97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1439

 

Introduced , by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9012  from Ch. 34, par. 3-9012
55 ILCS 5/4-2001  from Ch. 34, par. 4-2001

    Amends the Counties Code. Provides that the amount to be paid by the counties to a State's attorney and the amount of the reimbursement from the State Treasury shall be apportioned to a county based on its population. Provides that each State's attorney in counties with a population of less than 30,000 shall be paid $128,959, of which the counties shall pay $16,998; and each State's attorney in counties with a population of 30,000 or more, shall receive $166,508, of which the counties shall pay $21,831. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5Sections 3-9012 and 4-2001 as follows:
 
6    (55 ILCS 5/3-9012)  (from Ch. 34, par. 3-9012)
7    Sec. 3-9012. Compensation. A State's attorney's
8compensation shall be as proscribed by law during his or her
9term of office, notwithstanding any amounts due and owed from
10the State Treasury. A State's attorney who serves 2 or more
11counties shall receive such compensation from the State
12Treasury as is provided by law for the State's attorney of a
13single county. He shall be paid by the counties such
14compensation as may be agreed upon by the county boards within
15the salary range prescribed by law applicable to a single
16county with a population equal to the combined population of
17the counties he serves. Unless the county boards agree upon a
18lesser amount, he shall be paid the highest permissible salary
19within such range. The amount to be paid by the counties and
20the amount of the reimbursement from the State Treasury shall
21be apportioned among them on the basis of their population.
22Seventy-five percent (75%) of the amount provided by law to be
23paid from the State treasury for the services of the State's

 

 

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1attorney in the case of a single county is payable to each of
2the counties served by the same State's attorney, except that
3the amounts paid to those counties under this Section in any
4year may not exceed, in the aggregate, the annual salary paid
5to that State's attorney from both county and State funds, in
6which case reduction of the State's contribution to each county
7shall be reduced proportionately according to population of
8each participating county.
9(Source: P.A. 86-962.)
 
10    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
11    Sec. 4-2001. State's attorney salaries.
12    (a) There shall be allowed to the several state's attorneys
13in this State, except the state's attorney of Cook County, the
14following annual salary:
15        (1) (Blank). Subject to paragraph (5), to each state's
16    attorney in counties containing less than 10,000
17    inhabitants, $40,500 until December 31, 1988, $45,500
18    until June 30, 1994, and $55,500 thereafter or as set by
19    the Compensation Review Board, whichever is greater.
20        (2) (Blank). Subject to paragraph (5), to each state's
21    attorney in counties containing 10,000 or more inhabitants
22    but less than 20,000 inhabitants, $46,500 until December
23    31, 1988, $61,500 until June 30, 1994, and $71,500
24    thereafter or as set by the Compensation Review Board,
25    whichever is greater.

 

 

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1        (3) (Blank). Subject to paragraph (5), to each state's
2    attorney in counties containing 20,000 or more but less
3    than 30,000 inhabitants, $51,000 until December 31, 1988,
4    $65,000 until June 30, 1994, and $75,000 thereafter or as
5    set by the Compensation Review Board, whichever is greater.
6        (4) (Blank). To each state's attorney in counties of
7    30,000 or more inhabitants, $65,500 until December 31,
8    1988, $80,000 until June 30, 1994, and $96,837 thereafter
9    or as set by the Compensation Review Board, whichever is
10    greater.
11        (5) (Blank). Effective December 1, 2000, to each
12    state's attorney in counties containing fewer than 30,000
13    inhabitants, the same salary plus any cost of living
14    adjustments as authorized by the Compensation Review Board
15    to take effect after January 1, 1999, for state's attorneys
16    in counties containing 20,000 or more but fewer than 30,000
17    inhabitants, or as set by the Compensation Review Board
18    whichever is greater.
19    To each State's attorney in counties with a population of
20less than 30,000 inhabitants, $128,959, of which the counties
21shall pay $16,998; and to each State's attorney in counties
22with a population of 30,000 or more inhabitants, $166,508, of
23which the counties shall pay $21,831.
24    The State shall furnish 66 2/3% of the total annual
25compensation to be paid to each state's attorney in Illinois
26based on the salary in effect on December 31, 1988, and 100% of

 

 

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1the increases in salary taking effect after December 31, 1988.
2    Said amounts furnished by the State shall be payable
3monthly from the state treasury to the county in which each
4state's attorney is elected.
5    Each county shall be required to furnish 33 1/3% of the
6total annual compensation to be paid to each state's attorney
7in Illinois based on the salary in effect on December 31, 1988.
8     Within 90 days after the effective date of this amendatory
9Act of the 96th General Assembly, the county board of any
10county with a population between 15,000 and 50,000 by
11resolution or ordinance may increase the amount of compensation
12to be paid to each eligible state's attorney in their county in
13the form of a longevity stipend which shall be added to and
14become part of the salary of the state's attorney for that
15year. To be eligible, the state's attorney must have served in
16the elected position for at least 20 continuous years and elect
17to participate in a program for an alternative annuity for
18county officers and make the required additional optional
19contributions as authorized by P.A. 90-32.
20    (b) Effective December 1, 2000, no state's attorney may
21engage in the private practice of law. However, until November
2230, 2000, (i) the state's attorneys in counties containing
23fewer than 10,000 inhabitants may engage in the practice of
24law, and (ii) in any county between 10,000 and 30,000
25inhabitants or in any county containing 30,000 or more
26inhabitants which reached that population between 1970 and

 

 

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1December 31, 1981, the state's attorney may declare his or her
2intention to engage in the private practice of law, and may do
3so through no later than November 30, 2000, by filing a written
4declaration of intent to engage in the private practice of law
5with the county clerk. The declaration of intention shall be
6irrevocable during the remainder of the term of office. The
7declaration shall be filed with the county clerk within 30 days
8of certification of election or appointment, or within 60 days
9of March 15, 1989, whichever is later. In that event the annual
10salary of such state's attorney shall be as follows:
11        (1) In counties containing 10,000 or more inhabitants
12    but less than 20,000 inhabitants, $46,500 until December
13    31, 1988, $51,500 until June 30, 1994, and $61,500
14    thereafter or as set by the Compensation Review Board,
15    whichever is greater. The State shall furnish 100% of the
16    increases taking effect after December 31, 1988.
17        (2) In counties containing 20,000 or more inhabitants
18    but less than 30,000 inhabitants, and in counties
19    containing 30,000 or more inhabitants which reached said
20    population between 1970 and December 31, 1981, $51,500
21    until December 31, 1988, $56,000 until June 30, 1994, and
22    $65,000 thereafter or as set by the Compensation Review
23    Board, whichever is greater. The State shall furnish 100%
24    of the increases taking effect after December 31, 1988.
25    (c) In counties where a state mental health institution, as
26hereinafter defined, is located, one assistant state's

 

 

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1attorney shall receive for his services, payable monthly from
2the state treasury to the county in which he is appointed, the
3following:
4        (1) To each assistant state's attorney in counties
5    containing less than 10,000 inhabitants, the sum of $2,500
6    per annum;
7        (2) To each assistant state's attorney in counties
8    containing not less than 10,000 inhabitants and not more
9    than 20,000 inhabitants, the sum of $3,500 per annum;
10        (3) To each assistant state's attorney in counties
11    containing not less than 20,000 inhabitants and not more
12    than 30,000 inhabitants, the sum of $4,000 per annum;
13        (4) To each assistant state's attorney in counties
14    containing not less than 30,000 inhabitants and not more
15    than 40,000 inhabitants, the sum of $4,500 per annum;
16        (5) To each assistant state's attorney in counties
17    containing not less than 40,000 inhabitants and not more
18    than 70,000 inhabitants, the sum of $5,000 per annum;
19        (6) To each assistant state's attorney in counties
20    containing not less than 70,000 inhabitants and not more
21    than 1,000,000 inhabitants, the sum of $6,000 per annum.
22    (d) The population of all counties for the purpose of
23fixing salaries as herein provided shall be based upon the last
24Federal census immediately previous to the appointment of an
25assistant state's attorney in each county.
26    (e) At the request of the county governing authority, in

 

 

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1counties where one or more state correctional institutions, as
2hereinafter defined, are located, one or more assistant state's
3attorneys shall receive for their services, provided that such
4services are performed in connection with the state
5correctional institution, payable monthly from the state
6treasury to the county in which they are appointed, the
7following:
8        (1) $22,000 for each assistant state's attorney in
9    counties with one or more State correctional institutions
10    with a total average daily inmate population in excess of
11    2,000, on the basis of 2 assistant state's attorneys when
12    the total average daily inmate population exceeds 2,000 but
13    is less than 4,000; and 3 assistant state's attorneys when
14    such population exceeds 4,000; with reimbursement to be
15    based on actual services rendered.
16        (2) $15,000 per year for one assistant state's attorney
17    in counties having one or more correctional institutions
18    with a total average daily inmate population of between 750
19    and 2,000 inmates, with reimbursement to be based on actual
20    services rendered.
21        (3) A maximum of $12,000 per year for one assistant
22    state's attorney in counties having less than 750 inmates,
23    with reimbursement to be based on actual services rendered.
24        Upon application of the county governing authority and
25    certification of the State's Attorney, the Director of
26    Corrections may, in his discretion and subject to

 

 

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

 

 

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1    time enrollment of 10,000 to 15,000 students.
2        (3) $4,000 per year for one assistant state's attorney
3    with no limitation on other practice in counties having a
4    State university or State universities with combined full
5    time enrollment of less than 10,000 students.
6    Such salaries shall be paid to the state's attorney and the
7assistant state's attorney in equal monthly installments by
8such county out of the county treasury provided that the State
9of Illinois shall reimburse each county monthly from the state
10treasury the amount of such salary. This Section shall not
11prevent the payment of such additional compensation to the
12state's attorney or assistant state's attorney of any county,
13out of the treasury of that county 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 county for that purpose. The amounts of
17subsidies provided by this subsection shall be adjusted for
18inflation each July 1 using the Consumer Price Index of the
19Bureau of Labor Statistics of the U.S. Department of Labor.
20    When a county chooses to participate in the subsidy program
21described in this subsection (h), the number of assistant
22state's attorneys who are prosecuting alcohol-related traffic
23offenses must increase according to the subsidy provided in
24this subsection. These appointed assistant state's attorneys
25shall be in addition to any other assistant state's attorneys
26assigned to those cases on the effective date of this

 

 

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

 

 

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1this subsection (h) is insufficient to pay all of the subsidies
2specified in this subsection, the amount appropriated shall
3first be prorated by the population classifications of this
4subsection (h) and then among the counties choosing to
5participate within each of those classifications. If any of the
6appropriated moneys for each population classification remain
7at the end of a fiscal year, the remainder of the moneys may be
8allocated to participating counties that were not fully funded
9during the course of the year. Nothing in this subsection
10prohibits 2 or more State's attorneys from combining their
11subsidies to appoint a joint assistant State's attorney to
12prosecute alcohol-related traffic offenses in multiple
13counties. Nothing in this subsection prohibits a State's
14attorney from appointing an assistant State's attorney by
15contract or otherwise.
16(Source: P.A. 96-259, eff. 8-11-09.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.