97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5748

 

Introduced 2/16/2012, 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. Authorizes the payment of specified salaries and reimbursements by the Office of the Comptroller (now, the Department of Revenue) out of certain funds. Effective immediately.


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A BILL FOR

 

HB5748LRB097 18749 KMW 63984 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
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, plus any cost of living
24increases authorized by the Compensation Review Board Act.
25    The State shall furnish 66 2/3% of the total annual
26compensation to be paid to each state's attorney in Illinois

 

 

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1based on the salary in effect on December 31, 1988, and 100% of
2the increases in salary taking effect after December 31, 1988.
3    Said Subject to appropriation, said amounts furnished by
4the State shall be payable monthly by the Office of the
5Comptroller Department of Revenue out of the Personal Property
6Tax Replacement Fund or the General Revenue Fund to the county
7in which each state's attorney is elected.
8    Each county shall be required to furnish 33 1/3% of the
9total annual compensation to be paid to each state's attorney
10in Illinois based on the salary in effect on December 31, 1988.
11     Within 90 days after the effective date of this amendatory
12Act of the 96th General Assembly, the county board of any
13county with a population between 15,000 and 50,000 by
14resolution or ordinance may increase the amount of compensation
15to be paid to each eligible state's attorney in their county in
16the form of a longevity stipend which shall be added to and
17become part of the salary of the state's attorney for that
18year. To be eligible, the state's attorney must have served in
19the elected position for at least 20 continuous years and elect
20to participate in a program for an alternative annuity for
21county officers and make the required additional optional
22contributions as authorized by P.A. 90-32.
23    (b) Effective December 1, 2000, no state's attorney may
24engage in the private practice of law. However, until November
2530, 2000, (i) the state's attorneys in counties containing
26fewer than 10,000 inhabitants may engage in the practice of

 

 

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

 

 

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1    100% of the increases taking effect after December 31,
2    1988.
3    (c) In counties where a state mental health institution, as
4hereinafter defined, is located, one assistant state's
5attorney shall, subject to appropriation, receive for his
6services, payable monthly by the Office of the Comptroller
7Department of Revenue out of the Personal Property Tax
8Replacement Fund or the General Revenue Fund to the county in
9which he is appointed, the following:
10        (1) To each assistant state's attorney in counties
11    containing less than 10,000 inhabitants, the sum of $2,500
12    per annum;
13        (2) To each assistant state's attorney in counties
14    containing not less than 10,000 inhabitants and not more
15    than 20,000 inhabitants, the sum of $3,500 per annum;
16        (3) To each assistant state's attorney in counties
17    containing not less than 20,000 inhabitants and not more
18    than 30,000 inhabitants, the sum of $4,000 per annum;
19        (4) To each assistant state's attorney in counties
20    containing not less than 30,000 inhabitants and not more
21    than 40,000 inhabitants, the sum of $4,500 per annum;
22        (5) To each assistant state's attorney in counties
23    containing not less than 40,000 inhabitants and not more
24    than 70,000 inhabitants, the sum of $5,000 per annum;
25        (6) To each assistant state's attorney in counties
26    containing not less than 70,000 inhabitants and not more

 

 

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1    than 1,000,000 inhabitants, the sum of $6,000 per annum.
2    (d) The population of all counties for the purpose of
3fixing salaries as herein provided shall be based upon the last
4Federal census immediately previous to the appointment of an
5assistant state's attorney in each county.
6    (e) At the request of the county governing authority, in
7counties where one or more state correctional institutions, as
8hereinafter defined, are located, one or more assistant state's
9attorneys shall, subject to appropriation, receive for their
10services, provided that such services are performed in
11connection with the state correctional institution, payable
12monthly by the Office of the Comptroller Department of Revenue
13out of the Personal Property Tax Replacement Fund or the
14General Revenue Fund to the county in which they are appointed,
15the following:
16        (1) $22,000 for each assistant state's attorney in
17    counties with one or more State correctional institutions
18    with a total average daily inmate population in excess of
19    2,000, on the basis of 2 assistant state's attorneys when
20    the total average daily inmate population exceeds 2,000 but
21    is less than 4,000; and 3 assistant state's attorneys when
22    such population exceeds 4,000; with reimbursement to be
23    based on actual services rendered.
24        (2) $15,000 per year for one assistant state's attorney
25    in counties having one or more correctional institutions
26    with a total average daily inmate population of between 750

 

 

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1    and 2,000 inmates, with reimbursement to be based on actual
2    services rendered.
3        (3) A maximum of $12,000 per year for one assistant
4    state's attorney in counties having less than 750 inmates,
5    with reimbursement to be based on actual services rendered.
6        Upon application of the county governing authority and
7    certification of the State's Attorney, the Director of
8    Corrections may, in his discretion and subject to
9    appropriation, increase the amount of salary reimbursement
10    to a county in the event special circumstances require the
11    county to incur extraordinary salary expenditures as a
12    result of services performed in connection with State
13    correctional institutions in that county.
14    In determining whether or not to increase the amount of
15salary reimbursement, the Director shall consider, among other
16matters:
17        (1) the nature of the services rendered;
18        (2) the results or dispositions obtained;
19        (3) whether or not the county was required to employ
20    additional attorney personnel as a direct result of the
21    services actually rendered in connection with a particular
22    service to a State correctional institution.
23    (f) In counties where a State senior institution of higher
24education is located, the assistant state's attorneys
25specified by this Section shall, subject to appropriation,
26receive for their services, payable monthly by the Office of

 

 

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1the Comptroller Department of Revenue out of the Personal
2Property Tax Replacement Fund or the General Revenue Fund to
3the county in which appointed, the following:
4        (1) $14,000 per year each for employment on a full time
5    basis for 2 assistant state's attorneys in counties having
6    a State university or State universities with combined full
7    time enrollment of more than 15,000 students.
8        (2) $7,200 per year for one assistant state's attorney
9    with no limitation on other practice in counties having a
10    State university or State universities with combined full
11    time enrollment of 10,000 to 15,000 students.
12        (3) $4,000 per year for one assistant state's attorney
13    with no limitation on other practice in counties having a
14    State university or State universities with combined full
15    time enrollment of less than 10,000 students.
16    Such salaries shall be paid to the state's attorney and the
17assistant state's attorney in equal monthly installments by
18such county out of the county treasury provided that, subject
19to appropriation, the Office of the Comptroller Department of
20Revenue shall reimburse each county monthly, out of the
21Personal Property Tax Replacement Fund or the General Revenue
22Fund, the amount of such salary. This Section shall not prevent
23the payment of such additional compensation to the state's
24attorney or assistant state's attorney of any county, out of
25the treasury of that county as may be provided by law.
26    (g) For purposes of this Section, "State mental health

 

 

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1institution" means any institution under the jurisdiction of
2the Department of Human Services that is listed in Section 4 of
3the Mental Health and Developmental Disabilities
4Administrative Act.
5    For purposes of this Section, "State correctional
6institution" means any facility of the Department of
7Corrections including adult facilities, juvenile facilities,
8pre-release centers, community correction centers, and work
9camps.
10    For purposes of this Section, "State university" means the
11University of Illinois, Southern Illinois University, Chicago
12State University, Eastern Illinois University, Governors State
13University, Illinois State University, Northeastern Illinois
14University, Northern Illinois University, Western Illinois
15University, and any public community college which has
16established a program of interinstitutional cooperation with
17one of the foregoing institutions whereby a student, after
18earning an associate degree from the community college, pursues
19a course of study at the community college campus leading to a
20baccalaureate degree from the foregoing institution (also
21known as a "2 Plus 2" degree program).
22    (h) A number of assistant state's attorneys shall be
23appointed in each county that chooses to participate, as
24provided in this subsection, for the prosecution of
25alcohol-related traffic offenses. Each county shall receive
26monthly a subsidy for payment of the salaries and benefits of

 

 

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1these assistant state's attorneys from State funds
2appropriated to the Office of the Comptroller Department of
3Revenue out of the Personal Property Tax Replacement Fund or
4the General Revenue Fund for that purpose. The amounts of
5subsidies provided by this subsection shall be adjusted for
6inflation each July 1 using the Consumer Price Index of the
7Bureau of Labor Statistics of the U.S. Department of Labor.
8    When a county chooses to participate in the subsidy program
9described in this subsection (h), the number of assistant
10state's attorneys who are prosecuting alcohol-related traffic
11offenses must increase according to the subsidy provided in
12this subsection. These appointed assistant state's attorneys
13shall be in addition to any other assistant state's attorneys
14assigned to those cases on the effective date of this
15amendatory Act of the 91st General Assembly, and may not
16replace those assistant state's attorneys. In counties where
17the state's attorney is the sole prosecutor, this subsidy shall
18be used to provide an assistant state's attorney to prosecute
19alcohol-related traffic offenses along with the state's
20attorney. In counties where the state's attorney is the sole
21prosecutor, and in counties where a judge presides over cases
22involving a variety of misdemeanors, including alcohol-related
23traffic matters, assistant state's attorneys appointed and
24subsidized by this subsection (h) may also prosecute the
25different misdemeanor cases at the direction of the state's
26attorney.

 

 

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1    Assistant state's attorneys shall be appointed under this
2subsection in the following number and counties shall receive
3the following annual subsidies:
4        (1) In counties with fewer than 30,000 inhabitants, one
5    at $35,000.
6        (2) In counties with 30,000 or more but fewer than
7    100,000 inhabitants, one at $45,000.
8        (3) In counties with 100,000 or more but fewer than
9    300,000 inhabitants, 2 at $45,000 each.
10        (4) In counties, other than Cook County, with 300,000
11    or more inhabitants, 4 at $50,000 each.
12    The amounts appropriated under this Section must be
13segregated by population classification and disbursed monthly.
14    If in any year the amount appropriated for the purposes of
15this subsection (h) is insufficient to pay all of the subsidies
16specified in this subsection, the amount appropriated shall
17first be prorated by the population classifications of this
18subsection (h) and then among the counties choosing to
19participate within each of those classifications. If any of the
20appropriated moneys for each population classification remain
21at the end of a fiscal year, the remainder of the moneys may be
22allocated to participating counties that were not fully funded
23during the course of the year. Nothing in this subsection
24prohibits 2 or more State's attorneys from combining their
25subsidies to appoint a joint assistant State's attorney to
26prosecute alcohol-related traffic offenses in multiple

 

 

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1counties. Nothing in this subsection prohibits a State's
2attorney from appointing an assistant State's attorney by
3contract or otherwise.
4(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.