97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0555

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-2001  from Ch. 34, par. 4-2001

    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,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
54-2001 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
9attorneys in this State, except the state's attorney of Cook
10County, 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
16compensation to be paid to each state's attorney in Illinois
17based on the salary in effect on December 31, 1988, and 100% of
18the increases in salary taking effect after December 31, 1988.
19    Said amounts furnished by the State shall be payable
20monthly from the state treasury to the county in which each
21state's attorney is elected.
22    Each county shall be required to furnish 33 1/3% of the
23total annual compensation to be paid to each state's attorney
24in Illinois based on the salary in effect on December 31, 1988.
25     Within 90 days after the effective date of this amendatory
26Act of the 96th General Assembly, the county board of any

 

 

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1county with a population between 15,000 and 50,000 by
2resolution or ordinance may increase the amount of compensation
3to be paid to each eligible state's attorney in their county in
4the form of a longevity stipend which shall be added to and
5become part of the salary of the state's attorney for that
6year. To be eligible, the state's attorney must have served in
7the elected position for at least 20 continuous years and elect
8to participate in a program for an alternative annuity for
9county officers and make the required additional optional
10contributions as authorized by P.A. 90-32.
11    (b) Effective December 1, 2000, no state's attorney may
12engage in the private practice of law. However, until November
1330, 2000, (i) the state's attorneys in counties containing
14fewer than 10,000 inhabitants may engage in the practice of
15law, and (ii) in any county between 10,000 and 30,000
16inhabitants or in any county containing 30,000 or more
17inhabitants which reached that population between 1970 and
18December 31, 1981, the state's attorney may declare his or her
19intention to engage in the private practice of law, and may do
20so through no later than November 30, 2000, by filing a written
21declaration of intent to engage in the private practice of law
22with the county clerk. The declaration of intention shall be
23irrevocable during the remainder of the term of office. The
24declaration shall be filed with the county clerk within 30 days
25of certification of election or appointment, or within 60 days
26of March 15, 1989, whichever is later. In that event the annual

 

 

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1salary of such state's attorney shall be as follows:
2        (1) In counties containing 10,000 or more inhabitants
3    but less than 20,000 inhabitants, $46,500 until December
4    31, 1988, $51,500 until June 30, 1994, and $61,500
5    thereafter or as set by the Compensation Review Board,
6    whichever is greater. The State shall furnish 100% of the
7    increases taking effect after December 31, 1988.
8        (2) In counties containing 20,000 or more inhabitants
9    but less than 30,000 inhabitants, and in counties
10    containing 30,000 or more inhabitants which reached said
11    population between 1970 and December 31, 1981, $51,500
12    until December 31, 1988, $56,000 until June 30, 1994, and
13    $65,000 thereafter or as set by the Compensation Review
14    Board, whichever is greater. The State shall furnish 100%
15    of the increases taking effect after December 31, 1988.
16    (c) In counties where a state mental health institution, as
17hereinafter defined, is located, one assistant state's
18attorney shall receive for his services, payable monthly from
19the state treasury to the county in which he is appointed, the
20following:
21        (1) To each assistant state's attorney in counties
22    containing less than 10,000 inhabitants, the sum of $2,500
23    per annum;
24        (2) To each assistant state's attorney in counties
25    containing not less than 10,000 inhabitants and not more
26    than 20,000 inhabitants, the sum of $3,500 per annum;

 

 

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1        (3) To each assistant state's attorney in counties
2    containing not less than 20,000 inhabitants and not more
3    than 30,000 inhabitants, the sum of $4,000 per annum;
4        (4) To each assistant state's attorney in counties
5    containing not less than 30,000 inhabitants and not more
6    than 40,000 inhabitants, the sum of $4,500 per annum;
7        (5) To each assistant state's attorney in counties
8    containing not less than 40,000 inhabitants and not more
9    than 70,000 inhabitants, the sum of $5,000 per annum;
10        (6) To each assistant state's attorney in counties
11    containing not less than 70,000 inhabitants and not more
12    than 1,000,000 inhabitants, the sum of $6,000 per annum.
13    (d) The population of all counties for the purpose of
14fixing salaries as herein provided shall be based upon the last
15Federal census immediately previous to the appointment of an
16assistant state's attorney in each county.
17    (e) At the request of the county governing authority, in
18counties where one or more state correctional institutions, as
19hereinafter defined, are located, one or more assistant state's
20attorneys shall receive for their services, provided that such
21services are performed in connection with the state
22correctional institution, payable monthly from the state
23treasury to the county in which they are appointed, the
24following:
25        (1) $22,000 for each assistant state's attorney in
26    counties with one or more State correctional institutions

 

 

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1    with a total average daily inmate population in excess of
2    2,000, on the basis of 2 assistant state's attorneys when
3    the total average daily inmate population exceeds 2,000 but
4    is less than 4,000; and 3 assistant state's attorneys when
5    such population exceeds 4,000; with reimbursement to be
6    based on actual services rendered.
7        (2) $15,000 per year for one assistant state's attorney
8    in counties having one or more correctional institutions
9    with a total average daily inmate population of between 750
10    and 2,000 inmates, with reimbursement to be based on actual
11    services rendered.
12        (3) A maximum of $12,000 per year for one assistant
13    state's attorney in counties having less than 750 inmates,
14    with reimbursement to be based on actual services rendered.
15        Upon application of the county governing authority and
16    certification of the State's Attorney, the Director of
17    Corrections may, in his discretion and subject to
18    appropriation, increase the amount of salary reimbursement
19    to a county in the event special circumstances require the
20    county to incur extraordinary salary expenditures as a
21    result of services performed in connection with State
22    correctional institutions in that county.
23    In determining whether or not to increase the amount of
24salary reimbursement, the Director shall consider, among other
25matters:
26        (1) the nature of the services rendered;

 

 

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1        (2) the results or dispositions obtained;
2        (3) whether or not the county was required to employ
3    additional attorney personnel as a direct result of the
4    services actually rendered in connection with a particular
5    service to a State correctional institution.
6    (f) In counties where a State senior institution of higher
7education is located, the assistant state's attorneys
8specified by this Section shall receive for their services,
9payable monthly from the State treasury to the county in which
10appointed, the following:
11        (1) $14,000 per year each for employment on a full time
12    basis for 2 assistant state's attorneys in counties having
13    a State university or State universities with combined full
14    time enrollment of more than 15,000 students.
15        (2) $7,200 per year for one assistant state's attorney
16    with no limitation on other practice in counties having a
17    State university or State universities with combined full
18    time enrollment of 10,000 to 15,000 students.
19        (3) $4,000 per year for one assistant state's attorney
20    with no limitation on other practice in counties having a
21    State university or State universities with combined full
22    time enrollment of less than 10,000 students.
23    Such salaries shall be paid to the state's attorney and the
24assistant state's attorney in equal monthly installments by
25such county out of the county treasury provided that the State
26of Illinois shall reimburse each county monthly from the state

 

 

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1treasury the amount of such salary. This Section shall not
2prevent the payment of such additional compensation to the
3state's attorney or assistant state's attorney of any county,
4out of the treasury of that county as may be provided by law.
5    (g) For purposes of this Section, "State mental health
6institution" means any institution under the jurisdiction of
7the Department of Human Services that is listed in Section 4 of
8the Mental Health and Developmental Disabilities
9Administrative Act.
10    For purposes of this Section, "State correctional
11institution" means any facility of the Department of
12Corrections including adult facilities, juvenile facilities,
13pre-release centers, community correction centers, and work
14camps.
15    For purposes of this Section, "State university" means the
16University of Illinois, Southern Illinois University, Chicago
17State University, Eastern Illinois University, Governors State
18University, Illinois State University, Northeastern Illinois
19University, Northern Illinois University, Western Illinois
20University, and any public community college which has
21established a program of interinstitutional cooperation with
22one of the foregoing institutions whereby a student, after
23earning an associate degree from the community college, pursues
24a course of study at the community college campus leading to a
25baccalaureate degree from the foregoing institution (also
26known as a "2 Plus 2" degree program).

 

 

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

 

 

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1subsidized by this subsection (h) may also prosecute the
2different misdemeanor cases at the direction of the state's
3attorney.
4    Assistant state's attorneys shall be appointed under this
5subsection in the following number and counties shall receive
6the following annual subsidies:
7        (1) In counties with fewer than 30,000 inhabitants, one
8    at $35,000.
9        (2) In counties with 30,000 or more but fewer than
10    100,000 inhabitants, one at $45,000.
11        (3) In counties with 100,000 or more but fewer than
12    300,000 inhabitants, 2 at $45,000 each.
13        (4) In counties, other than Cook County, with 300,000
14    or more inhabitants, 4 at $50,000 each.
15    The amounts appropriated under this Section must be
16segregated by population classification and disbursed monthly.
17    If in any year the amount appropriated for the purposes of
18this subsection (h) is insufficient to pay all of the subsidies
19specified in this subsection, the amount appropriated shall
20first be prorated by the population classifications of this
21subsection (h) and then among the counties choosing to
22participate within each of those classifications. If any of the
23appropriated moneys for each population classification remain
24at the end of a fiscal year, the remainder of the moneys may be
25allocated to participating counties that were not fully funded
26during the course of the year. Nothing in this subsection

 

 

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1prohibits 2 or more State's attorneys from combining their
2subsidies to appoint a joint assistant State's attorney to
3prosecute alcohol-related traffic offenses in multiple
4counties. Nothing in this subsection prohibits a State's
5attorney from appointing an assistant State's attorney by
6contract or otherwise.
7(Source: P.A. 96-259, eff. 8-11-09.)