Full Text of HB0748 99th General Assembly
HB0748 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0748 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/4-2001 | from Ch. 34, par. 4-2001 |
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Amends the Counties Code. Makes a technical change in a Section concerning
state's attorney salaries.
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| | 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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 4-2001 as follows:
| 6 | | (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
| 7 | | Sec. 4-2001. State's attorney salaries.
| 8 | | (a) There shall be allowed to the
the several state's | 9 | | attorneys in this State,
except the state's attorney of Cook | 10 | | County, the following annual salary:
| 11 | | (1) Subject to paragraph (5), to each state's attorney | 12 | | in counties
containing less than 10,000 inhabitants, | 13 | | $40,500 until December 31, 1988,
$45,500 until June 30, | 14 | | 1994, and $55,500 thereafter or as set by the
Compensation | 15 | | Review Board, whichever is greater.
| 16 | | (2) Subject to paragraph (5), to each state's attorney | 17 | | in counties
containing 10,000 or more inhabitants but less | 18 | | than 20,000 inhabitants,
$46,500 until December 31, 1988, | 19 | | $61,500 until June 30, 1994, and $71,500
thereafter or as | 20 | | set by the Compensation Review Board, whichever is greater.
| 21 | | (3) Subject to paragraph (5),
to each state's attorney | 22 | | in counties containing 20,000 or more
but less than 30,000 | 23 | | inhabitants, $51,000 until December 31, 1988,
$65,000 |
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| 1 | | until June 30, 1994, and $75,000
thereafter or as set by | 2 | | the Compensation Review Board, whichever is
greater.
| 3 | | (4) To each state's attorney in counties of 30,000 or
| 4 | | more inhabitants, $65,500 until December 31, 1988, $80,000 | 5 | | until June 30,
1994, and $96,837 thereafter or as set by | 6 | | the Compensation Review Board,
whichever is greater.
| 7 | | (5) Effective December 1,
2000, to each state's | 8 | | attorney in counties containing fewer than
30,000 | 9 | | inhabitants, the same salary plus any cost of living | 10 | | adjustments
as authorized by the Compensation Review Board | 11 | | to take effect after
January 1, 1999, for state's attorneys | 12 | | in counties containing 20,000
or more but fewer than 30,000 | 13 | | inhabitants, or as set by the Compensation
Review Board | 14 | | whichever is greater.
| 15 | | The State shall furnish 66 2/3% of the total annual | 16 | | compensation
to be paid to each state's attorney in Illinois | 17 | | based on the salary in
effect on December 31, 1988, and 100%
of | 18 | | the increases in salary taking effect after December 31, 1988.
| 19 | | Subject to appropriation, said amounts furnished by the | 20 | | State shall be payable monthly
by the Department of Revenue out | 21 | | of the Personal Property Tax Replacement Fund or the General | 22 | | Revenue Fund to the county in which each state's attorney is
| 23 | | elected.
| 24 | | Each county shall be required to furnish 33 1/3% of the
| 25 | | total annual compensation to be paid to each state's attorney | 26 | | in Illinois
based on the salary in effect on December 31, 1988. |
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| 1 | | Within 90 days after the effective date of this amendatory | 2 | | Act of the 96th General Assembly, the county board of any | 3 | | county with a population between 15,000 and 50,000 by | 4 | | resolution or ordinance may increase the amount of compensation | 5 | | to be paid to each eligible state's attorney in their county in | 6 | | the form of a longevity stipend which shall be added to and | 7 | | become part of the salary of the state's attorney for that | 8 | | year. To be eligible, the state's attorney must have served in | 9 | | the elected position for at least 20 continuous years and elect | 10 | | to participate in a program for an alternative annuity for | 11 | | county officers and make the required additional optional | 12 | | contributions as authorized by P.A. 90-32.
| 13 | | (b) Effective December 1, 2000, no state's attorney may | 14 | | engage in
the private practice of law. However, until November | 15 | | 30, 2000,
(i) the state's attorneys in counties containing | 16 | | fewer than 10,000 inhabitants
may engage in the practice of | 17 | | law, and (ii) in any county between 10,000 and
30,000 | 18 | | inhabitants or in any county containing 30,000 or more | 19 | | inhabitants which
reached that population between 1970 and | 20 | | December 31, 1981, the state's
attorney may declare his or her | 21 | | intention to engage in the private practice of
law, and may do | 22 | | so through no later than November 30, 2000, by filing a written
| 23 | | declaration of intent to engage in the private practice of law | 24 | | with the county
clerk. The declaration of intention shall be | 25 | | irrevocable during the remainder
of the term of office. The | 26 | | declaration shall be filed with the county clerk
within 30 days |
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| 1 | | of certification of election or appointment, or within 60 days
| 2 | | of March 15, 1989, whichever is later. In that event the annual | 3 | | salary of such
state's attorney shall be as follows:
| 4 | | (1) In counties containing 10,000 or more inhabitants | 5 | | but less than
20,000 inhabitants, $46,500 until December | 6 | | 31, 1988, $51,500
until June 30, 1994, and $61,500 | 7 | | thereafter or as set by the Compensation
Review Board, | 8 | | whichever is greater.
The State shall furnish 100% of the | 9 | | increases taking
effect after December 31, 1988.
| 10 | | (2) In counties containing 20,000 or more inhabitants | 11 | | but less than
30,000 inhabitants, and in counties | 12 | | containing 30,000 or more inhabitants
which reached said | 13 | | population between 1970 and December 31, 1981, $51,500
| 14 | | until December 31, 1988, $56,000 until June 30, 1994, and | 15 | | $65,000
thereafter or as set by the Compensation Review | 16 | | Board, whichever is
greater. The State shall furnish 100% | 17 | | of the
increases taking effect after December 31, 1988.
| 18 | | (c) In counties where a state mental health institution, as | 19 | | hereinafter
defined, is located, one assistant state's | 20 | | attorney shall, subject to appropriation, receive for his
| 21 | | services, payable monthly by the Department of Revenue out of | 22 | | the Personal Property Tax Replacement Fund or the General | 23 | | Revenue Fund to the county in which he
is appointed, the | 24 | | following:
| 25 | | (1) To each assistant state's attorney in counties | 26 | | containing less than
10,000 inhabitants, the sum of $2,500 |
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| 1 | | per annum;
| 2 | | (2) To each assistant state's attorney in counties | 3 | | containing not less
than 10,000 inhabitants and not more | 4 | | than 20,000 inhabitants, the sum of
$3,500 per annum;
| 5 | | (3) To each assistant state's attorney in counties | 6 | | containing not less
than 20,000 inhabitants and not more | 7 | | than 30,000 inhabitants, the sum of
$4,000 per annum;
| 8 | | (4) To each assistant state's attorney in counties | 9 | | containing not less
than 30,000 inhabitants and not more | 10 | | than 40,000 inhabitants, the sum of
$4,500 per annum;
| 11 | | (5) To each assistant state's attorney in counties | 12 | | containing not less
than 40,000 inhabitants and not more | 13 | | than 70,000 inhabitants, the sum of
$5,000 per annum;
| 14 | | (6) To each assistant state's attorney in counties | 15 | | containing not less
than 70,000 inhabitants and not more | 16 | | than 1,000,000 inhabitants, the sum
of $6,000 per annum.
| 17 | | (d) The population of all counties for the purpose of | 18 | | fixing salaries as
herein provided shall be based upon the last | 19 | | Federal census immediately
previous to the appointment of an | 20 | | assistant state's attorney in each county.
| 21 | | (e) At the request of the county governing authority, in | 22 | | counties where
one or more state correctional institutions, as | 23 | | hereinafter defined, are
located, one or more assistant state's | 24 | | attorneys shall, subject to appropriation, receive for their
| 25 | | services, provided that such services are performed in | 26 | | connection with the
state correctional institution, payable |
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| 1 | | monthly by the Department of Revenue out of the Personal | 2 | | Property Tax Replacement Fund or the General Revenue Fund to
| 3 | | the county in which they are appointed, the following:
| 4 | | (1) $22,000 for each assistant state's attorney in | 5 | | counties with one
or more State correctional institutions | 6 | | with a total average daily inmate
population in excess of | 7 | | 2,000, on the basis of 2 assistant state's
attorneys when | 8 | | the total average daily inmate population exceeds 2,000
but | 9 | | is less than 4,000; and 3 assistant state's attorneys when | 10 | | such
population exceeds 4,000; with reimbursement to be | 11 | | based on actual services
rendered.
| 12 | | (2) $15,000 per year for one assistant state's attorney | 13 | | in counties
having one or more correctional institutions | 14 | | with a total average daily
inmate population of between 750 | 15 | | and 2,000 inmates, with reimbursement to
be based on actual | 16 | | services rendered.
| 17 | | (3) A maximum of $12,000 per year for one assistant | 18 | | state's attorney
in counties having less than 750 inmates, | 19 | | with reimbursement to be based on
actual services rendered.
| 20 | | Upon application of the county governing authority and | 21 | | certification of
the State's Attorney, the Director of | 22 | | Corrections may, in his discretion
and subject to | 23 | | appropriation, increase the amount of salary reimbursement
| 24 | | to a county in the event special circumstances require the | 25 | | county to incur
extraordinary salary expenditures as a | 26 | | result of services performed in
connection with State |
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| 1 | | correctional institutions in that county.
| 2 | | In determining whether or not to increase the amount of | 3 | | salary
reimbursement, the Director shall consider, among other | 4 | | matters:
| 5 | | (1) the nature of the services rendered;
| 6 | | (2) the results or dispositions obtained;
| 7 | | (3) whether or not the county was required to employ | 8 | | additional attorney
personnel as a direct result of the | 9 | | services actually rendered in
connection with a particular | 10 | | service to a State correctional institution.
| 11 | | (f) In counties where a State senior institution of higher | 12 | | education is
located, the assistant state's attorneys | 13 | | specified by this Section shall, subject to appropriation,
| 14 | | receive for their services, payable monthly by the Department | 15 | | of Revenue out of the Personal Property Tax Replacement Fund or | 16 | | the General Revenue Fund to
the county in which appointed, the | 17 | | following:
| 18 | | (1) $14,000 per year each for employment on a full time | 19 | | basis for 2
assistant state's attorneys in counties having | 20 | | a State university or
State universities with combined full | 21 | | time enrollment of more than
15,000 students.
| 22 | | (2) $7,200 per year for one assistant state's attorney | 23 | | with no
limitation on other practice in counties having a | 24 | | State university or
State universities with combined full | 25 | | time enrollment of 10,000 to
15,000 students.
| 26 | | (3) $4,000 per year for one assistant state's attorney |
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| 1 | | with no
limitation on other practice in counties having a | 2 | | State university or
State universities with combined full | 3 | | time enrollment of less than
10,000 students.
| 4 | | Such salaries shall be paid to the state's attorney and the | 5 | | assistant
state's attorney in equal monthly installments by | 6 | | such county out of the
county treasury provided that, subject | 7 | | to appropriation, the Department of Revenue shall reimburse | 8 | | each
county monthly, out of the Personal Property Tax | 9 | | Replacement Fund or the General Revenue Fund, the amount of | 10 | | such salary. This
Section shall not prevent the payment of such | 11 | | additional compensation to
the state's attorney or assistant | 12 | | state's attorney of any county, out of
the treasury of that | 13 | | county as may be provided by law.
| 14 | | (g) For purposes of this Section, "State mental health | 15 | | institution" means
any institution under the jurisdiction of | 16 | | the Department of Human Services
that is listed in Section 4 of | 17 | | the Mental Health and
Developmental Disabilities | 18 | | Administrative Act.
| 19 | | For purposes of this Section, "State correctional | 20 | | institution" means
any facility of the Department of | 21 | | Corrections including adult facilities,
juvenile facilities, | 22 | | pre-release centers, community correction centers, and
work | 23 | | camps.
| 24 | | For purposes of this Section, "State university" means the | 25 | | University
of Illinois, Southern Illinois University,
Chicago | 26 | | State University, Eastern Illinois University, Governors State
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| 1 | | University, Illinois State University, Northeastern Illinois | 2 | | University,
Northern Illinois University, Western Illinois | 3 | | University, and any public
community college
which has | 4 | | established a program of interinstitutional cooperation with | 5 | | one
of the foregoing institutions whereby a student, after | 6 | | earning an associate
degree from the community college, pursues | 7 | | a course of study at the
community college campus leading to a | 8 | | baccalaureate degree from the
foregoing institution (also | 9 | | known as a "2 Plus 2" degree program).
| 10 | | (h) A number of assistant state's attorneys shall be | 11 | | appointed in each
county that chooses to participate, as | 12 | | provided in this subsection,
for the prosecution of | 13 | | alcohol-related traffic offenses. Each county shall
receive | 14 | | monthly a subsidy for payment of the salaries and
benefits of | 15 | | these
assistant state's attorneys from State funds | 16 | | appropriated to the Department of Revenue out of the Personal | 17 | | Property Tax Replacement Fund or the General Revenue Fund for
| 18 | | that purpose. The amounts of subsidies provided by this | 19 | | subsection shall be
adjusted for inflation each July 1 using | 20 | | the Consumer Price Index of the Bureau
of Labor Statistics of | 21 | | the U.S. Department of Labor.
| 22 | | When a county chooses to participate in the subsidy program | 23 | | described in this
subsection (h), the number of assistant | 24 | | state's attorneys who are prosecuting
alcohol-related traffic | 25 | | offenses must increase according to the subsidy
provided in | 26 | | this subsection. These appointed assistant state's attorneys |
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| 1 | | shall
be in addition to any other assistant state's attorneys | 2 | | assigned to those cases
on the effective date of this | 3 | | amendatory Act of the 91st General Assembly, and
may not | 4 | | replace those assistant state's attorneys. In counties where | 5 | | the
state's attorney is the sole prosecutor, this subsidy shall | 6 | | be used to provide
an assistant state's attorney to prosecute | 7 | | alcohol-related traffic offenses
along with the state's | 8 | | attorney. In counties where the state's attorney is the
sole | 9 | | prosecutor, and in counties where a judge presides over cases | 10 | | involving a
variety of misdemeanors, including alcohol-related | 11 | | traffic matters, assistant
state's attorneys appointed and | 12 | | subsidized by this subsection (h) may also
prosecute the | 13 | | different misdemeanor cases at the direction of the state's
| 14 | | attorney.
| 15 | | Assistant state's attorneys shall be appointed under this | 16 | | subsection in the
following number and counties shall receive | 17 | | the following annual subsidies:
| 18 | | (1) In counties with fewer than 30,000 inhabitants, one | 19 | | at $35,000.
| 20 | | (2) In counties with 30,000 or more but fewer than | 21 | | 100,000
inhabitants, one at $45,000.
| 22 | | (3) In counties with 100,000 or more but fewer than | 23 | | 300,000 inhabitants,
2 at $45,000 each.
| 24 | | (4) In counties, other than Cook County, with 300,000 | 25 | | or more inhabitants,
4 at $50,000 each.
| 26 | | The amounts appropriated under this Section must be |
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| 1 | | segregated by
population
classification and disbursed monthly.
| 2 | | If in any year the amount appropriated for the purposes of | 3 | | this subsection
(h) is insufficient to pay all of the subsidies | 4 | | specified in this subsection,
the amount appropriated shall | 5 | | first be prorated by the population
classifications of this | 6 | | subsection (h) and then among the counties choosing
to
| 7 | | participate
within each of those classifications. If any of the | 8 | | appropriated moneys for
each population classification remain | 9 | | at the end of a fiscal year,
the remainder of the moneys may be | 10 | | allocated to participating counties that
were not fully funded | 11 | | during the course of the year. Nothing in
this subsection | 12 | | prohibits 2 or more State's attorneys from combining their
| 13 | | subsidies to appoint a joint assistant State's attorney to
| 14 | | prosecute alcohol-related traffic offenses in multiple | 15 | | counties. Nothing in
this subsection prohibits a State's | 16 | | attorney from appointing an
assistant State's attorney by | 17 | | contract or otherwise.
| 18 | | (Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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