99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2935

 

Introduced 2/18/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 115/12  from Ch. 85, par. 616
35 ILCS 200/3-20
35 ILCS 200/3-40
55 ILCS 5/3-4007  from Ch. 34, par. 3-4007
55 ILCS 5/4-2001  from Ch. 34, par. 4-2001

    Amends the Property Tax Code. Provides that the portion of the salary for the county supervisor of assessments that is paid by the State is no longer subject to appropriation. Amends the Counties Code. Provides that the portion of the salary for state's attorneys, certain assistant state's attorneys, and public defenders that is paid by the State is no longer subject to appropriation. Amends the State Revenue Sharing Act to make conforming changes.


LRB099 19055 MLM 43444 b

 

 

A BILL FOR

 

SB2935LRB099 19055 MLM 43444 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Revenue Sharing Act is amended by
5changing Section 12 as follows:
 
6    (30 ILCS 115/12)  (from Ch. 85, par. 616)
7    Sec. 12. Personal Property Tax Replacement Fund. There is
8hereby created the Personal Property Tax Replacement Fund, a
9special fund in the State Treasury into which shall be paid all
10revenue realized:
11    (a) all amounts realized from the additional personal
12property tax replacement income tax imposed by subsections (c)
13and (d) of Section 201 of the Illinois Income Tax Act, except
14for those amounts deposited into the Income Tax Refund Fund
15pursuant to subsection (c) of Section 901 of the Illinois
16Income Tax Act; and
17    (b) all amounts realized from the additional personal
18property replacement invested capital taxes imposed by Section
192a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
20Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
21Section 3 of the Water Company Invested Capital Tax Act, and
22amounts payable to the Department of Revenue under the
23Telecommunications Infrastructure Maintenance Fee Act.

 

 

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1    As soon as may be after the end of each month, the
2Department of Revenue shall certify to the Treasurer and the
3Comptroller the amount of all refunds paid out of the General
4Revenue Fund through the preceding month on account of
5overpayment of liability on taxes paid into the Personal
6Property Tax Replacement Fund. Upon receipt of such
7certification, the Treasurer and the Comptroller shall
8transfer the amount so certified from the Personal Property Tax
9Replacement Fund into the General Revenue Fund.
10    The payments of revenue into the Personal Property Tax
11Replacement Fund shall be used exclusively for distribution to
12taxing districts, regional offices and officials, and State and
13local officials as provided by law in this Section and in the
14School Code, payment of the ordinary and contingent expenses of
15the Property Tax Appeal Board, payment of the expenses of the
16Department of Revenue incurred in administering the collection
17and distribution of monies paid into the Personal Property Tax
18Replacement Fund and transfers due to refunds to taxpayers for
19overpayment of liability for taxes paid into the Personal
20Property Tax Replacement Fund.
21    In addition, moneys in the Personal Property Tax
22Replacement Fund may be used to pay any of the following: (i)
23salary, stipends, and additional compensation as provided by
24law for chief election clerks, county clerks, and county
25recorders; (ii) costs associated with regional offices of
26education and educational service centers; (iii)

 

 

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1reimbursements payable by the State Board of Elections under
2Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
3Election Code; (iv) expenses of the Illinois Educational Labor
4Relations Board; and (v) salary, personal services, and
5additional compensation as provided by law for court reporters
6under the Court Reporters Act.
7    As soon as may be after the effective date of this
8amendatory Act of 1980, the Department of Revenue shall certify
9to the Treasurer the amount of net replacement revenue paid
10into the General Revenue Fund prior to that effective date from
11the additional tax imposed by Section 2a.1 of the Messages Tax
12Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
13the Public Utilities Revenue Act; Section 3 of the Water
14Company Invested Capital Tax Act; amounts collected by the
15Department of Revenue under the Telecommunications
16Infrastructure Maintenance Fee Act; and the additional
17personal property tax replacement income tax imposed by the
18Illinois Income Tax Act, as amended by Public Act 81-1st
19Special Session-1. Net replacement revenue shall be defined as
20the total amount paid into and remaining in the General Revenue
21Fund as a result of those Acts minus the amount outstanding and
22obligated from the General Revenue Fund in state vouchers or
23warrants prior to the effective date of this amendatory Act of
241980 as refunds to taxpayers for overpayment of liability under
25those Acts.
26    All interest earned by monies accumulated in the Personal

 

 

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1Property Tax Replacement Fund shall be deposited in such Fund.
2All amounts allocated pursuant to this Section are appropriated
3on a continuing basis.
4    Prior to December 31, 1980, as soon as may be after the end
5of each quarter beginning with the quarter ending December 31,
61979, and on and after December 31, 1980, as soon as may be
7after January 1, March 1, April 1, May 1, July 1, August 1,
8October 1 and December 1 of each year, the Department of
9Revenue shall allocate to each taxing district as defined in
10Section 1-150 of the Property Tax Code, in accordance with the
11provisions of paragraph (2) of this Section the portion of the
12funds held in the Personal Property Tax Replacement Fund which
13is required to be distributed, as provided in paragraph (1),
14for each quarter. Provided, however, under no circumstances
15shall any taxing district during each of the first two years of
16distribution of the taxes imposed by this amendatory Act of
171979 be entitled to an annual allocation which is less than the
18funds such taxing district collected from the 1978 personal
19property tax. Provided further that under no circumstances
20shall any taxing district during the third year of distribution
21of the taxes imposed by this amendatory Act of 1979 receive
22less than 60% of the funds such taxing district collected from
23the 1978 personal property tax. In the event that the total of
24the allocations made as above provided for all taxing
25districts, during either of such 3 years, exceeds the amount
26available for distribution the allocation of each taxing

 

 

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1district shall be proportionately reduced. Except as provided
2in Section 13 of this Act, the Department shall then certify,
3pursuant to appropriation, such allocations to the State
4Comptroller who shall pay over to the several taxing districts
5the respective amounts allocated to them.
6    Any township which receives an allocation based in whole or
7in part upon personal property taxes which it levied pursuant
8to Section 6-507 or 6-512 of the Illinois Highway Code and
9which was previously required to be paid over to a municipality
10shall immediately pay over to that municipality a proportionate
11share of the personal property replacement funds which such
12township receives.
13    Any municipality or township, other than a municipality
14with a population in excess of 500,000, which receives an
15allocation based in whole or in part on personal property taxes
16which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
17Illinois Local Library Act and which was previously required to
18be paid over to a public library shall immediately pay over to
19that library a proportionate share of the personal property tax
20replacement funds which such municipality or township
21receives; provided that if such a public library has converted
22to a library organized under The Illinois Public Library
23District Act, regardless of whether such conversion has
24occurred on, after or before January 1, 1988, such
25proportionate share shall be immediately paid over to the
26library district which maintains and operates the library.

 

 

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1However, any library that has converted prior to January 1,
21988, and which hitherto has not received the personal property
3tax replacement funds, shall receive such funds commencing on
4January 1, 1988.
5    Any township which receives an allocation based in whole or
6in part on personal property taxes which it levied pursuant to
7Section 1c of the Public Graveyards Act and which taxes were
8previously required to be paid over to or used for such public
9cemetery or cemeteries shall immediately pay over to or use for
10such public cemetery or cemeteries a proportionate share of the
11personal property tax replacement funds which the township
12receives.
13    Any taxing district which receives an allocation based in
14whole or in part upon personal property taxes which it levied
15for another governmental body or school district in Cook County
16in 1976 or for another governmental body or school district in
17the remainder of the State in 1977 shall immediately pay over
18to that governmental body or school district the amount of
19personal property replacement funds which such governmental
20body or school district would receive directly under the
21provisions of paragraph (2) of this Section, had it levied its
22own taxes.
23        (1) The portion of the Personal Property Tax
24    Replacement Fund required to be distributed as of the time
25    allocation is required to be made shall be the amount
26    available in such Fund as of the time allocation is

 

 

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1    required to be made.
2        The amount available for distribution shall be the
3    total amount in the fund at such time minus the necessary
4    administrative and other authorized expenses as limited by
5    the appropriation and the amount determined by: (a) $2.8
6    million for fiscal year 1981; (b) for fiscal year 1982,
7    .54% of the funds distributed from the fund during the
8    preceding fiscal year; (c) for fiscal year 1983 through
9    fiscal year 1988, .54% of the funds distributed from the
10    fund during the preceding fiscal year less .02% of such
11    fund for fiscal year 1983 and less .02% of such funds for
12    each fiscal year thereafter; (d) for fiscal year 1989
13    through fiscal year 2011 no more than 105% of the actual
14    administrative expenses of the prior fiscal year; (e) for
15    fiscal year 2012 and beyond, a sufficient amount to pay (i)
16    stipends, additional compensation, salary reimbursements,
17    and other amounts directed to be paid out of this Fund for
18    local officials as authorized or required by statute and
19    (ii) no more than 105% of the actual administrative
20    expenses of the prior fiscal year, including payment of the
21    ordinary and contingent expenses of the Property Tax Appeal
22    Board and payment of the expenses of the Department of
23    Revenue incurred in administering the collection and
24    distribution of moneys paid into the Fund; or (f) for
25    fiscal years 2012 and 2013 only, a sufficient amount to pay
26    stipends, additional compensation, salary reimbursements,

 

 

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1    and other amounts directed to be paid out of this Fund for
2    regional offices and officials as authorized or required by
3    statute. Such portion of the fund shall be determined after
4    the transfer into the General Revenue Fund due to refunds,
5    if any, paid from the General Revenue Fund during the
6    preceding quarter. If at any time, for any reason, there is
7    insufficient amount in the Personal Property Tax
8    Replacement Fund for payments for regional offices and
9    officials or local officials or payment of costs of
10    administration or for transfers due to refunds at the end
11    of any particular month, the amount of such insufficiency
12    shall be carried over for the purposes of payments for
13    regional offices and officials, local officials, transfers
14    into the General Revenue Fund, and costs of administration
15    to the following month or months. Net replacement revenue
16    held, and defined above, shall be transferred by the
17    Treasurer and Comptroller to the Personal Property Tax
18    Replacement Fund within 10 days of such certification.
19        (2) Each quarterly allocation shall first be
20    apportioned in the following manner: 51.65% for taxing
21    districts in Cook County and 48.35% for taxing districts in
22    the remainder of the State.
23    The Personal Property Replacement Ratio of each taxing
24district outside Cook County shall be the ratio which the Tax
25Base of that taxing district bears to the Downstate Tax Base.
26The Tax Base of each taxing district outside of Cook County is

 

 

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1the personal property tax collections for that taxing district
2for the 1977 tax year. The Downstate Tax Base is the personal
3property tax collections for all taxing districts in the State
4outside of Cook County for the 1977 tax year. The Department of
5Revenue shall have authority to review for accuracy and
6completeness the personal property tax collections for each
7taxing district outside Cook County for the 1977 tax year.
8    The Personal Property Replacement Ratio of each Cook County
9taxing district shall be the ratio which the Tax Base of that
10taxing district bears to the Cook County Tax Base. The Tax Base
11of each Cook County taxing district is the personal property
12tax collections for that taxing district for the 1976 tax year.
13The Cook County Tax Base is the personal property tax
14collections for all taxing districts in Cook County for the
151976 tax year. The Department of Revenue shall have authority
16to review for accuracy and completeness the personal property
17tax collections for each taxing district within Cook County for
18the 1976 tax year.
19    For all purposes of this Section 12, amounts paid to a
20taxing district for such tax years as may be applicable by a
21foreign corporation under the provisions of Section 7-202 of
22the Public Utilities Act, as amended, shall be deemed to be
23personal property taxes collected by such taxing district for
24such tax years as may be applicable. The Director shall
25determine from the Illinois Commerce Commission, for any tax
26year as may be applicable, the amounts so paid by any such

 

 

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1foreign corporation to any and all taxing districts. The
2Illinois Commerce Commission shall furnish such information to
3the Director. For all purposes of this Section 12, the Director
4shall deem such amounts to be collected personal property taxes
5of each such taxing district for the applicable tax year or
6years.
7    Taxing districts located both in Cook County and in one or
8more other counties shall receive both a Cook County allocation
9and a Downstate allocation determined in the same way as all
10other taxing districts.
11    If any taxing district in existence on July 1, 1979 ceases
12to exist, or discontinues its operations, its Tax Base shall
13thereafter be deemed to be zero. If the powers, duties and
14obligations of the discontinued taxing district are assumed by
15another taxing district, the Tax Base of the discontinued
16taxing district shall be added to the Tax Base of the taxing
17district assuming such powers, duties and obligations.
18    If two or more taxing districts in existence on July 1,
191979, or a successor or successors thereto shall consolidate
20into one taxing district, the Tax Base of such consolidated
21taxing district shall be the sum of the Tax Bases of each of
22the taxing districts which have consolidated.
23    If a single taxing district in existence on July 1, 1979,
24or a successor or successors thereto shall be divided into two
25or more separate taxing districts, the tax base of the taxing
26district so divided shall be allocated to each of the resulting

 

 

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1taxing districts in proportion to the then current equalized
2assessed value of each resulting taxing district.
3    If a portion of the territory of a taxing district is
4disconnected and annexed to another taxing district of the same
5type, the Tax Base of the taxing district from which
6disconnection was made shall be reduced in proportion to the
7then current equalized assessed value of the disconnected
8territory as compared with the then current equalized assessed
9value within the entire territory of the taxing district prior
10to disconnection, and the amount of such reduction shall be
11added to the Tax Base of the taxing district to which
12annexation is made.
13    If a community college district is created after July 1,
141979, beginning on the effective date of this amendatory Act of
151995, its Tax Base shall be 3.5% of the sum of the personal
16property tax collected for the 1977 tax year within the
17territorial jurisdiction of the district.
18    The amounts allocated and paid to taxing districts pursuant
19to the provisions of this amendatory Act of 1979 shall be
20deemed to be substitute revenues for the revenues derived from
21taxes imposed on personal property pursuant to the provisions
22of the "Revenue Act of 1939" or "An Act for the assessment and
23taxation of private car line companies", approved July 22,
241943, as amended, or Section 414 of the Illinois Insurance
25Code, prior to the abolition of such taxes and shall be used
26for the same purposes as the revenues derived from ad valorem

 

 

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1taxes on real estate.
2    Monies received by any taxing districts from the Personal
3Property Tax Replacement Fund shall be first applied toward
4payment of the proportionate amount of debt service which was
5previously levied and collected from extensions against
6personal property on bonds outstanding as of December 31, 1978
7and next applied toward payment of the proportionate share of
8the pension or retirement obligations of the taxing district
9which were previously levied and collected from extensions
10against personal property. For each such outstanding bond
11issue, the County Clerk shall determine the percentage of the
12debt service which was collected from extensions against real
13estate in the taxing district for 1978 taxes payable in 1979,
14as related to the total amount of such levies and collections
15from extensions against both real and personal property. For
161979 and subsequent years' taxes, the County Clerk shall levy
17and extend taxes against the real estate of each taxing
18district which will yield the said percentage or percentages of
19the debt service on such outstanding bonds. The balance of the
20amount necessary to fully pay such debt service shall
21constitute a first and prior lien upon the monies received by
22each such taxing district through the Personal Property Tax
23Replacement Fund and shall be first applied or set aside for
24such purpose. In counties having fewer than 3,000,000
25inhabitants, the amendments to this paragraph as made by this
26amendatory Act of 1980 shall be first applicable to 1980 taxes

 

 

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1to be collected in 1981.
2(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
397-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
46-30-14.)
 
5    Section 10. The Property Tax Code is amended by changing
6Sections 3-20 and 3-40 as follows:
 
7    (35 ILCS 200/3-20)
8    Sec. 3-20. Reimbursement when serving more than 1 county.
9When 2 or more counties have, with Department approval, elected
10or appointed the same person as county supervisor of
11assessments, subject to appropriation, the Department shall
12pay out of the Personal Property Tax Replacement Fund to the
13counties a total of $5,000 per year to be applied toward the
14person's salary. The Department shall apportion the $5,000
15among such counties in proportion to each county's share of the
16salary.
17    The amount payable under this Section is in addition to the
1850% reimbursement provided for in Section 3-40, but in no event
19shall the total paid under this Section and the reimbursement
20under Section 3-40 exceed the compensation of the supervisor of
21assessments.
22(Source: P.A. 97-72, eff. 7-1-11.)
 
23    (35 ILCS 200/3-40)

 

 

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1    Sec. 3-40. Compensation of supervisors of assessments.
2    (a) A supervisor of assessments shall receive annual
3compensation in an amount fixed by the county board subject to
4the following minimum amounts:
5        In counties with less than 14,000 inhabitants, not less
6    than $7,500;
7        In counties with 14,000 or more but less than 30,000
8    inhabitants, not less than $8,000;
9        In counties with 30,000 or more but less than 60,000
10    inhabitants, not less than $9,000;
11        In counties with 60,000 or more but less than 100,000
12    inhabitants, not less than $10,000;
13        In counties with 100,000 or more but less than 200,000
14    inhabitants, not less than $11,500;
15        In counties with 200,000 or more but less than 300,000
16    inhabitants, not less than $13,000;
17        In counties with 300,000 or more but less than
18    1,000,000 inhabitants, not less than $15,000.
19For purposes of this subsection, the number of inhabitants
20shall be determined by the latest Federal decennial or special
21census of the county.
22    (b) Elected supervisors of assessments who began a term of
23office before December 1, 1990 shall be compensated at the rate
24of their base salary. "Base salary" is the compensation paid
25for their position before July 1, 1989.
26    (c) Elected supervisors of assessments beginning a term of

 

 

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1office on or after December 1, 1990 shall, beginning December
21, 1993, receive their base salary plus at least 12% of base
3salary.
4    Any supervisor of assessments who has been presented a
5Certified Assessing Evaluator Certificate by the International
6Association of Assessing Officers shall receive an additional
7compensation of $500 per year to be paid out of funds
8appropriated to the Department from the Personal Property Tax
9Replacement Fund.
10    The salary set by the county board shall be paid in equal
11monthly installments out of the treasury of the county in which
12he or she is appointed or elected. If the Department has
13determined that the total assessed value of property in a
14county, as equalized by the supervisor of assessments under
15Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
16cash value of property in the county, subject to appropriation,
17the Department shall reimburse the county monthly from the
18Personal Property Tax Replacement Fund 50% of the amount of
19salary the county paid to the officer for the preceding month.
20    The county board shall provide necessary office space for
21the officer and pay all necessary expenses of the office out of
22the county treasury.
23    Each supervisor of assessments may, with the advice and
24consent of the county board, appoint necessary deputies and
25clerks, their compensation to be fixed by the county board and
26paid by the county.

 

 

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1(Source: P.A. 97-72, eff. 7-1-11.)
 
2    Section 15. The Counties Code is amended by changing
3Sections 3-4007 and 4-2001 as follows:
 
4    (55 ILCS 5/3-4007)  (from Ch. 34, par. 3-4007)
5    Sec. 3-4007. Compensation.
6    (a) The public defender shall be paid out of the county
7treasury, and, subject to appropriation, shall be paid by the
8Department of Revenue out of the Personal Property Tax
9Replacement Fund or the General Revenue Fund as provided in
10subsection (b), as the sole compensation for his or her
11services a salary in an amount fixed by the County Board. When
12a Public Defender in a county of 30,000 or more population is
13receiving not less than 90% of the compensation of the State's
14Attorney of such county, that Public Defender shall not engage
15in the private practice of law.
16    (b) The State must pay 66 2/3% of the public defender's
17annual salary. If the public defender is employed full-time in
18that capacity, his or her salary must be at least 90% of that
19county's State's attorney's annual compensation. These Subject
20to appropriation, these amounts furnished by the State shall be
21payable monthly by the Department of Revenue out of the
22Personal Property Tax Replacement Fund or the General Revenue
23Fund to the county in which each Public Defender is employed.
24    (c) In cases where 2 or more adjoining counties have joined

 

 

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1to form a common office of Public Defender, the salary of the
2Public Defender shall be set and paid as provided by a joint
3resolution of the various county boards involved.
4(Source: P.A. 97-72, eff. 7-1-11.)
 
5    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
6    Sec. 4-2001. State's attorney salaries.
7    (a) There shall be allowed to the several state's attorneys
8in this State, except the state's attorney of Cook County, the
9following annual salary:
10        (1) Subject to paragraph (5), to each state's attorney
11    in counties containing less than 10,000 inhabitants,
12    $40,500 until December 31, 1988, $45,500 until June 30,
13    1994, and $55,500 thereafter or as set by the Compensation
14    Review Board, whichever is greater.
15        (2) Subject to paragraph (5), to each state's attorney
16    in counties containing 10,000 or more inhabitants but less
17    than 20,000 inhabitants, $46,500 until December 31, 1988,
18    $61,500 until June 30, 1994, and $71,500 thereafter or as
19    set by the Compensation Review Board, whichever is greater.
20        (3) Subject to paragraph (5), to each state's attorney
21    in counties containing 20,000 or more but less than 30,000
22    inhabitants, $51,000 until December 31, 1988, $65,000
23    until June 30, 1994, and $75,000 thereafter or as set by
24    the Compensation Review Board, whichever is greater.
25        (4) To each state's attorney in counties of 30,000 or

 

 

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1    more inhabitants, $65,500 until December 31, 1988, $80,000
2    until June 30, 1994, and $96,837 thereafter or as set by
3    the Compensation Review Board, whichever is greater.
4        (5) Effective December 1, 2000, to each state's
5    attorney in counties containing fewer than 30,000
6    inhabitants, the same salary plus any cost of living
7    adjustments as authorized by the Compensation Review Board
8    to take effect after January 1, 1999, for state's attorneys
9    in counties containing 20,000 or more but fewer than 30,000
10    inhabitants, or as set by the Compensation Review Board
11    whichever is greater.
12    The State shall furnish 66 2/3% of the total annual
13compensation to be paid to each state's attorney in Illinois
14based on the salary in effect on December 31, 1988, and 100% of
15the increases in salary taking effect after December 31, 1988.
16    Said Subject to appropriation, said amounts furnished by
17the State shall be payable monthly by the Department of Revenue
18out of the Personal Property Tax Replacement Fund or the
19General Revenue Fund to the county in which each state's
20attorney is elected.
21    Each county shall be required to furnish 33 1/3% of the
22total annual compensation to be paid to each state's attorney
23in Illinois based on the salary in effect on December 31, 1988.
24     Within 90 days after the effective date of this amendatory
25Act of the 96th General Assembly, the county board of any
26county with a population between 15,000 and 50,000 by

 

 

SB2935- 19 -LRB099 19055 MLM 43444 b

1resolution or ordinance may increase the amount of compensation
2to be paid to each eligible state's attorney in their county in
3the form of a longevity stipend which shall be added to and
4become part of the salary of the state's attorney for that
5year. To be eligible, the state's attorney must have served in
6the elected position for at least 20 continuous years and elect
7to participate in a program for an alternative annuity for
8county officers and make the required additional optional
9contributions as authorized by P.A. 90-32.
10    (b) Effective December 1, 2000, no state's attorney may
11engage in the private practice of law. However, until November
1230, 2000, (i) the state's attorneys in counties containing
13fewer than 10,000 inhabitants may engage in the practice of
14law, and (ii) in any county between 10,000 and 30,000
15inhabitants or in any county containing 30,000 or more
16inhabitants which reached that population between 1970 and
17December 31, 1981, the state's attorney may declare his or her
18intention to engage in the private practice of law, and may do
19so through no later than November 30, 2000, by filing a written
20declaration of intent to engage in the private practice of law
21with the county clerk. The declaration of intention shall be
22irrevocable during the remainder of the term of office. The
23declaration shall be filed with the county clerk within 30 days
24of certification of election or appointment, or within 60 days
25of March 15, 1989, whichever is later. In that event the annual
26salary of such state's attorney shall be as follows:

 

 

SB2935- 20 -LRB099 19055 MLM 43444 b

1        (1) In counties containing 10,000 or more inhabitants
2    but less than 20,000 inhabitants, $46,500 until December
3    31, 1988, $51,500 until June 30, 1994, and $61,500
4    thereafter or as set by the Compensation Review Board,
5    whichever is greater. The State shall furnish 100% of the
6    increases taking effect after December 31, 1988.
7        (2) In counties containing 20,000 or more inhabitants
8    but less than 30,000 inhabitants, and in counties
9    containing 30,000 or more inhabitants which reached said
10    population between 1970 and December 31, 1981, $51,500
11    until December 31, 1988, $56,000 until June 30, 1994, and
12    $65,000 thereafter or as set by the Compensation Review
13    Board, whichever is greater. The State shall furnish 100%
14    of the increases taking effect after December 31, 1988.
15    (c) In counties where a state mental health institution, as
16hereinafter defined, is located, one assistant state's
17attorney shall, subject to appropriation, receive for his
18services, payable monthly by the Department of Revenue out of
19the Personal Property Tax Replacement Fund or the General
20Revenue Fund to the county in which he is appointed, the
21following:
22        (1) To each assistant state's attorney in counties
23    containing less than 10,000 inhabitants, the sum of $2,500
24    per annum;
25        (2) To each assistant state's attorney in counties
26    containing not less than 10,000 inhabitants and not more

 

 

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

 

 

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1        (1) $22,000 for each assistant state's attorney in
2    counties with one or more State correctional institutions
3    with a total average daily inmate population in excess of
4    2,000, on the basis of 2 assistant state's attorneys when
5    the total average daily inmate population exceeds 2,000 but
6    is less than 4,000; and 3 assistant state's attorneys when
7    such population exceeds 4,000; with reimbursement to be
8    based on actual services rendered.
9        (2) $15,000 per year for one assistant state's attorney
10    in counties having one or more correctional institutions
11    with a total average daily inmate population of between 750
12    and 2,000 inmates, with reimbursement to be based on actual
13    services rendered.
14        (3) A maximum of $12,000 per year for one assistant
15    state's attorney in counties having less than 750 inmates,
16    with reimbursement to be based on actual services rendered.
17        Upon application of the county governing authority and
18    certification of the State's Attorney, the Director of
19    Corrections may, in his discretion and subject to
20    appropriation, increase the amount of salary reimbursement
21    to a county in the event special circumstances require the
22    county to incur extraordinary salary expenditures as a
23    result of services performed in connection with State
24    correctional institutions in that county.
25    In determining whether or not to increase the amount of
26salary reimbursement, the Director shall consider, among other

 

 

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

 

 

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1    Such salaries shall be paid to the state's attorney and the
2assistant state's attorney in equal monthly installments by
3such county out of the county treasury provided that, subject
4to appropriation, the Department of Revenue shall reimburse
5each county monthly, out of the Personal Property Tax
6Replacement Fund or the General Revenue Fund, the amount of
7such salary. This Section shall not prevent the payment of such
8additional compensation to the state's attorney or assistant
9state's attorney of any county, out of the treasury of that
10county as may be provided by law.
11    (g) For purposes of this Section, "State mental health
12institution" means any institution under the jurisdiction of
13the Department of Human Services that is listed in Section 4 of
14the Mental Health and Developmental Disabilities
15Administrative Act.
16    For purposes of this Section, "State correctional
17institution" means any facility of the Department of
18Corrections including adult facilities, juvenile facilities,
19pre-release centers, community correction centers, and work
20camps.
21    For purposes of this Section, "State university" means the
22University of Illinois, Southern Illinois University, Chicago
23State University, Eastern Illinois University, Governors State
24University, Illinois State University, Northeastern Illinois
25University, Northern Illinois University, Western Illinois
26University, and any public community college which has

 

 

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1established a program of interinstitutional cooperation with
2one of the foregoing institutions whereby a student, after
3earning an associate degree from the community college, pursues
4a course of study at the community college campus leading to a
5baccalaureate degree from the foregoing institution (also
6known as a "2 Plus 2" degree program).
7    (h) A number of assistant state's attorneys shall be
8appointed in each county that chooses to participate, as
9provided in this subsection, for the prosecution of
10alcohol-related traffic offenses. Each county shall receive
11monthly a subsidy for payment of the salaries and benefits of
12these assistant state's attorneys from State funds
13appropriated to the Department of Revenue out of the Personal
14Property Tax Replacement Fund or the General Revenue Fund for
15that purpose. The amounts of subsidies provided by this
16subsection shall be adjusted for inflation each July 1 using
17the Consumer Price Index of the Bureau of Labor Statistics of
18the U.S. Department of Labor.
19    When a county chooses to participate in the subsidy program
20described in this subsection (h), the number of assistant
21state's attorneys who are prosecuting alcohol-related traffic
22offenses must increase according to the subsidy provided in
23this subsection. These appointed assistant state's attorneys
24shall be in addition to any other assistant state's attorneys
25assigned to those cases on the effective date of this
26amendatory Act of the 91st General Assembly, and may not

 

 

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1replace those assistant state's attorneys. In counties where
2the state's attorney is the sole prosecutor, this subsidy shall
3be used to provide an assistant state's attorney to prosecute
4alcohol-related traffic offenses along with the state's
5attorney. In counties where the state's attorney is the sole
6prosecutor, and in counties where a judge presides over cases
7involving a variety of misdemeanors, including alcohol-related
8traffic matters, assistant state's attorneys appointed and
9subsidized by this subsection (h) may also prosecute the
10different misdemeanor cases at the direction of the state's
11attorney.
12    Assistant state's attorneys shall be appointed under this
13subsection in the following number and counties shall receive
14the following annual subsidies:
15        (1) In counties with fewer than 30,000 inhabitants, one
16    at $35,000.
17        (2) In counties with 30,000 or more but fewer than
18    100,000 inhabitants, one at $45,000.
19        (3) In counties with 100,000 or more but fewer than
20    300,000 inhabitants, 2 at $45,000 each.
21        (4) In counties, other than Cook County, with 300,000
22    or more inhabitants, 4 at $50,000 each.
23    The amounts appropriated under this Section must be
24segregated by population classification and disbursed monthly.
25    If in any year the amount appropriated for the purposes of
26this subsection (h) is insufficient to pay all of the subsidies

 

 

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