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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0685 Introduced 1/26/2017, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
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| 55 ILCS 5/4-2001 | from Ch. 34, par. 4-2001 |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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| | SB0685 | | LRB100 07153 AWJ 17213 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 4-2001 as follows:
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| 6 | | (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
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| 7 | | Sec. 4-2001. State's attorney salaries.
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| 8 | | (a) There shall be allowed to the several state's attorneys |
| 9 | | in this State,
except the state's attorney of Cook County, the |
| 10 | | following annual salary:
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| 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.
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| 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.
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| 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.
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| 3 | | (4) To each state's attorney in counties of 30,000 or
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| 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.
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| 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.
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| 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, except |
| 18 | | as otherwise provided in this subsection (a), 100%
of the |
| 19 | | increases in salary taking effect after December 31, 1988.
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| 20 | | Subject to appropriation, said amounts furnished by the |
| 21 | | State shall be payable monthly
by the Department of Revenue out |
| 22 | | of the Personal Property Tax Replacement Fund or the General |
| 23 | | Revenue Fund to the county in which each state's attorney is
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| 24 | | elected.
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| 25 | | Each county shall be required to furnish 33 1/3% of the
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| 26 | | total annual compensation to be paid to each state's attorney |
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| 1 | | in Illinois
based on the salary in effect on December 31, 1988. |
| 2 | | Within 90 days after the effective date of this amendatory |
| 3 | | Act of the 96th General Assembly, the county board of any |
| 4 | | county with a population between 15,000 and 50,000 by |
| 5 | | resolution or ordinance may increase the amount of compensation |
| 6 | | to be paid to each eligible state's attorney in their county in |
| 7 | | the form of a longevity stipend which shall be added to and |
| 8 | | become part of the salary of the state's attorney for that |
| 9 | | year. To be eligible, the state's attorney must have served in |
| 10 | | the elected position for at least 20 continuous years and elect |
| 11 | | to participate in a program for an alternative annuity for |
| 12 | | county officers and make the required additional optional |
| 13 | | contributions as authorized by P.A. 90-32.
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| 14 | | Notwithstanding any provision of the Compensation Review |
| 15 | | Act to the contrary, the county board may establish a salary |
| 16 | | for a state's attorney higher than provided for in this |
| 17 | | subsection (a). However, any salary above the amounts provided |
| 18 | | for in this subsection (a) shall be paid out of the county |
| 19 | | treasury in addition to any other amounts required by this |
| 20 | | subsection (a). |
| 21 | | (b) Effective December 1, 2000, no state's attorney may |
| 22 | | engage in
the private practice of law. However, until November |
| 23 | | 30, 2000,
(i) the state's attorneys in counties containing |
| 24 | | fewer than 10,000 inhabitants
may engage in the practice of |
| 25 | | law, and (ii) in any county between 10,000 and
30,000 |
| 26 | | inhabitants or in any county containing 30,000 or more |
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| 1 | | inhabitants which
reached that population between 1970 and |
| 2 | | December 31, 1981, the state's
attorney may declare his or her |
| 3 | | intention to engage in the private practice of
law, and may do |
| 4 | | so through no later than November 30, 2000, by filing a written
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| 5 | | declaration of intent to engage in the private practice of law |
| 6 | | with the county
clerk. The declaration of intention shall be |
| 7 | | irrevocable during the remainder
of the term of office. The |
| 8 | | declaration shall be filed with the county clerk
within 30 days |
| 9 | | of certification of election or appointment, or within 60 days
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| 10 | | of March 15, 1989, whichever is later. In that event the annual |
| 11 | | salary of such
state's attorney shall be as follows:
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| 12 | | (1) In counties containing 10,000 or more inhabitants |
| 13 | | but less than
20,000 inhabitants, $46,500 until December |
| 14 | | 31, 1988, $51,500
until June 30, 1994, and $61,500 |
| 15 | | thereafter or as set by the Compensation
Review Board, |
| 16 | | whichever is greater.
The State shall furnish 100% of the |
| 17 | | increases taking
effect after December 31, 1988.
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| 18 | | (2) In counties containing 20,000 or more inhabitants |
| 19 | | but less than
30,000 inhabitants, and in counties |
| 20 | | containing 30,000 or more inhabitants
which reached said |
| 21 | | population between 1970 and December 31, 1981, $51,500
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| 22 | | until December 31, 1988, $56,000 until June 30, 1994, and |
| 23 | | $65,000
thereafter or as set by the Compensation Review |
| 24 | | Board, whichever is
greater. The State shall furnish 100% |
| 25 | | of the
increases taking effect after December 31, 1988.
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| 26 | | (c) In counties where a state mental health institution, as |
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| 1 | | hereinafter
defined, is located, one assistant state's |
| 2 | | attorney shall, subject to appropriation, receive for his
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| 3 | | services, payable monthly by the Department of Revenue out of |
| 4 | | the Personal Property Tax Replacement Fund or the General |
| 5 | | Revenue Fund to the county in which he
is appointed, the |
| 6 | | following:
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| 7 | | (1) To each assistant state's attorney in counties |
| 8 | | containing less than
10,000 inhabitants, the sum of $2,500 |
| 9 | | per annum;
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| 10 | | (2) To each assistant state's attorney in counties |
| 11 | | containing not less
than 10,000 inhabitants and not more |
| 12 | | than 20,000 inhabitants, the sum of
$3,500 per annum;
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| 13 | | (3) To each assistant state's attorney in counties |
| 14 | | containing not less
than 20,000 inhabitants and not more |
| 15 | | than 30,000 inhabitants, the sum of
$4,000 per annum;
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| 16 | | (4) To each assistant state's attorney in counties |
| 17 | | containing not less
than 30,000 inhabitants and not more |
| 18 | | than 40,000 inhabitants, the sum of
$4,500 per annum;
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| 19 | | (5) To each assistant state's attorney in counties |
| 20 | | containing not less
than 40,000 inhabitants and not more |
| 21 | | than 70,000 inhabitants, the sum of
$5,000 per annum;
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| 22 | | (6) To each assistant state's attorney in counties |
| 23 | | containing not less
than 70,000 inhabitants and not more |
| 24 | | than 1,000,000 inhabitants, the sum
of $6,000 per annum.
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| 25 | | (d) The population of all counties for the purpose of |
| 26 | | fixing salaries as
herein provided shall be based upon the last |
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| 1 | | Federal census immediately
previous to the appointment of an |
| 2 | | assistant state's attorney in each county.
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| 3 | | (e) At the request of the county governing authority, in |
| 4 | | counties where
one or more state correctional institutions, as |
| 5 | | hereinafter defined, are
located, one or more assistant state's |
| 6 | | attorneys shall, subject to appropriation, receive for their
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| 7 | | services, provided that such services are performed in |
| 8 | | connection with the
state correctional institution, payable |
| 9 | | monthly by the Department of Revenue out of the Personal |
| 10 | | Property Tax Replacement Fund or the General Revenue Fund to
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| 11 | | the county in which they are appointed, the following:
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| 12 | | (1) $22,000 for each assistant state's attorney in |
| 13 | | counties with one
or more State correctional institutions |
| 14 | | with a total average daily inmate
population in excess of |
| 15 | | 2,000, on the basis of 2 assistant state's
attorneys when |
| 16 | | the total average daily inmate population exceeds 2,000
but |
| 17 | | is less than 4,000; and 3 assistant state's attorneys when |
| 18 | | such
population exceeds 4,000; with reimbursement to be |
| 19 | | based on actual services
rendered.
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| 20 | | (2) $15,000 per year for one assistant state's attorney |
| 21 | | in counties
having one or more correctional institutions |
| 22 | | with a total average daily
inmate population of between 750 |
| 23 | | and 2,000 inmates, with reimbursement to
be based on actual |
| 24 | | services rendered.
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| 25 | | (3) A maximum of $12,000 per year for one assistant |
| 26 | | state's attorney
in counties having less than 750 inmates, |
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| 1 | | with reimbursement to be based on
actual services rendered.
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| 2 | | Upon application of the county governing authority and |
| 3 | | certification of
the State's Attorney, the Director of |
| 4 | | Corrections may, in his discretion
and subject to |
| 5 | | appropriation, increase the amount of salary reimbursement
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| 6 | | to a county in the event special circumstances require the |
| 7 | | county to incur
extraordinary salary expenditures as a |
| 8 | | result of services performed in
connection with State |
| 9 | | correctional institutions in that county.
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| 10 | | In determining whether or not to increase the amount of |
| 11 | | salary
reimbursement, the Director shall consider, among other |
| 12 | | matters:
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| 13 | | (1) the nature of the services rendered;
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| 14 | | (2) the results or dispositions obtained;
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| 15 | | (3) whether or not the county was required to employ |
| 16 | | additional attorney
personnel as a direct result of the |
| 17 | | services actually rendered in
connection with a particular |
| 18 | | service to a State correctional institution.
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| 19 | | (f) In counties where a State senior institution of higher |
| 20 | | education is
located, the assistant state's attorneys |
| 21 | | specified by this Section shall, subject to appropriation,
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| 22 | | receive for their services, payable monthly by the Department |
| 23 | | of Revenue out of the Personal Property Tax Replacement Fund or |
| 24 | | the General Revenue Fund to
the county in which appointed, the |
| 25 | | following:
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| 26 | | (1) $14,000 per year each for employment on a full time |
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| 1 | | basis for 2
assistant state's attorneys in counties having |
| 2 | | a State university or
State universities with combined full |
| 3 | | time enrollment of more than
15,000 students.
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| 4 | | (2) $7,200 per year for one assistant state's attorney |
| 5 | | with no
limitation on other practice in counties having a |
| 6 | | State university or
State universities with combined full |
| 7 | | time enrollment of 10,000 to
15,000 students.
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| 8 | | (3) $4,000 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 less than
10,000 students.
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| 12 | | Such salaries shall be paid to the state's attorney and the |
| 13 | | assistant
state's attorney in equal monthly installments by |
| 14 | | such county out of the
county treasury provided that, subject |
| 15 | | to appropriation, the Department of Revenue shall reimburse |
| 16 | | each
county monthly, out of the Personal Property Tax |
| 17 | | Replacement Fund or the General Revenue Fund, the amount of |
| 18 | | such salary. This
Section shall not prevent the payment of such |
| 19 | | additional compensation to
the state's attorney or assistant |
| 20 | | state's attorney of any county, out of
the treasury of that |
| 21 | | county as may be provided by law.
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| 22 | | (g) For purposes of this Section, "State mental health |
| 23 | | institution" means
any institution under the jurisdiction of |
| 24 | | the Department of Human Services
that is listed in Section 4 of |
| 25 | | the Mental Health and
Developmental Disabilities |
| 26 | | Administrative Act.
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| 1 | | For purposes of this Section, "State correctional |
| 2 | | institution" means
any facility of the Department of |
| 3 | | Corrections including adult facilities,
juvenile facilities, |
| 4 | | pre-release centers, community correction centers, and
work |
| 5 | | camps.
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| 6 | | For purposes of this Section, "State university" means the |
| 7 | | University
of Illinois, Southern Illinois University,
Chicago |
| 8 | | State University, Eastern Illinois University, Governors State
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| 9 | | University, Illinois State University, Northeastern Illinois |
| 10 | | University,
Northern Illinois University, Western Illinois |
| 11 | | University, and any public
community college
which has |
| 12 | | established a program of interinstitutional cooperation with |
| 13 | | one
of the foregoing institutions whereby a student, after |
| 14 | | earning an associate
degree from the community college, pursues |
| 15 | | a course of study at the
community college campus leading to a |
| 16 | | baccalaureate degree from the
foregoing institution (also |
| 17 | | known as a "2 Plus 2" degree program).
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| 18 | | (h) A number of assistant state's attorneys shall be |
| 19 | | appointed in each
county that chooses to participate, as |
| 20 | | provided in this subsection,
for the prosecution of |
| 21 | | alcohol-related traffic offenses. Each county shall
receive |
| 22 | | monthly a subsidy for payment of the salaries and
benefits of |
| 23 | | these
assistant state's attorneys from State funds |
| 24 | | appropriated to the Department of Revenue out of the Personal |
| 25 | | Property Tax Replacement Fund or the General Revenue Fund for
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| 26 | | that purpose. The amounts of subsidies provided by this |
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| 1 | | subsection shall be
adjusted for inflation each July 1 using |
| 2 | | the Consumer Price Index of the Bureau
of Labor Statistics of |
| 3 | | the U.S. Department of Labor.
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| 4 | | When a county chooses to participate in the subsidy program |
| 5 | | described in this
subsection (h), the number of assistant |
| 6 | | state's attorneys who are prosecuting
alcohol-related traffic |
| 7 | | offenses must increase according to the subsidy
provided in |
| 8 | | this subsection. These appointed assistant state's attorneys |
| 9 | | shall
be in addition to any other assistant state's attorneys |
| 10 | | assigned to those cases
on the effective date of this |
| 11 | | amendatory Act of the 91st General Assembly, and
may not |
| 12 | | replace those assistant state's attorneys. In counties where |
| 13 | | the
state's attorney is the sole prosecutor, this subsidy shall |
| 14 | | be used to provide
an assistant state's attorney to prosecute |
| 15 | | alcohol-related traffic offenses
along with the state's |
| 16 | | attorney. In counties where the state's attorney is the
sole |
| 17 | | prosecutor, and in counties where a judge presides over cases |
| 18 | | involving a
variety of misdemeanors, including alcohol-related |
| 19 | | traffic matters, assistant
state's attorneys appointed and |
| 20 | | subsidized by this subsection (h) may also
prosecute the |
| 21 | | different misdemeanor cases at the direction of the state's
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| 22 | | attorney.
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| 23 | | Assistant state's attorneys shall be appointed under this |
| 24 | | subsection in the
following number and counties shall receive |
| 25 | | the following annual subsidies:
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| 26 | | (1) In counties with fewer than 30,000 inhabitants, one |
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| 1 | | at $35,000.
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| 2 | | (2) In counties with 30,000 or more but fewer than |
| 3 | | 100,000
inhabitants, one at $45,000.
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| 4 | | (3) In counties with 100,000 or more but fewer than |
| 5 | | 300,000 inhabitants,
2 at $45,000 each.
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| 6 | | (4) In counties, other than Cook County, with 300,000 |
| 7 | | or more inhabitants,
4 at $50,000 each.
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| 8 | | The amounts appropriated under this Section must be |
| 9 | | segregated by
population
classification and disbursed monthly.
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| 10 | | If in any year the amount appropriated for the purposes of |
| 11 | | this subsection
(h) is insufficient to pay all of the subsidies |
| 12 | | specified in this subsection,
the amount appropriated shall |
| 13 | | first be prorated by the population
classifications of this |
| 14 | | subsection (h) and then among the counties choosing
to
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| 15 | | participate
within each of those classifications. If any of the |
| 16 | | appropriated moneys for
each population classification remain |
| 17 | | at the end of a fiscal year,
the remainder of the moneys may be |
| 18 | | allocated to participating counties that
were not fully funded |
| 19 | | during the course of the year. Nothing in
this subsection |
| 20 | | prohibits 2 or more State's attorneys from combining their
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| 21 | | subsidies to appoint a joint assistant State's attorney to
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| 22 | | prosecute alcohol-related traffic offenses in multiple |
| 23 | | counties. Nothing in
this subsection prohibits a State's |
| 24 | | attorney from appointing an
assistant State's attorney by |
| 25 | | contract or otherwise.
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| 26 | | (Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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