Full Text of SB0685 100th General Assembly
SB0685eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-4007, 3-9012, and 4-2001 as follows:
| 6 | | (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
| 7 | | Sec. 3-4007. Compensation.
| 8 | | (a) The public defender
shall be paid out of the county | 9 | | treasury, and, subject to appropriation, shall be paid by the | 10 | | Department of Revenue out of the Personal Property Tax | 11 | | Replacement Fund or the General Revenue Fund as provided
in | 12 | | subsection (b), as the
sole compensation for his or her | 13 | | services a salary in an
amount
fixed by the County Board. When | 14 | | a Public Defender in a county of 30,000 or
more population
is | 15 | | receiving not less than 90% of the compensation of the State's | 16 | | Attorney
of such county, that Public Defender shall not engage | 17 | | in the private
practice of law.
| 18 | | (b) The State must pay 66 2/3% of the public defender's | 19 | | annual
salary. If the public defender is employed full-time in | 20 | | that capacity, his or
her salary must be at least 90% of that | 21 | | county's State's attorney's annual
compensation. Subject to | 22 | | appropriation, these amounts furnished by the State shall be | 23 | | payable monthly
by
the Department of Revenue out of the |
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| 1 | | Personal Property Tax Replacement Fund or the General Revenue | 2 | | Fund to the county in which each Public Defender is employed.
| 3 | | (b-5) If a county board adopts a resolution or ordinance to | 4 | | provide additional salary for the State's Attorney under | 5 | | subsection (a-5) of Section 4-2001 of this Code, the county | 6 | | board shall, by resolution, authorize an additional salary | 7 | | increase, equal to at least 90% of the additional salary | 8 | | provided for the State's Attorney, for any full-time Public | 9 | | Defender in the county to be paid from the county treasury. The | 10 | | additional salary shall be effective for the Public Defender | 11 | | immediately, if the resolution or ordinance for the State's | 12 | | Attorney was immediately effective, or at the beginning of the | 13 | | next term of the Public Defender commencing at least 180 days | 14 | | after the county board adopts the resolution or ordinance. | 15 | | (c) In cases where 2 or more adjoining counties have joined
| 16 | | to form a common office of Public Defender, the salary of the | 17 | | Public
Defender shall be set and paid as provided by a joint | 18 | | resolution of the
various county boards involved. Under | 19 | | subsection (b-5), each county board shall approve, by | 20 | | resolution or ordinance, any provision for additional salary | 21 | | for the Public Defender consistent with the counties' joint | 22 | | resolution to pay the Public Defender.
| 23 | | (Source: P.A. 97-72, eff. 7-1-11.)
| 24 | | (55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
| 25 | | Sec. 3-9012. Compensation. A State's attorney who serves 2 |
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| 1 | | or more counties shall receive such
compensation from the State | 2 | | Treasury as is provided by law for the State's
attorney of a | 3 | | single county. He shall be paid by the counties such
| 4 | | compensation as may be agreed upon by the county boards within | 5 | | the salary
range prescribed by law applicable to a single | 6 | | county with a population
equal to the combined population of | 7 | | the counties he serves. Unless the
county boards agree upon a | 8 | | lesser amount, he shall be paid the highest
permissible salary | 9 | | within such range. The amount to be paid by the counties
shall | 10 | | be apportioned among them on the basis of their population.
| 11 | | Seventy-five percent (75%) of the amount provided by law to be | 12 | | paid from
the State treasury for the services of the State's | 13 | | attorney in the case of
a single county is payable to each of | 14 | | the counties served by the same
State's attorney, except that | 15 | | the amounts paid to those counties under this
Section in any | 16 | | year may not exceed, in the aggregate, the annual salary
paid | 17 | | to that State's attorney from both county and State funds, in | 18 | | which
case reduction of the State's contribution to each county | 19 | | shall be reduced
proportionately according to population of | 20 | | each participating county. | 21 | | When the salary is raised under subsection (a-5) of Section | 22 | | 4-2001 of this Code for a State's Attorney who serve 2 or more | 23 | | counties, each county board shall approve, by resolution or | 24 | | ordinance, any provision for additional salary for the State's | 25 | | Attorney consistent with the apportionment based upon county | 26 | | population.
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| 1 | | (Source: P.A. 86-962.)
| 2 | | (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
| 3 | | Sec. 4-2001. State's attorney salaries.
| 4 | | (a) There shall be allowed to the several state's attorneys | 5 | | in this State,
except the state's attorney of Cook County, the | 6 | | following annual salary:
| 7 | | (1) Subject to paragraph (5), to each state's attorney | 8 | | in counties
containing less than 10,000 inhabitants, | 9 | | $40,500 until December 31, 1988,
$45,500 until June 30, | 10 | | 1994, and $55,500 thereafter or as set by the
Compensation | 11 | | Review Board, whichever is greater.
| 12 | | (2) Subject to paragraph (5), to each state's attorney | 13 | | in counties
containing 10,000 or more inhabitants but less | 14 | | than 20,000 inhabitants,
$46,500 until December 31, 1988, | 15 | | $61,500 until June 30, 1994, and $71,500
thereafter or as | 16 | | set by the Compensation Review Board, whichever is greater.
| 17 | | (3) Subject to paragraph (5),
to each state's attorney | 18 | | in counties containing 20,000 or more
but less than 30,000 | 19 | | inhabitants, $51,000 until December 31, 1988,
$65,000 | 20 | | until June 30, 1994, and $75,000
thereafter or as set by | 21 | | the Compensation Review Board, whichever is
greater.
| 22 | | (4) To each state's attorney in counties of 30,000 or
| 23 | | more inhabitants, $65,500 until December 31, 1988, $80,000 | 24 | | until June 30,
1994, and $96,837 thereafter or as set by | 25 | | the Compensation Review Board,
whichever is greater.
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| 1 | | (5) Effective December 1,
2000, to each state's | 2 | | attorney in counties containing fewer than
30,000 | 3 | | inhabitants, the same salary plus any cost of living | 4 | | adjustments
as authorized by the Compensation Review Board | 5 | | to take effect after
January 1, 1999, for state's attorneys | 6 | | in counties containing 20,000
or more but fewer than 30,000 | 7 | | inhabitants, or as set by the Compensation
Review Board | 8 | | whichever is greater.
| 9 | | The State shall furnish 66 2/3% of the total annual | 10 | | compensation
to be paid to each state's attorney in Illinois | 11 | | based on the salary in
effect on December 31, 1988, and , except | 12 | | as otherwise provided in subsection (a-5), 100%
of the | 13 | | increases in salary taking effect after December 31, 1988.
| 14 | | Subject to appropriation, said amounts furnished by the | 15 | | State shall be payable monthly
by the Department of Revenue out | 16 | | of the Personal Property Tax Replacement Fund or the General | 17 | | Revenue Fund to the county in which each state's attorney is
| 18 | | elected.
| 19 | | Each county shall be required to furnish 33 1/3% of the
| 20 | | total annual compensation to be paid to each state's attorney | 21 | | in Illinois
based on the salary in effect on December 31, 1988. | 22 | | Within 90 days after the effective date of this amendatory | 23 | | Act of the 96th General Assembly, the county board of any | 24 | | county with a population between 15,000 and 50,000 by | 25 | | resolution or ordinance may increase the amount of compensation | 26 | | to be paid to each eligible state's attorney in their county in |
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| 1 | | the form of a longevity stipend which shall be added to and | 2 | | become part of the salary of the state's attorney for that | 3 | | year. To be eligible, the state's attorney must have served in | 4 | | the elected position for at least 20 continuous years and elect | 5 | | to participate in a program for an alternative annuity for | 6 | | county officers and make the required additional optional | 7 | | contributions as authorized by P.A. 90-32.
| 8 | | (a-5) Notwithstanding any provision of the Compensation | 9 | | Review Act or subsection (a) of this Section to the contrary, a | 10 | | county board may provide for additional salary for the State's | 11 | | Attorney to be paid from the county treasury in addition to the | 12 | | salary authorized by subsection (a). Within 90 days after the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly, a county board may, by resolution or ordinance, | 15 | | provide for the additional salary authorized by this subsection | 16 | | for the State's Attorney to have immediate effect. On and after | 17 | | 90 days after the effective date of this amendatory Act of the | 18 | | 100th General Assembly, any changes to the provision of | 19 | | additional salary for the State's Attorney authorized by this | 20 | | subsection by a county board shall become effective at the | 21 | | beginning of the next term of the State's Attorney commencing | 22 | | at least 180 days after the county board adopts the resolution | 23 | | or ordinance. | 24 | | (b) Effective December 1, 2000, no state's attorney may | 25 | | engage in
the private practice of law. However, until November | 26 | | 30, 2000,
(i) the state's attorneys in counties containing |
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| 1 | | fewer than 10,000 inhabitants
may engage in the practice of | 2 | | law, and (ii) in any county between 10,000 and
30,000 | 3 | | inhabitants or in any county containing 30,000 or more | 4 | | inhabitants which
reached that population between 1970 and | 5 | | December 31, 1981, the state's
attorney may declare his or her | 6 | | intention to engage in the private practice of
law, and may do | 7 | | so through no later than November 30, 2000, by filing a written
| 8 | | declaration of intent to engage in the private practice of law | 9 | | with the county
clerk. The declaration of intention shall be | 10 | | irrevocable during the remainder
of the term of office. The | 11 | | declaration shall be filed with the county clerk
within 30 days | 12 | | of certification of election or appointment, or within 60 days
| 13 | | of March 15, 1989, whichever is later. In that event the annual | 14 | | salary of such
state's attorney shall be as follows:
| 15 | | (1) In counties containing 10,000 or more inhabitants | 16 | | but less than
20,000 inhabitants, $46,500 until December | 17 | | 31, 1988, $51,500
until June 30, 1994, and $61,500 | 18 | | thereafter or as set by the Compensation
Review Board, | 19 | | whichever is greater.
The State shall furnish 100% of the | 20 | | increases taking
effect after December 31, 1988.
| 21 | | (2) In counties containing 20,000 or more inhabitants | 22 | | but less than
30,000 inhabitants, and in counties | 23 | | containing 30,000 or more inhabitants
which reached said | 24 | | population between 1970 and December 31, 1981, $51,500
| 25 | | until December 31, 1988, $56,000 until June 30, 1994, and | 26 | | $65,000
thereafter or as set by the Compensation Review |
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| 1 | | Board, whichever is
greater. The State shall furnish 100% | 2 | | of the
increases taking effect after December 31, 1988.
| 3 | | (c) In counties where a state mental health institution, as | 4 | | hereinafter
defined, is located, one assistant state's | 5 | | attorney shall, subject to appropriation, receive for his
| 6 | | services, payable monthly by the Department of Revenue out of | 7 | | the Personal Property Tax Replacement Fund or the General | 8 | | Revenue Fund to the county in which he
is appointed, the | 9 | | 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 | 3 | | fixing salaries as
herein provided shall be based upon the last | 4 | | Federal census immediately
previous to the appointment of an | 5 | | assistant state's attorney in each county.
| 6 | | (e) At the request of the county governing authority, in | 7 | | counties where
one or more state correctional institutions, as | 8 | | hereinafter defined, are
located, one or more assistant state's | 9 | | attorneys shall, subject to appropriation, receive for their
| 10 | | services, provided that such services are performed in | 11 | | connection with the
state correctional institution, payable | 12 | | monthly by the Department of Revenue out of the Personal | 13 | | Property Tax Replacement Fund or the General Revenue Fund to
| 14 | | the county in which they are appointed, the following:
| 15 | | (1) $22,000 for each assistant state's attorney in | 16 | | counties with one
or more State correctional institutions | 17 | | with a total average daily inmate
population in excess of | 18 | | 2,000, on the basis of 2 assistant state's
attorneys when | 19 | | the total average daily inmate population exceeds 2,000
but | 20 | | is less than 4,000; and 3 assistant state's attorneys when | 21 | | such
population exceeds 4,000; with reimbursement to be | 22 | | based on actual services
rendered.
| 23 | | (2) $15,000 per year for one assistant state's attorney | 24 | | in counties
having one or more correctional institutions | 25 | | with a total average daily
inmate population of between 750 | 26 | | and 2,000 inmates, with reimbursement to
be based on actual |
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| 1 | | services rendered.
| 2 | | (3) A maximum of $12,000 per year for one assistant | 3 | | state's attorney
in counties having less than 750 inmates, | 4 | | with reimbursement to be based on
actual services rendered.
| 5 | | Upon application of the county governing authority and | 6 | | certification of
the State's Attorney, the Director of | 7 | | Corrections may, in his discretion
and subject to | 8 | | appropriation, increase the amount of salary reimbursement
| 9 | | to a county in the event special circumstances require the | 10 | | county to incur
extraordinary salary expenditures as a | 11 | | result of services performed in
connection with State | 12 | | correctional institutions in that county.
| 13 | | In determining whether or not to increase the amount of | 14 | | salary
reimbursement, the Director shall consider, among other | 15 | | matters:
| 16 | | (1) the nature of the services rendered;
| 17 | | (2) the results or dispositions obtained;
| 18 | | (3) whether or not the county was required to employ | 19 | | additional attorney
personnel as a direct result of the | 20 | | services actually rendered in
connection with a particular | 21 | | service to a State correctional institution.
| 22 | | (f) In counties where a State senior institution of higher | 23 | | education is
located, the assistant state's attorneys | 24 | | specified by this Section shall, subject to appropriation,
| 25 | | receive for their services, payable monthly by the Department | 26 | | of Revenue out of the Personal Property Tax Replacement Fund or |
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| 1 | | the General Revenue Fund to
the county in which appointed, the | 2 | | following:
| 3 | | (1) $14,000 per year each for employment on a full time | 4 | | basis for 2
assistant state's attorneys in counties having | 5 | | a State university or
State universities with combined full | 6 | | time enrollment of more than
15,000 students.
| 7 | | (2) $7,200 per year for one assistant state's attorney | 8 | | with no
limitation on other practice in counties having a | 9 | | State university or
State universities with combined full | 10 | | time enrollment of 10,000 to
15,000 students.
| 11 | | (3) $4,000 per year for one assistant state's attorney | 12 | | with no
limitation on other practice in counties having a | 13 | | State university or
State universities with combined full | 14 | | time enrollment of less than
10,000 students.
| 15 | | Such salaries shall be paid to the state's attorney and the | 16 | | assistant
state's attorney in equal monthly installments by | 17 | | such county out of the
county treasury provided that, subject | 18 | | to appropriation, the Department of Revenue shall reimburse | 19 | | each
county monthly, out of the Personal Property Tax | 20 | | Replacement Fund or the General Revenue Fund, the amount of | 21 | | such salary. This
Section shall not prevent the payment of such | 22 | | additional compensation to
the state's attorney or assistant | 23 | | state's attorney of any county, out of
the treasury of that | 24 | | county as may be provided by law.
| 25 | | (g) For purposes of this Section, "State mental health | 26 | | institution" means
any institution under the jurisdiction of |
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| 1 | | the Department of Human Services
that is listed in Section 4 of | 2 | | the Mental Health and
Developmental Disabilities | 3 | | Administrative Act.
| 4 | | For purposes of this Section, "State correctional | 5 | | institution" means
any facility of the Department of | 6 | | Corrections including adult facilities,
juvenile facilities, | 7 | | pre-release centers, community correction centers, and
work | 8 | | camps.
| 9 | | For purposes of this Section, "State university" means the | 10 | | University
of Illinois, Southern Illinois University,
Chicago | 11 | | State University, Eastern Illinois University, Governors State
| 12 | | University, Illinois State University, Northeastern Illinois | 13 | | University,
Northern Illinois University, Western Illinois | 14 | | University, and any public
community college
which has | 15 | | established a program of interinstitutional cooperation with | 16 | | one
of the foregoing institutions whereby a student, after | 17 | | earning an associate
degree from the community college, pursues | 18 | | a course of study at the
community college campus leading to a | 19 | | baccalaureate degree from the
foregoing institution (also | 20 | | known as a "2 Plus 2" degree program).
| 21 | | (h) A number of assistant state's attorneys shall be | 22 | | appointed in each
county that chooses to participate, as | 23 | | provided in this subsection,
for the prosecution of | 24 | | alcohol-related traffic offenses. Each county shall
receive | 25 | | monthly a subsidy for payment of the salaries and
benefits of | 26 | | these
assistant state's attorneys from State funds |
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| 1 | | appropriated to the Department of Revenue out of the Personal | 2 | | Property Tax Replacement Fund or the General Revenue Fund for
| 3 | | that purpose. The amounts of subsidies provided by this | 4 | | subsection shall be
adjusted for inflation each July 1 using | 5 | | the Consumer Price Index of the Bureau
of Labor Statistics of | 6 | | the U.S. Department of Labor.
| 7 | | When a county chooses to participate in the subsidy program | 8 | | described in this
subsection (h), the number of assistant | 9 | | state's attorneys who are prosecuting
alcohol-related traffic | 10 | | offenses must increase according to the subsidy
provided in | 11 | | this subsection. These appointed assistant state's attorneys | 12 | | shall
be in addition to any other assistant state's attorneys | 13 | | assigned to those cases
on the effective date of this | 14 | | amendatory Act of the 91st General Assembly, and
may not | 15 | | replace those assistant state's attorneys. In counties where | 16 | | the
state's attorney is the sole prosecutor, this subsidy shall | 17 | | be used to provide
an assistant state's attorney to prosecute | 18 | | alcohol-related traffic offenses
along with the state's | 19 | | attorney. In counties where the state's attorney is the
sole | 20 | | prosecutor, and in counties where a judge presides over cases | 21 | | involving a
variety of misdemeanors, including alcohol-related | 22 | | traffic matters, assistant
state's attorneys appointed and | 23 | | subsidized by this subsection (h) may also
prosecute the | 24 | | different misdemeanor cases at the direction of the state's
| 25 | | attorney.
| 26 | | Assistant state's attorneys shall be appointed under this |
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| 1 | | subsection in the
following number and counties shall receive | 2 | | the following annual subsidies:
| 3 | | (1) In counties with fewer than 30,000 inhabitants, one | 4 | | at $35,000.
| 5 | | (2) In counties with 30,000 or more but fewer than | 6 | | 100,000
inhabitants, one at $45,000.
| 7 | | (3) In counties with 100,000 or more but fewer than | 8 | | 300,000 inhabitants,
2 at $45,000 each.
| 9 | | (4) In counties, other than Cook County, with 300,000 | 10 | | or more inhabitants,
4 at $50,000 each.
| 11 | | The amounts appropriated under this Section must be | 12 | | segregated by
population
classification and disbursed monthly.
| 13 | | If in any year the amount appropriated for the purposes of | 14 | | this subsection
(h) is insufficient to pay all of the subsidies | 15 | | specified in this subsection,
the amount appropriated shall | 16 | | first be prorated by the population
classifications of this | 17 | | subsection (h) and then among the counties choosing
to
| 18 | | participate
within each of those classifications. If any of the | 19 | | appropriated moneys for
each population classification remain | 20 | | at the end of a fiscal year,
the remainder of the moneys may be | 21 | | allocated to participating counties that
were not fully funded | 22 | | during the course of the year. Nothing in
this subsection | 23 | | prohibits 2 or more State's attorneys from combining their
| 24 | | subsidies to appoint a joint assistant State's attorney to
| 25 | | prosecute alcohol-related traffic offenses in multiple | 26 | | counties. Nothing in
this subsection prohibits a State's |
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| 1 | | attorney from appointing an
assistant State's attorney by | 2 | | contract or otherwise.
| 3 | | (Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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