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

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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. Provides that 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: (Failed) 2019-01-09 - Session Sine Die [SB0685 Detail]

Download: Illinois-2017-SB0685-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-4007, 3-9012, and 4-2001 as follows:
(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
Sec. 3-4007. Compensation.
(a) The public defender shall be paid out of the county
treasury, and, subject to appropriation, shall be paid by the
Department of Revenue out of the Personal Property Tax
Replacement Fund or the General Revenue Fund as provided in
subsection (b), as the sole compensation for his or her
services a salary in an amount fixed by the County Board. When
a Public Defender in a county of 30,000 or more population is
receiving not less than 90% of the compensation of the State's
Attorney of such county, that Public Defender shall not engage
in the private practice of law.
(b) The State must pay 66 2/3% of the public defender's
annual salary. If the public defender is employed full-time in
that capacity, his or her salary must be at least 90% of that
county's State's attorney's annual compensation. Subject to
appropriation, these amounts furnished by the State shall be
payable monthly by the Department of Revenue out of the

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Personal Property Tax Replacement Fund or the General Revenue
Fund to the county in which each Public Defender is employed.
(b-5) If a county board adopts a resolution or ordinance to
provide additional salary for the State's Attorney under
subsection (a-5) of Section 4-2001 of this Code, the county
board shall, by resolution, authorize an additional salary
increase, equal to at least 90% of the additional salary
provided for the State's Attorney, for any full-time Public
Defender in the county to be paid from the county treasury. The
additional salary shall be effective for the Public Defender
immediately, if the resolution or ordinance for the State's
Attorney was immediately effective, or at the beginning of the
next term of the Public Defender commencing at least 180 days
after the county board adopts the resolution or ordinance.
(c) In cases where 2 or more adjoining counties have joined
to form a common office of Public Defender, the salary of the
Public Defender shall be set and paid as provided by a joint
resolution of the various county boards involved. Under
subsection (b-5), each county board shall approve, by
resolution or ordinance, any provision for additional salary
for the Public Defender consistent with the counties' joint
resolution to pay the Public Defender.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
Sec. 3-9012. Compensation. A State's attorney who serves 2

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or more counties shall receive such compensation from the State
Treasury as is provided by law for the State's attorney of a
single county. He shall be paid by the counties such
compensation as may be agreed upon by the county boards within
the salary range prescribed by law applicable to a single
county with a population equal to the combined population of
the counties he serves. Unless the county boards agree upon a
lesser amount, he shall be paid the highest permissible salary
within such range. The amount to be paid by the counties shall
be apportioned among them on the basis of their population.
Seventy-five percent (75%) of the amount provided by law to be
paid from the State treasury for the services of the State's
attorney in the case of a single county is payable to each of
the counties served by the same State's attorney, except that
the amounts paid to those counties under this Section in any
year may not exceed, in the aggregate, the annual salary paid
to that State's attorney from both county and State funds, in
which case reduction of the State's contribution to each county
shall be reduced proportionately according to population of
each participating county.
When the salary is raised under subsection (a-5) of Section
4-2001 of this Code for a State's Attorney who serve 2 or more
counties, each county board shall approve, by resolution or
ordinance, any provision for additional salary for the State's
Attorney consistent with the apportionment based upon county
population.

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(Source: P.A. 86-962.)
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's attorneys
in this State, except the state's attorney of Cook County, the
following annual salary:
(1) Subject to paragraph (5), to each state's attorney
in counties containing less than 10,000 inhabitants,
$40,500 until December 31, 1988, $45,500 until June 30,
1994, and $55,500 thereafter or as set by the Compensation
Review Board, whichever is greater.
(2) Subject to paragraph (5), to each state's attorney
in counties containing 10,000 or more inhabitants but less
than 20,000 inhabitants, $46,500 until December 31, 1988,
$61,500 until June 30, 1994, and $71,500 thereafter or as
set by the Compensation Review Board, whichever is greater.
(3) Subject to paragraph (5), to each state's attorney
in counties containing 20,000 or more but less than 30,000
inhabitants, $51,000 until December 31, 1988, $65,000
until June 30, 1994, and $75,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
(4) To each state's attorney in counties of 30,000 or
more inhabitants, $65,500 until December 31, 1988, $80,000
until June 30, 1994, and $96,837 thereafter or as set by
the Compensation Review Board, whichever is greater.

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(5) Effective December 1, 2000, to each state's
attorney in counties containing fewer than 30,000
inhabitants, the same salary plus any cost of living
adjustments as authorized by the Compensation Review Board
to take effect after January 1, 1999, for state's attorneys
in counties containing 20,000 or more but fewer than 30,000
inhabitants, or as set by the Compensation Review Board
whichever is greater.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and, except
as otherwise provided in subsection (a-5), 100% of the
increases in salary taking effect after December 31, 1988.
Subject to appropriation, said amounts furnished by the
State shall be payable monthly by the Department of Revenue out
of the Personal Property Tax Replacement Fund or the General
Revenue Fund to the county in which each state's attorney is
elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31, 1988.
Within 90 days after the effective date of this amendatory
Act of the 96th General Assembly, the county board of any
county with a population between 15,000 and 50,000 by
resolution or ordinance may increase the amount of compensation
to be paid to each eligible state's attorney in their county in

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the form of a longevity stipend which shall be added to and
become part of the salary of the state's attorney for that
year. To be eligible, the state's attorney must have served in
the elected position for at least 20 continuous years and elect
to participate in a program for an alternative annuity for
county officers and make the required additional optional
contributions as authorized by P.A. 90-32.
(a-5) Notwithstanding any provision of the Compensation
Review Act or subsection (a) of this Section to the contrary, a
county board may provide for additional salary for the State's
Attorney to be paid from the county treasury in addition to the
salary authorized by subsection (a). Within 90 days after the
effective date of this amendatory Act of the 100th General
Assembly, a county board may, by resolution or ordinance,
provide for the additional salary authorized by this subsection
for the State's Attorney to have immediate effect. On and after
90 days after the effective date of this amendatory Act of the
100th General Assembly, any changes to the provision of
additional salary for the State's Attorney authorized by this
subsection by a county board shall become effective at the
beginning of the next term of the State's Attorney commencing
at least 180 days after the county board adopts the resolution
or ordinance.
(b) Effective December 1, 2000, no state's attorney may
engage in the private practice of law. However, until November
30, 2000, (i) the state's attorneys in counties containing

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

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Board, whichever is greater. The State shall furnish 100%
of the increases taking effect after December 31, 1988.
(c) In counties where a state mental health institution, as
hereinafter defined, is located, one assistant state's
attorney shall, subject to appropriation, receive for his
services, payable monthly by the Department of Revenue out of
the Personal Property Tax Replacement Fund or the General
Revenue Fund to the county in which he is appointed, the
following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of $2,500
per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more

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

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services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750 inmates,
with reimbursement to be based on actual services rendered.
Upon application of the county governing authority and
certification of the State's Attorney, the Director of
Corrections may, in his discretion and subject to
appropriation, increase the amount of salary reimbursement
to a county in the event special circumstances require the
county to incur extraordinary salary expenditures as a
result of services performed in connection with State
correctional institutions in that county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among other
matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to employ
additional attorney personnel as a direct result of the
services actually rendered in connection with a particular
service to a State correctional institution.
(f) In counties where a State senior institution of higher
education is located, the assistant state's attorneys
specified by this Section shall, subject to appropriation,
receive for their services, payable monthly by the Department
of Revenue out of the Personal Property Tax Replacement Fund or

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

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

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

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

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attorney from appointing an assistant State's attorney by
contract or otherwise.
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.