 98th General Assembly shall
8receive no stipend. No county board may reduce or otherwise
9impair the compensation payable from county funds to the
10auditor if the reduction or impairment is the result of the
11auditor receiving an award or stipend pursuant to this
12subsection.
13(Source: P.A. 97-72, eff. 7-1-11.)
14 (55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002)
15 Sec. 4-6002. Coroners in counties of less than 2,000,000.
16 (a) The County Board, in all counties of less than
172,000,000 inhabitants, shall fix the compensation of Coroners
18within the limitations fixed by this Division, and shall
19appropriate for their necessary clerk hire, stationery, fuel,
20supplies, and other expenses. The compensation of the Coroner
21shall be fixed separately from his necessary clerk hire,
22stationery, fuel and other expenses, and such compensation
23shall be fixed within the following limits:
24 To each Coroner in counties containing less than 5,000
25inhabitants, not less than $4,500 per annum.

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1 To each Coroner in counties containing 5,000 or more
2inhabitants but less than 14,000 inhabitants, not less than
3$6,000 per annum.
4 To each Coroner in counties containing 14,000 or more
5inhabitants, but less than 30,000 inhabitants, not less than
6$9,000 per annum.
7 To each Coroner in counties containing 30,000 or more
8inhabitants, but less than 60,000 inhabitants, not less than
9$14,000 per annum.
10 To each Coroner in counties containing 60,000 or more
11inhabitants, but less than 100,000 inhabitants, not less than
12$15,000 per annum.
13 To each Coroner in counties containing 100,000 or more
14inhabitants, but less than 200,000 inhabitants, not less than
15$16,500 per annum.
16 To each Coroner in counties containing 200,000 or more
17inhabitants, but less than 300,000 inhabitants, not less than
18$18,000 per annum.
19 To each Coroner in counties containing 300,000 or more
20inhabitants, but less than 2,000,000 inhabitants, not less than
21$20,000 per annum.
22 The population of all counties for the purpose of fixing
23compensation, as herein provided, shall be based upon the last
24Federal census immediately previous to the election of the
25Coroner in question in each county. This Section does not apply
26to a county which has abolished the elective office of coroner.

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1 (b) Those coroners beginning a term of office on or after
2December 1, 1990 shall be compensated as follows:
3 (1) Beginning December 1, 1990, base salary plus at
4 least 3% of base salary.
5 (2) Beginning December 1, 1991, base salary plus at
6 least 6% of base salary.
7 (3) Beginning December 1, 1992, base salary plus at
8 least 9% of base salary.
9 (4) Beginning December 1, 1993, base salary plus at
10 least 12% of base salary.
11 "Base salary", as used in this subsection (b), means the
12salary in effect before July 1, 1989.
13 (c) In addition to, but separate and apart from, the
14compensation provided in this Section, subject to
15appropriation, the coroner of each county shall receive an
16annual stipend of $6,500 to be paid by the Illinois Department
17of Revenue out of the Personal Property Tax Replacement Fund if
18his or her term begins on or after December 1, 2000.
19Notwithstanding any other provision of law, coroners in
20counties with a population of 100,000 or more but less than
21400,000 whose terms of office begin on or after the effective
22date of this amendatory Act of the 98th General Assembly shall
23receive 50% of the full stipend amount set forth in this
24Section, and coroners in counties with a population of 400,000
25or more whose terms of office begin on or after the effective
26date of this amendatory Act of the 98th General Assembly shall

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1receive no stipend.
2(Source: P.A. 97-72, eff. 7-1-11.)
3 (55 ILCS 5/4-6003) (from Ch. 34, par. 4-6003)
4 Sec. 4-6003. Compensation of sheriffs for certain expenses
5in counties of less than 2,000,000.
6 (a) The County Board, in all counties of less than
72,000,000 inhabitants, shall fix the compensation of sheriffs,
8with the amount of their necessary clerk hire, stationery, fuel
9and other expenses. The county shall supply the sheriff with
10all necessary uniforms, guns and ammunition. The compensation
11of each such officer shall be fixed separately from his
12necessary clerk hire, stationery, fuel and other expenses.
13Beginning immediately, no county with a population under
142,000,000 may reduce the rate of compensation of its sheriff
15below the rate of compensation that it was actually paying to
16its sheriff on January 1, 2002 or the effective date of this
17amendatory Act of the 92nd General Assembly, whichever is
18greater.
19 (b) In addition to the requirement of subsection (a), the
20rate of compensation payable to the sheriff by the county shall
21not be less than the following:
22 To each such sheriff in counties containing less than
2310,000 inhabitants, not less than $27,000 per annum.
24 To each such sheriff in counties containing 10,000 or more
25inhabitants but less than 20,000 inhabitants, not less than

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1$31,000 per annum.
2 To each such sheriff in counties containing 20,000 or more
3inhabitants but less than 30,000 inhabitants, not less than
4$34,000 per annum.
5 To each such sheriff in counties containing 30,000 or more
6inhabitants but less than 60,000 inhabitants, not less than
7$37,000 per annum.
8 To each such sheriff in counties containing 60,000 or more
9inhabitants but less than 100,000 inhabitants, not less than
10$40,000 per annum.
11 To each such sheriff in counties containing 100,000 or more
12inhabitants but less than 2,000,000 inhabitants, not less than
13$43,000 per annum.
14 The population of each county for the purpose of fixing
15compensation as herein provided, shall be based upon the last
16federal census immediately previous to the election of the
17sheriff in question in such county.
18 (c) (Blank).
19 (d) In addition to the salary provided for in subsections
20(a), (b), and (c), beginning December 1, 1998, subject to
21appropriation, each sheriff, for his or her additional duties
22imposed by other statutes or laws, shall receive an annual
23stipend to be paid by the Illinois Department of Revenue out of
24the Personal Property Tax Replacement Fund in the amount of
25$6,500. Notwithstanding any other provision of law, sheriffs in
26counties with a population of 100,000 or more but less than

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1400,000 whose terms of office begin on or after the effective
2date of this amendatory Act of the 98th General Assembly shall
3receive 50% of the full stipend amount set forth in this
4Section, and sheriffs in counties with a population of 400,000
5or more whose terms of office begin on or after the effective
6date of this amendatory Act of the 98th General Assembly shall
7receive no stipend.
8 (e) No county board may reduce or otherwise impair the
9compensation payable from county funds to a sheriff if the
10reduction or impairment is the result of the sheriff receiving
11an award or stipend payable from State funds.
12(Source: P.A. 97-72, eff. 7-1-11.)
13 (55 ILCS 5/4-8002) (from Ch. 34, par. 4-8002)
14 Sec. 4-8002. Additional compensation of sheriff and
15recorder.
16 (a) In addition to any salary otherwise provided by law,
17beginning December 1, 1998, subject to appropriation, the
18sheriff of Cook County for his or her additional duties imposed
19by other statutes or laws shall receive an annual stipend to be
20paid by the Illinois Department of Revenue out of the Personal
21Property Tax Replacement Fund in the amount of $6,500.
22Notwithstanding any other provision of law, no Cook County
23Sheriff whose term of office begins on of after the effective
24date of this amendatory Act of the 98th General Assembly shall
25receive a stipend. The county board shall not reduce or

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1otherwise impair the compensation payable from county funds to
2the sheriff if the reduction or impairment is the result of the
3sheriff receiving a stipend payable from State funds.
4 (b) In addition to any salary otherwise provided by law,
5beginning December 1, 2000, subject to appropriation, the
6recorder of deeds of Cook County for his or her additional
7duties imposed by law shall receive an annual stipend to be
8paid by the State in an amount equal to the stipend paid to
9each recorder in other counties under subsection (d) of Section
104-6001 of this Code. Notwithstanding any other provision of
11law, no Cook County Recorder of Deeds whose term of office
12begins on of after the effective date of this amendatory Act of
13the 98th General Assembly shall receive a stipend. The county
14board may not reduce or otherwise impair the compensation
15payable from county funds to the recorder of deeds if the
16reduction or impairment is the result of the recorder of deeds
17receiving a stipend payable from State funds.
18(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
19 Section 15. The Clerks of Courts Act is amended by changing
20Section 27.3 as follows:
21 (705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
22 Sec. 27.3. Compensation.
23 (a) The county board shall provide the compensation of
24Clerks of the Circuit Court, and the amount necessary for clerk

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1hire, stationery, fuel and other expenses. Beginning December
21, 1989, the compensation per annum for Clerks of the Circuit
3Court shall be as follows:
4 In counties where the population is:
5Less than 14,000.......................at least $13,500
614,001-30,000..........................at least $14,500
730,001-60,000..........................at least $15,000
860,001-100,000.........................at least $15,000
9100,001-200,000........................at least $16,500
10200,001-300,000........................at least $18,000
11300,001- 3,000,000.....................at least $20,000
12Over 3,000,000.........................at least $55,000
13 (b) In counties in which the population is 3,000,000 or
14less, "base salary" is the compensation paid for each Clerk of
15the Circuit Court, respectively, before July 1, 1989.
16 (c) The Clerks of the Circuit Court, in counties in which
17the population is 3,000,000 or less, shall be compensated as
18follows:
19 (1) Beginning December 1, 1989, base salary plus at
20 least 3% of base salary.
21 (2) Beginning December 1, 1990, base salary plus at
22 least 6% of base salary.
23 (3) Beginning December 1, 1991, base salary plus at
24 least 9% of base salary.
25 (4) Beginning December 1, 1992, base salary plus at
26 least 12% of base salary.

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1 (d) In addition to the compensation provided by the county
2board, each Clerk of the Circuit Court shall receive an award
3from the State for the additional duties imposed by Sections
45-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section
510 of the Violent Crime Victims Assistance Act, Section 16-104a
6of the Illinois Vehicle Code, and other laws, in the following
7amount:
8 (1) $3,500 per year before January 1, 1997.
9 (2) $4,500 per year beginning January 1, 1997.
10 (3) $5,500 per year beginning January 1, 1998.
11 (4) $6,500 per year beginning January 1, 1999.
12The total amount required for such awards shall be appropriated
13each year by the General Assembly to the Supreme Court, which
14shall distribute such awards in annual lump sum payments to the
15Clerks of the Circuit Court in all counties. Notwithstanding
16any other provision of law, Clerks of the Circuit Court in
17counties with a population of 100,000 or more but less than
18400,000 whose terms of office begin on or after the effective
19date of this amendatory Act of the 98th General Assembly shall
20receive 50% of the full stipend amount set forth in this
21Section, and Clerks of the Circuit Court in counties with a
22population of 400,000 or more whose terms of office begin on or
23after the effective date of this amendatory Act of the 98th
24General Assembly shall receive no stipend. This annual award,
25and any other award or stipend paid out of State funds to the
26Clerks of the Circuit Court, shall not affect any other

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1compensation provided by law to be paid to Clerks of the
2Circuit Court.
3 (e) Also in addition to the compensation provided by the
4county board, Clerks of the Circuit Court in counties in which
5one or more State correctional institutions are located shall
6receive a minimum reimbursement in the amount of $2,500 per
7year for administrative assistance to perform services in
8connection with the State correctional institution, payable
9monthly from the State Treasury to the treasurer of the county
10in which the additional staff is employed. Counties whose State
11correctional institution inmate population exceeds 250 shall
12receive reimbursement in the amount of $2,500 per 250 inmates.
13This subsection (e) shall not apply to staff added before
14November 29, 1990.
15 For purposes of this subsection (e), "State correctional
16institution" means any facility of the Department of
17Corrections, including without limitation adult facilities,
18juvenile facilities, pre-release centers, community correction
19centers, and work camps.
20 (f) No county board may reduce or otherwise impair the
21compensation payable from county funds to a Clerk of the
22Circuit Court if the reduction or impairment is the result of
23the Clerk of the Circuit Court receiving an award or stipend
24payable from State funds.
25(Source: P.A. 92-114, eff. 1-1-02.)

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1 Section 90. The State Mandates Act is amended by adding
2Section 8.37 as follows:
3 (30 ILCS 805/8.37 new)
4 Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 98th General Assembly.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.".
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