Bill Text: IL SB0685 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Counties Code. Provides that a county board may establish a salary for a State's attorney higher than provided for in the Code. However, any salary above the amounts provided for in the Code shall be paid out of the county treasury. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0685 Detail]

Download: Illinois-2017-SB0685-Engrossed.html



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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 3-4007, 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
9treasury, and, subject to appropriation, shall be paid by the
10Department of Revenue out of the Personal Property Tax
11Replacement Fund or the General Revenue Fund as provided in
12subsection (b), as the sole compensation for his or her
13services a salary in an amount fixed by the County Board. When
14a Public Defender in a county of 30,000 or more population is
15receiving not less than 90% of the compensation of the State's
16Attorney of such county, that Public Defender shall not engage
17in the private practice of law.
18 (b) The State must pay 66 2/3% of the public defender's
19annual salary. If the public defender is employed full-time in
20that capacity, his or her salary must be at least 90% of that
21county's State's attorney's annual compensation. Subject to
22appropriation, these amounts furnished by the State shall be
23payable monthly by the Department of Revenue out of the

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1Personal Property Tax Replacement Fund or the General Revenue
2Fund to the county in which each Public Defender is employed.
3 (b-5) If a county board adopts a resolution or ordinance to
4provide additional salary for the State's Attorney under
5subsection (a-5) of Section 4-2001 of this Code, the county
6board shall, by resolution, authorize an additional salary
7increase, equal to at least 90% of the additional salary
8provided for the State's Attorney, for any full-time Public
9Defender in the county to be paid from the county treasury. The
10additional salary shall be effective for the Public Defender
11immediately, if the resolution or ordinance for the State's
12Attorney was immediately effective, or at the beginning of the
13next term of the Public Defender commencing at least 180 days
14after the county board adopts the resolution or ordinance.
15 (c) In cases where 2 or more adjoining counties have joined
16to form a common office of Public Defender, the salary of the
17Public Defender shall be set and paid as provided by a joint
18resolution of the various county boards involved. Under
19subsection (b-5), each county board shall approve, by
20resolution or ordinance, any provision for additional salary
21for the Public Defender consistent with the counties' joint
22resolution 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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1or more counties shall receive such compensation from the State
2Treasury as is provided by law for the State's attorney of a
3single county. He shall be paid by the counties such
4compensation as may be agreed upon by the county boards within
5the salary range prescribed by law applicable to a single
6county with a population equal to the combined population of
7the counties he serves. Unless the county boards agree upon a
8lesser amount, he shall be paid the highest permissible salary
9within such range. The amount to be paid by the counties shall
10be apportioned among them on the basis of their population.
11Seventy-five percent (75%) of the amount provided by law to be
12paid from the State treasury for the services of the State's
13attorney in the case of a single county is payable to each of
14the counties served by the same State's attorney, except that
15the amounts paid to those counties under this Section in any
16year may not exceed, in the aggregate, the annual salary paid
17to that State's attorney from both county and State funds, in
18which case reduction of the State's contribution to each county
19shall be reduced proportionately according to population of
20each participating county.
21 When the salary is raised under subsection (a-5) of Section
224-2001 of this Code for a State's Attorney who serve 2 or more
23counties, each county board shall approve, by resolution or
24ordinance, any provision for additional salary for the State's
25Attorney consistent with the apportionment based upon county
26population.

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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
5in this State, except the state's attorney of Cook County, the
6following 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
10compensation to be paid to each state's attorney in Illinois
11based on the salary in effect on December 31, 1988, and, except
12as otherwise provided in subsection (a-5), 100% of the
13increases in salary taking effect after December 31, 1988.
14 Subject to appropriation, said amounts furnished by the
15State shall be payable monthly by the Department of Revenue out
16of the Personal Property Tax Replacement Fund or the General
17Revenue Fund to the county in which each state's attorney is
18elected.
19 Each county shall be required to furnish 33 1/3% of the
20total annual compensation to be paid to each state's attorney
21in Illinois based on the salary in effect on December 31, 1988.
22 Within 90 days after the effective date of this amendatory
23Act of the 96th General Assembly, the county board of any
24county with a population between 15,000 and 50,000 by
25resolution or ordinance may increase the amount of compensation
26to be paid to each eligible state's attorney in their county in

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1the form of a longevity stipend which shall be added to and
2become part of the salary of the state's attorney for that
3year. To be eligible, the state's attorney must have served in
4the elected position for at least 20 continuous years and elect
5to participate in a program for an alternative annuity for
6county officers and make the required additional optional
7contributions as authorized by P.A. 90-32.
8 (a-5) Notwithstanding any provision of the Compensation
9Review Act or subsection (a) of this Section to the contrary, a
10county board may provide for additional salary for the State's
11Attorney to be paid from the county treasury in addition to the
12salary authorized by subsection (a). Within 90 days after the
13effective date of this amendatory Act of the 100th General
14Assembly, a county board may, by resolution or ordinance,
15provide for the additional salary authorized by this subsection
16for the State's Attorney to have immediate effect. On and after
1790 days after the effective date of this amendatory Act of the
18100th General Assembly, any changes to the provision of
19additional salary for the State's Attorney authorized by this
20subsection by a county board shall become effective at the
21beginning of the next term of the State's Attorney commencing
22at least 180 days after the county board adopts the resolution
23or ordinance.
24 (b) Effective December 1, 2000, no state's attorney may
25engage in the private practice of law. However, until November
2630, 2000, (i) the state's attorneys in counties containing

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1fewer than 10,000 inhabitants may engage in the practice of
2law, and (ii) in any county between 10,000 and 30,000
3inhabitants or in any county containing 30,000 or more
4inhabitants which reached that population between 1970 and
5December 31, 1981, the state's attorney may declare his or her
6intention to engage in the private practice of law, and may do
7so through no later than November 30, 2000, by filing a written
8declaration of intent to engage in the private practice of law
9with the county clerk. The declaration of intention shall be
10irrevocable during the remainder of the term of office. The
11declaration shall be filed with the county clerk within 30 days
12of certification of election or appointment, or within 60 days
13of March 15, 1989, whichever is later. In that event the annual
14salary 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
4hereinafter defined, is located, one assistant state's
5attorney shall, subject to appropriation, receive for his
6services, payable monthly by the Department of Revenue out of
7the Personal Property Tax Replacement Fund or the General
8Revenue Fund to the county in which he is appointed, the
9following:
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 Department of Revenue out of the Personal
13Property Tax Replacement Fund or the General Revenue Fund to
14the 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
14salary reimbursement, the Director shall consider, among other
15matters:
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
23education is located, the assistant state's attorneys
24specified by this Section shall, subject to appropriation,
25receive for their services, payable monthly by the Department
26of Revenue out of the Personal Property Tax Replacement Fund or

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1the General Revenue Fund to the county in which appointed, the
2following:
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
16assistant state's attorney in equal monthly installments by
17such county out of the county treasury provided that, subject
18to appropriation, the Department of Revenue shall reimburse
19each county monthly, out of the Personal Property Tax
20Replacement Fund or the General Revenue Fund, the amount of
21such salary. This Section shall not prevent the payment of such
22additional compensation to the state's attorney or assistant
23state's attorney of any county, out of the treasury of that
24county as may be provided by law.
25 (g) For purposes of this Section, "State mental health
26institution" means any institution under the jurisdiction of

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

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

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1subsection in the following number and counties shall receive
2the 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
12segregated by population classification and disbursed monthly.
13 If in any year the amount appropriated for the purposes of
14this subsection (h) is insufficient to pay all of the subsidies
15specified in this subsection, the amount appropriated shall
16first be prorated by the population classifications of this
17subsection (h) and then among the counties choosing to
18participate within each of those classifications. If any of the
19appropriated moneys for each population classification remain
20at the end of a fiscal year, the remainder of the moneys may be
21allocated to participating counties that were not fully funded
22during the course of the year. Nothing in this subsection
23prohibits 2 or more State's attorneys from combining their
24subsidies to appoint a joint assistant State's attorney to
25prosecute alcohol-related traffic offenses in multiple
26counties. Nothing in this subsection prohibits a State's

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1attorney from appointing an assistant State's attorney by
2contract 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
5becoming law.
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