Bill Text: IL HB5748 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5748 Detail]
Download: Illinois-2011-HB5748-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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 3-9012 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 | |||||||||||||||||||||
8 | compensation shall be as proscribed by law during his or her | |||||||||||||||||||||
9 | term of office, notwithstanding any amounts due and owed from | |||||||||||||||||||||
10 | the State Treasury. A State's attorney who serves 2 or more | |||||||||||||||||||||
11 | counties shall receive such
compensation from the State | |||||||||||||||||||||
12 | Treasury as is provided by law for the State's
attorney of a | |||||||||||||||||||||
13 | single county. He shall be paid by the counties such
| |||||||||||||||||||||
14 | compensation as may be agreed upon by the county boards within | |||||||||||||||||||||
15 | the salary
range prescribed by law applicable to a single | |||||||||||||||||||||
16 | county with a population
equal to the combined population of | |||||||||||||||||||||
17 | the counties he serves. Unless the
county boards agree upon a | |||||||||||||||||||||
18 | lesser amount, he shall be paid the highest
permissible salary | |||||||||||||||||||||
19 | within such range. The amount to be paid by the counties
and | |||||||||||||||||||||
20 | the amount of the reimbursement from the State Treasury shall | |||||||||||||||||||||
21 | be apportioned among them on the basis of their population.
| |||||||||||||||||||||
22 | Seventy-five percent (75%) of the amount provided by law to be | |||||||||||||||||||||
23 | paid from
the State treasury for the services of the State's |
| |||||||
| |||||||
1 | attorney in the case of
a single county is payable to each of | ||||||
2 | the counties served by the same
State's attorney, except that | ||||||
3 | the amounts paid to those counties under this
Section in any | ||||||
4 | year may not exceed, in the aggregate, the annual salary
paid | ||||||
5 | to that State's attorney from both county and State funds, in | ||||||
6 | which
case reduction of the State's contribution to each county | ||||||
7 | shall be reduced
proportionately according to population of | ||||||
8 | each 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 | ||||||
13 | in this State,
except the state's attorney of Cook County, the | ||||||
14 | following 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.
|
| |||||||
| |||||||
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 | ||||||
20 | less than 30,000 inhabitants, $128,959, of which the counties | ||||||
21 | shall pay $16,998; and to each State's attorney in counties | ||||||
22 | with a population of 30,000 or more inhabitants, $166,508, of | ||||||
23 | which the counties shall pay $21,831, plus any cost of living | ||||||
24 | increases authorized by the Compensation Review Board Act. | ||||||
25 | The State shall furnish 66 2/3% of the total annual | ||||||
26 | compensation
to be paid to each state's attorney in Illinois |
| |||||||
| |||||||
1 | based on the salary in
effect on December 31, 1988, and 100%
of | ||||||
2 | the increases in salary taking effect after December 31, 1988.
| ||||||
3 | Said Subject to appropriation, said amounts furnished by | ||||||
4 | the State shall be payable monthly
by the Office of the | ||||||
5 | Comptroller Department of Revenue out of the Personal Property | ||||||
6 | Tax Replacement Fund or the General Revenue Fund to the county | ||||||
7 | in which each state's attorney is
elected.
| ||||||
8 | Each county shall be required to furnish 33 1/3% of the
| ||||||
9 | total annual compensation to be paid to each state's attorney | ||||||
10 | in Illinois
based on the salary in effect on December 31, 1988. | ||||||
11 | Within 90 days after the effective date of this amendatory | ||||||
12 | Act of the 96th General Assembly, the county board of any | ||||||
13 | county with a population between 15,000 and 50,000 by | ||||||
14 | resolution or ordinance may increase the amount of compensation | ||||||
15 | to be paid to each eligible state's attorney in their county in | ||||||
16 | the form of a longevity stipend which shall be added to and | ||||||
17 | become part of the salary of the state's attorney for that | ||||||
18 | year. To be eligible, the state's attorney must have served in | ||||||
19 | the elected position for at least 20 continuous years and elect | ||||||
20 | to participate in a program for an alternative annuity for | ||||||
21 | county officers and make the required additional optional | ||||||
22 | contributions as authorized by P.A. 90-32.
| ||||||
23 | (b) Effective December 1, 2000, no state's attorney may | ||||||
24 | engage in
the private practice of law. However, until November | ||||||
25 | 30, 2000,
(i) the state's attorneys in counties containing | ||||||
26 | fewer than 10,000 inhabitants
may engage in the practice of |
| |||||||
| |||||||
1 | law, and (ii) in any county between 10,000 and
30,000 | ||||||
2 | inhabitants or in any county containing 30,000 or more | ||||||
3 | inhabitants which
reached that population between 1970 and | ||||||
4 | December 31, 1981, the state's
attorney may declare his or her | ||||||
5 | intention to engage in the private practice of
law, and may do | ||||||
6 | so through no later than November 30, 2000, by filing a written
| ||||||
7 | declaration of intent to engage in the private practice of law | ||||||
8 | with the county
clerk. The declaration of intention shall be | ||||||
9 | irrevocable during the remainder
of the term of office. The | ||||||
10 | declaration shall be filed with the county clerk
within 30 days | ||||||
11 | of certification of election or appointment, or within 60 days
| ||||||
12 | of March 15, 1989, whichever is later. In that event the annual | ||||||
13 | salary 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 |
| |||||||
| |||||||
1 | 100% of the
increases taking effect after December 31, | ||||||
2 | 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 Office of the Comptroller | ||||||
7 | Department of Revenue out of the Personal Property Tax | ||||||
8 | Replacement Fund or the General Revenue Fund to the county in | ||||||
9 | which 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 |
| |||||||
| |||||||
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 Office of the Comptroller Department of Revenue | ||||||
13 | out of the Personal Property Tax Replacement Fund or the | ||||||
14 | General Revenue Fund to
the county in which they are appointed, | ||||||
15 | the 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 |
| |||||||
| |||||||
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 | ||||||
15 | salary
reimbursement, the Director shall consider, among other | ||||||
16 | matters:
| ||||||
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 | ||||||
24 | education is
located, the assistant state's attorneys | ||||||
25 | specified by this Section shall, subject to appropriation,
| ||||||
26 | receive for their services, payable monthly by the Office of |
| |||||||
| |||||||
1 | the Comptroller Department of Revenue out of the Personal | ||||||
2 | Property Tax Replacement Fund or the General Revenue Fund to
| ||||||
3 | the 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 | ||||||
17 | assistant
state's attorney in equal monthly installments by | ||||||
18 | such county out of the
county treasury provided that, subject | ||||||
19 | to appropriation, the Office of the Comptroller Department of | ||||||
20 | Revenue shall reimburse each
county monthly, out of the | ||||||
21 | Personal Property Tax Replacement Fund or the General Revenue | ||||||
22 | Fund, the amount of such salary. This
Section shall not prevent | ||||||
23 | the payment of such additional compensation to
the state's | ||||||
24 | attorney or assistant state's attorney of any county, out of
| ||||||
25 | the treasury of that county as may be provided by law.
| ||||||
26 | (g) For purposes of this Section, "State mental health |
| |||||||
| |||||||
1 | institution" means
any institution under the jurisdiction of | ||||||
2 | the Department of Human Services
that is listed in Section 4 of | ||||||
3 | the Mental Health and
Developmental Disabilities | ||||||
4 | Administrative Act.
| ||||||
5 | For purposes of this Section, "State correctional | ||||||
6 | institution" means
any facility of the Department of | ||||||
7 | Corrections including adult facilities,
juvenile facilities, | ||||||
8 | pre-release centers, community correction centers, and
work | ||||||
9 | camps.
| ||||||
10 | For purposes of this Section, "State university" means the | ||||||
11 | University
of Illinois, Southern Illinois University,
Chicago | ||||||
12 | State University, Eastern Illinois University, Governors State
| ||||||
13 | University, Illinois State University, Northeastern Illinois | ||||||
14 | University,
Northern Illinois University, Western Illinois | ||||||
15 | University, and any public
community college
which has | ||||||
16 | established a program of interinstitutional cooperation with | ||||||
17 | one
of the foregoing institutions whereby a student, after | ||||||
18 | earning an associate
degree from the community college, pursues | ||||||
19 | a course of study at the
community college campus leading to a | ||||||
20 | baccalaureate degree from the
foregoing institution (also | ||||||
21 | known as a "2 Plus 2" degree program).
| ||||||
22 | (h) A number of assistant state's attorneys shall be | ||||||
23 | appointed in each
county that chooses to participate, as | ||||||
24 | provided in this subsection,
for the prosecution of | ||||||
25 | alcohol-related traffic offenses. Each county shall
receive | ||||||
26 | monthly a subsidy for payment of the salaries and
benefits of |
| |||||||
| |||||||
1 | these
assistant state's attorneys from State funds | ||||||
2 | appropriated to the Office of the Comptroller Department of | ||||||
3 | Revenue out of the Personal Property Tax Replacement Fund or | ||||||
4 | the General Revenue Fund for
that purpose. The amounts of | ||||||
5 | subsidies provided by this subsection shall be
adjusted for | ||||||
6 | inflation each July 1 using the Consumer Price Index of the | ||||||
7 | Bureau
of Labor Statistics of the U.S. Department of Labor.
| ||||||
8 | When a county chooses to participate in the subsidy program | ||||||
9 | described in this
subsection (h), the number of assistant | ||||||
10 | state's attorneys who are prosecuting
alcohol-related traffic | ||||||
11 | offenses must increase according to the subsidy
provided in | ||||||
12 | this subsection. These appointed assistant state's attorneys | ||||||
13 | shall
be in addition to any other assistant state's attorneys | ||||||
14 | assigned to those cases
on the effective date of this | ||||||
15 | amendatory Act of the 91st General Assembly, and
may not | ||||||
16 | replace those assistant state's attorneys. In counties where | ||||||
17 | the
state's attorney is the sole prosecutor, this subsidy shall | ||||||
18 | be used to provide
an assistant state's attorney to prosecute | ||||||
19 | alcohol-related traffic offenses
along with the state's | ||||||
20 | attorney. In counties where the state's attorney is the
sole | ||||||
21 | prosecutor, and in counties where a judge presides over cases | ||||||
22 | involving a
variety of misdemeanors, including alcohol-related | ||||||
23 | traffic matters, assistant
state's attorneys appointed and | ||||||
24 | subsidized by this subsection (h) may also
prosecute the | ||||||
25 | different misdemeanor cases at the direction of the state's
| ||||||
26 | attorney.
|
| |||||||
| |||||||
1 | Assistant state's attorneys shall be appointed under this | ||||||
2 | subsection in the
following number and counties shall receive | ||||||
3 | the 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 | ||||||
13 | segregated by
population
classification and disbursed monthly.
| ||||||
14 | If in any year the amount appropriated for the purposes of | ||||||
15 | this subsection
(h) is insufficient to pay all of the subsidies | ||||||
16 | specified in this subsection,
the amount appropriated shall | ||||||
17 | first be prorated by the population
classifications of this | ||||||
18 | subsection (h) and then among the counties choosing
to
| ||||||
19 | participate
within each of those classifications. If any of the | ||||||
20 | appropriated moneys for
each population classification remain | ||||||
21 | at the end of a fiscal year,
the remainder of the moneys may be | ||||||
22 | allocated to participating counties that
were not fully funded | ||||||
23 | during the course of the year. Nothing in
this subsection | ||||||
24 | prohibits 2 or more State's attorneys from combining their
| ||||||
25 | subsidies to appoint a joint assistant State's attorney to
| ||||||
26 | prosecute alcohol-related traffic offenses in multiple |
| |||||||
| |||||||
1 | counties. Nothing in
this subsection prohibits a State's | ||||||
2 | attorney from appointing an
assistant State's attorney by | ||||||
3 | contract 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 | ||||||
6 | becoming law.
|