99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0748

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-2001  from Ch. 34, par. 4-2001

    Amends the Counties Code. Makes a technical change in a Section concerning state's attorney salaries.


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A BILL FOR

 

HB0748LRB099 04558 AWJ 24586 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 Section
54-2001 as follows:
 
6    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
7    Sec. 4-2001. State's attorney salaries.
8    (a) There shall be allowed to the the several state's
9attorneys in this State, except the state's attorney of Cook
10County, the following annual salary:
11        (1) Subject to paragraph (5), to each state's attorney
12    in counties containing less than 10,000 inhabitants,
13    $40,500 until December 31, 1988, $45,500 until June 30,
14    1994, and $55,500 thereafter or as set by the Compensation
15    Review Board, whichever is greater.
16        (2) Subject to paragraph (5), to each state's attorney
17    in counties containing 10,000 or more inhabitants but less
18    than 20,000 inhabitants, $46,500 until December 31, 1988,
19    $61,500 until June 30, 1994, and $71,500 thereafter or as
20    set by the Compensation Review Board, whichever is greater.
21        (3) Subject to paragraph (5), to each state's attorney
22    in counties containing 20,000 or more but less than 30,000
23    inhabitants, $51,000 until December 31, 1988, $65,000

 

 

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1    until June 30, 1994, and $75,000 thereafter or as set by
2    the Compensation Review Board, whichever is greater.
3        (4) To each state's attorney in counties of 30,000 or
4    more inhabitants, $65,500 until December 31, 1988, $80,000
5    until June 30, 1994, and $96,837 thereafter or as set by
6    the Compensation Review Board, whichever is greater.
7        (5) Effective December 1, 2000, to each state's
8    attorney in counties containing fewer than 30,000
9    inhabitants, the same salary plus any cost of living
10    adjustments as authorized by the Compensation Review Board
11    to take effect after January 1, 1999, for state's attorneys
12    in counties containing 20,000 or more but fewer than 30,000
13    inhabitants, or as set by the Compensation Review Board
14    whichever is greater.
15    The State shall furnish 66 2/3% of the total annual
16compensation to be paid to each state's attorney in Illinois
17based on the salary in effect on December 31, 1988, and 100% of
18the increases in salary taking effect after December 31, 1988.
19    Subject to appropriation, said amounts furnished by the
20State shall be payable monthly by the Department of Revenue out
21of the Personal Property Tax Replacement Fund or the General
22Revenue Fund to the county in which each state's attorney is
23elected.
24    Each county shall be required to furnish 33 1/3% of the
25total annual compensation to be paid to each state's attorney
26in Illinois based on the salary in effect on December 31, 1988.

 

 

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1     Within 90 days after the effective date of this amendatory
2Act of the 96th General Assembly, the county board of any
3county with a population between 15,000 and 50,000 by
4resolution or ordinance may increase the amount of compensation
5to be paid to each eligible state's attorney in their county in
6the form of a longevity stipend which shall be added to and
7become part of the salary of the state's attorney for that
8year. To be eligible, the state's attorney must have served in
9the elected position for at least 20 continuous years and elect
10to participate in a program for an alternative annuity for
11county officers and make the required additional optional
12contributions as authorized by P.A. 90-32.
13    (b) Effective December 1, 2000, no state's attorney may
14engage in the private practice of law. However, until November
1530, 2000, (i) the state's attorneys in counties containing
16fewer than 10,000 inhabitants may engage in the practice of
17law, and (ii) in any county between 10,000 and 30,000
18inhabitants or in any county containing 30,000 or more
19inhabitants which reached that population between 1970 and
20December 31, 1981, the state's attorney may declare his or her
21intention to engage in the private practice of law, and may do
22so through no later than November 30, 2000, by filing a written
23declaration of intent to engage in the private practice of law
24with the county clerk. The declaration of intention shall be
25irrevocable during the remainder of the term of office. The
26declaration shall be filed with the county clerk within 30 days

 

 

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1of certification of election or appointment, or within 60 days
2of March 15, 1989, whichever is later. In that event the annual
3salary of such state's attorney shall be as follows:
4        (1) In counties containing 10,000 or more inhabitants
5    but less than 20,000 inhabitants, $46,500 until December
6    31, 1988, $51,500 until June 30, 1994, and $61,500
7    thereafter or as set by the Compensation Review Board,
8    whichever is greater. The State shall furnish 100% of the
9    increases taking effect after December 31, 1988.
10        (2) In counties containing 20,000 or more inhabitants
11    but less than 30,000 inhabitants, and in counties
12    containing 30,000 or more inhabitants which reached said
13    population between 1970 and December 31, 1981, $51,500
14    until December 31, 1988, $56,000 until June 30, 1994, and
15    $65,000 thereafter or as set by the Compensation Review
16    Board, whichever is greater. The State shall furnish 100%
17    of the increases taking effect after December 31, 1988.
18    (c) In counties where a state mental health institution, as
19hereinafter defined, is located, one assistant state's
20attorney shall, subject to appropriation, receive for his
21services, payable monthly by the Department of Revenue out of
22the Personal Property Tax Replacement Fund or the General
23Revenue Fund to the county in which he is appointed, the
24following:
25        (1) To each assistant state's attorney in counties
26    containing less than 10,000 inhabitants, the sum of $2,500

 

 

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1    per annum;
2        (2) To each assistant state's attorney in counties
3    containing not less than 10,000 inhabitants and not more
4    than 20,000 inhabitants, the sum of $3,500 per annum;
5        (3) To each assistant state's attorney in counties
6    containing not less than 20,000 inhabitants and not more
7    than 30,000 inhabitants, the sum of $4,000 per annum;
8        (4) To each assistant state's attorney in counties
9    containing not less than 30,000 inhabitants and not more
10    than 40,000 inhabitants, the sum of $4,500 per annum;
11        (5) To each assistant state's attorney in counties
12    containing not less than 40,000 inhabitants and not more
13    than 70,000 inhabitants, the sum of $5,000 per annum;
14        (6) To each assistant state's attorney in counties
15    containing not less than 70,000 inhabitants and not more
16    than 1,000,000 inhabitants, the sum of $6,000 per annum.
17    (d) The population of all counties for the purpose of
18fixing salaries as herein provided shall be based upon the last
19Federal census immediately previous to the appointment of an
20assistant state's attorney in each county.
21    (e) At the request of the county governing authority, in
22counties where one or more state correctional institutions, as
23hereinafter defined, are located, one or more assistant state's
24attorneys shall, subject to appropriation, receive for their
25services, provided that such services are performed in
26connection with the state correctional institution, payable

 

 

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1monthly by the Department of Revenue out of the Personal
2Property Tax Replacement Fund or the General Revenue Fund to
3the county in which they are appointed, the following:
4        (1) $22,000 for each assistant state's attorney in
5    counties with one or more State correctional institutions
6    with a total average daily inmate population in excess of
7    2,000, on the basis of 2 assistant state's attorneys when
8    the total average daily inmate population exceeds 2,000 but
9    is less than 4,000; and 3 assistant state's attorneys when
10    such population exceeds 4,000; with reimbursement to be
11    based on actual services rendered.
12        (2) $15,000 per year for one assistant state's attorney
13    in counties having one or more correctional institutions
14    with a total average daily inmate population of between 750
15    and 2,000 inmates, with reimbursement to be based on actual
16    services rendered.
17        (3) A maximum of $12,000 per year for one assistant
18    state's attorney in counties having less than 750 inmates,
19    with reimbursement to be based on actual services rendered.
20        Upon application of the county governing authority and
21    certification of the State's Attorney, the Director of
22    Corrections may, in his discretion and subject to
23    appropriation, increase the amount of salary reimbursement
24    to a county in the event special circumstances require the
25    county to incur extraordinary salary expenditures as a
26    result of services performed in connection with State

 

 

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1    correctional institutions in that county.
2    In determining whether or not to increase the amount of
3salary reimbursement, the Director shall consider, among other
4matters:
5        (1) the nature of the services rendered;
6        (2) the results or dispositions obtained;
7        (3) whether or not the county was required to employ
8    additional attorney personnel as a direct result of the
9    services actually rendered in connection with a particular
10    service to a State correctional institution.
11    (f) In counties where a State senior institution of higher
12education is located, the assistant state's attorneys
13specified by this Section shall, subject to appropriation,
14receive for their services, payable monthly by the Department
15of Revenue out of the Personal Property Tax Replacement Fund or
16the General Revenue Fund to the county in which appointed, the
17following:
18        (1) $14,000 per year each for employment on a full time
19    basis for 2 assistant state's attorneys in counties having
20    a State university or State universities with combined full
21    time enrollment of more than 15,000 students.
22        (2) $7,200 per year for one assistant state's attorney
23    with no limitation on other practice in counties having a
24    State university or State universities with combined full
25    time enrollment of 10,000 to 15,000 students.
26        (3) $4,000 per year for one assistant state's attorney

 

 

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1    with no limitation on other practice in counties having a
2    State university or State universities with combined full
3    time enrollment of less than 10,000 students.
4    Such salaries shall be paid to the state's attorney and the
5assistant state's attorney in equal monthly installments by
6such county out of the county treasury provided that, subject
7to appropriation, the Department of Revenue shall reimburse
8each county monthly, out of the Personal Property Tax
9Replacement Fund or the General Revenue Fund, the amount of
10such salary. This Section shall not prevent the payment of such
11additional compensation to the state's attorney or assistant
12state's attorney of any county, out of the treasury of that
13county as may be provided by law.
14    (g) For purposes of this Section, "State mental health
15institution" means any institution under the jurisdiction of
16the Department of Human Services that is listed in Section 4 of
17the Mental Health and Developmental Disabilities
18Administrative Act.
19    For purposes of this Section, "State correctional
20institution" means any facility of the Department of
21Corrections including adult facilities, juvenile facilities,
22pre-release centers, community correction centers, and work
23camps.
24    For purposes of this Section, "State university" means the
25University of Illinois, Southern Illinois University, Chicago
26State University, Eastern Illinois University, Governors State

 

 

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1University, Illinois State University, Northeastern Illinois
2University, Northern Illinois University, Western Illinois
3University, and any public community college which has
4established a program of interinstitutional cooperation with
5one of the foregoing institutions whereby a student, after
6earning an associate degree from the community college, pursues
7a course of study at the community college campus leading to a
8baccalaureate degree from the foregoing institution (also
9known as a "2 Plus 2" degree program).
10    (h) A number of assistant state's attorneys shall be
11appointed in each county that chooses to participate, as
12provided in this subsection, for the prosecution of
13alcohol-related traffic offenses. Each county shall receive
14monthly a subsidy for payment of the salaries and benefits of
15these assistant state's attorneys from State funds
16appropriated to the Department of Revenue out of the Personal
17Property Tax Replacement Fund or the General Revenue Fund for
18that purpose. The amounts of subsidies provided by this
19subsection shall be adjusted for inflation each July 1 using
20the Consumer Price Index of the Bureau of Labor Statistics of
21the U.S. Department of Labor.
22    When a county chooses to participate in the subsidy program
23described in this subsection (h), the number of assistant
24state's attorneys who are prosecuting alcohol-related traffic
25offenses must increase according to the subsidy provided in
26this subsection. These appointed assistant state's attorneys

 

 

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1shall be in addition to any other assistant state's attorneys
2assigned to those cases on the effective date of this
3amendatory Act of the 91st General Assembly, and may not
4replace those assistant state's attorneys. In counties where
5the state's attorney is the sole prosecutor, this subsidy shall
6be used to provide an assistant state's attorney to prosecute
7alcohol-related traffic offenses along with the state's
8attorney. In counties where the state's attorney is the sole
9prosecutor, and in counties where a judge presides over cases
10involving a variety of misdemeanors, including alcohol-related
11traffic matters, assistant state's attorneys appointed and
12subsidized by this subsection (h) may also prosecute the
13different misdemeanor cases at the direction of the state's
14attorney.
15    Assistant state's attorneys shall be appointed under this
16subsection in the following number and counties shall receive
17the following annual subsidies:
18        (1) In counties with fewer than 30,000 inhabitants, one
19    at $35,000.
20        (2) In counties with 30,000 or more but fewer than
21    100,000 inhabitants, one at $45,000.
22        (3) In counties with 100,000 or more but fewer than
23    300,000 inhabitants, 2 at $45,000 each.
24        (4) In counties, other than Cook County, with 300,000
25    or more inhabitants, 4 at $50,000 each.
26    The amounts appropriated under this Section must be

 

 

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1segregated by population classification and disbursed monthly.
2    If in any year the amount appropriated for the purposes of
3this subsection (h) is insufficient to pay all of the subsidies
4specified in this subsection, the amount appropriated shall
5first be prorated by the population classifications of this
6subsection (h) and then among the counties choosing to
7participate within each of those classifications. If any of the
8appropriated moneys for each population classification remain
9at the end of a fiscal year, the remainder of the moneys may be
10allocated to participating counties that were not fully funded
11during the course of the year. Nothing in this subsection
12prohibits 2 or more State's attorneys from combining their
13subsidies to appoint a joint assistant State's attorney to
14prosecute alcohol-related traffic offenses in multiple
15counties. Nothing in this subsection prohibits a State's
16attorney from appointing an assistant State's attorney by
17contract or otherwise.
18(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)