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Full Text of SB1772  100th General Assembly

SB1772 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1772

 

Introduced 2/9/2017, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 20/50-40 new
30 ILCS 115/12  from Ch. 85, par. 616
35 ILCS 200/3-20
35 ILCS 200/3-40
55 ILCS 5/3-4007  from Ch. 34, par. 3-4007
55 ILCS 5/4-2001  from Ch. 34, par. 4-2001

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that the aggregate appropriations available for the State portion of salaries State's Attorneys, those Assistant State's Attorneys that receive funding for a portion of their salary from the State, county supervisors of assessments, and public defenders from all State funds for each State fiscal year shall be no less than the total aggregate appropriations made available for the State portion of salaries State's Attorneys, those Assistant State's Attorneys that receive funding for a portion of their salary from the State, county supervisors of assessments, and public defenders for the immediately preceding fiscal year. Provides that if for any reason the aggregate appropriations made available are insufficient to meet the levels required by subsections (a) of this Section, this Section shall constitute a continuing appropriation of all amounts necessary for these purposes. Allows the General Assembly to appropriate lesser amounts by law. Amends the Property Tax Code. Provides that the portion of the salary for the county supervisor of assessments that is paid by the State is no longer subject to appropriation. Amends the Counties Code. Provides that the portion of the salary for State's Attorneys, certain Assistant State's Attorneys, and public defenders that is paid by the State is no longer subject to appropriation. Amends the State Revenue Sharing Act to make conforming changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1772LRB100 08611 MLM 18745 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by adding Section 50-40 as follows:
 
6    (15 ILCS 20/50-40 new)
7    Sec. 50-40. Funding for salaries of State portions of
8certain county officials.
9    (a) Beginning July 1, 2017, the aggregate appropriations
10available for the State portion of salaries State's Attorneys,
11those Assistant State's Attorneys that receive funding for a
12portion of their salary from the State, county supervisors of
13assessments, and public defenders from all State funds for each
14State fiscal year shall be no less than the total aggregate
15appropriations made available for the State portion of salaries
16State's Attorneys, those Assistant State's Attorneys that
17receive funding for a portion of their salary from the State,
18county supervisors of assessments, and public defenders for the
19immediately preceding fiscal year.
20    (b) If for any reason the aggregate appropriations made
21available are insufficient to meet the levels required by
22subsections (a) of this Section, this Section shall constitute
23a continuing appropriation of all amounts necessary for these

 

 

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1purposes. The General Assembly may appropriate lesser amounts
2by law.
 
3    Section 10. The State Revenue Sharing Act is amended by
4changing Section 12 as follows:
 
5    (30 ILCS 115/12)  (from Ch. 85, par. 616)
6    Sec. 12. Personal Property Tax Replacement Fund. There is
7hereby created the Personal Property Tax Replacement Fund, a
8special fund in the State Treasury into which shall be paid all
9revenue realized:
10    (a) all amounts realized from the additional personal
11property tax replacement income tax imposed by subsections (c)
12and (d) of Section 201 of the Illinois Income Tax Act, except
13for those amounts deposited into the Income Tax Refund Fund
14pursuant to subsection (c) of Section 901 of the Illinois
15Income Tax Act; and
16    (b) all amounts realized from the additional personal
17property replacement invested capital taxes imposed by Section
182a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
19Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
20Section 3 of the Water Company Invested Capital Tax Act, and
21amounts payable to the Department of Revenue under the
22Telecommunications Infrastructure Maintenance Fee Act.
23    As soon as may be after the end of each month, the
24Department of Revenue shall certify to the Treasurer and the

 

 

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1Comptroller the amount of all refunds paid out of the General
2Revenue Fund through the preceding month on account of
3overpayment of liability on taxes paid into the Personal
4Property Tax Replacement Fund. Upon receipt of such
5certification, the Treasurer and the Comptroller shall
6transfer the amount so certified from the Personal Property Tax
7Replacement Fund into the General Revenue Fund.
8    The payments of revenue into the Personal Property Tax
9Replacement Fund shall be used exclusively for distribution to
10taxing districts, regional offices and officials, and State and
11local officials as provided by law in this Section and in the
12School Code, payment of the ordinary and contingent expenses of
13the Property Tax Appeal Board, payment of the expenses of the
14Department of Revenue incurred in administering the collection
15and distribution of monies paid into the Personal Property Tax
16Replacement Fund and transfers due to refunds to taxpayers for
17overpayment of liability for taxes paid into the Personal
18Property Tax Replacement Fund.
19    In addition, moneys in the Personal Property Tax
20Replacement Fund may be used to pay any of the following: (i)
21salary, stipends, and additional compensation as provided by
22law for chief election clerks, county clerks, and county
23recorders; (ii) costs associated with regional offices of
24education and educational service centers; (iii)
25reimbursements payable by the State Board of Elections under
26Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the

 

 

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1Election Code; (iv) expenses of the Illinois Educational Labor
2Relations Board; and (v) salary, personal services, and
3additional compensation as provided by law for court reporters
4under the Court Reporters Act.
5    As soon as may be after the effective date of this
6amendatory Act of 1980, the Department of Revenue shall certify
7to the Treasurer the amount of net replacement revenue paid
8into the General Revenue Fund prior to that effective date from
9the additional tax imposed by Section 2a.1 of the Messages Tax
10Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
11the Public Utilities Revenue Act; Section 3 of the Water
12Company Invested Capital Tax Act; amounts collected by the
13Department of Revenue under the Telecommunications
14Infrastructure Maintenance Fee Act; and the additional
15personal property tax replacement income tax imposed by the
16Illinois Income Tax Act, as amended by Public Act 81-1st
17Special Session-1. Net replacement revenue shall be defined as
18the total amount paid into and remaining in the General Revenue
19Fund as a result of those Acts minus the amount outstanding and
20obligated from the General Revenue Fund in state vouchers or
21warrants prior to the effective date of this amendatory Act of
221980 as refunds to taxpayers for overpayment of liability under
23those Acts.
24    All interest earned by monies accumulated in the Personal
25Property Tax Replacement Fund shall be deposited in such Fund.
26All amounts allocated pursuant to this Section are appropriated

 

 

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1on a continuing basis.
2    Prior to December 31, 1980, as soon as may be after the end
3of each quarter beginning with the quarter ending December 31,
41979, and on and after December 31, 1980, as soon as may be
5after January 1, March 1, April 1, May 1, July 1, August 1,
6October 1 and December 1 of each year, the Department of
7Revenue shall allocate to each taxing district as defined in
8Section 1-150 of the Property Tax Code, in accordance with the
9provisions of paragraph (2) of this Section the portion of the
10funds held in the Personal Property Tax Replacement Fund which
11is required to be distributed, as provided in paragraph (1),
12for each quarter. Provided, however, under no circumstances
13shall any taxing district during each of the first two years of
14distribution of the taxes imposed by this amendatory Act of
151979 be entitled to an annual allocation which is less than the
16funds such taxing district collected from the 1978 personal
17property tax. Provided further that under no circumstances
18shall any taxing district during the third year of distribution
19of the taxes imposed by this amendatory Act of 1979 receive
20less than 60% of the funds such taxing district collected from
21the 1978 personal property tax. In the event that the total of
22the allocations made as above provided for all taxing
23districts, during either of such 3 years, exceeds the amount
24available for distribution the allocation of each taxing
25district shall be proportionately reduced. Except as provided
26in Section 13 of this Act, the Department shall then certify,

 

 

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1pursuant to appropriation, such allocations to the State
2Comptroller who shall pay over to the several taxing districts
3the respective amounts allocated to them.
4    Any township which receives an allocation based in whole or
5in part upon personal property taxes which it levied pursuant
6to Section 6-507 or 6-512 of the Illinois Highway Code and
7which was previously required to be paid over to a municipality
8shall immediately pay over to that municipality a proportionate
9share of the personal property replacement funds which such
10township receives.
11    Any municipality or township, other than a municipality
12with a population in excess of 500,000, which receives an
13allocation based in whole or in part on personal property taxes
14which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
15Illinois Local Library Act and which was previously required to
16be paid over to a public library shall immediately pay over to
17that library a proportionate share of the personal property tax
18replacement funds which such municipality or township
19receives; provided that if such a public library has converted
20to a library organized under The Illinois Public Library
21District Act, regardless of whether such conversion has
22occurred on, after or before January 1, 1988, such
23proportionate share shall be immediately paid over to the
24library district which maintains and operates the library.
25However, any library that has converted prior to January 1,
261988, and which hitherto has not received the personal property

 

 

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1tax replacement funds, shall receive such funds commencing on
2January 1, 1988.
3    Any township which receives an allocation based in whole or
4in part on personal property taxes which it levied pursuant to
5Section 1c of the Public Graveyards Act and which taxes were
6previously required to be paid over to or used for such public
7cemetery or cemeteries shall immediately pay over to or use for
8such public cemetery or cemeteries a proportionate share of the
9personal property tax replacement funds which the township
10receives.
11    Any taxing district which receives an allocation based in
12whole or in part upon personal property taxes which it levied
13for another governmental body or school district in Cook County
14in 1976 or for another governmental body or school district in
15the remainder of the State in 1977 shall immediately pay over
16to that governmental body or school district the amount of
17personal property replacement funds which such governmental
18body or school district would receive directly under the
19provisions of paragraph (2) of this Section, had it levied its
20own taxes.
21        (1) The portion of the Personal Property Tax
22    Replacement Fund required to be distributed as of the time
23    allocation is required to be made shall be the amount
24    available in such Fund as of the time allocation is
25    required to be made.
26        The amount available for distribution shall be the

 

 

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1    total amount in the fund at such time minus the necessary
2    administrative and other authorized expenses as limited by
3    the appropriation and the amount determined by: (a) $2.8
4    million for fiscal year 1981; (b) for fiscal year 1982,
5    .54% of the funds distributed from the fund during the
6    preceding fiscal year; (c) for fiscal year 1983 through
7    fiscal year 1988, .54% of the funds distributed from the
8    fund during the preceding fiscal year less .02% of such
9    fund for fiscal year 1983 and less .02% of such funds for
10    each fiscal year thereafter; (d) for fiscal year 1989
11    through fiscal year 2011 no more than 105% of the actual
12    administrative expenses of the prior fiscal year; (e) for
13    fiscal year 2012 and beyond, a sufficient amount to pay (i)
14    stipends, additional compensation, salary reimbursements,
15    and other amounts directed to be paid out of this Fund for
16    local officials as authorized or required by statute and
17    (ii) no more than 105% of the actual administrative
18    expenses of the prior fiscal year, including payment of the
19    ordinary and contingent expenses of the Property Tax Appeal
20    Board and payment of the expenses of the Department of
21    Revenue incurred in administering the collection and
22    distribution of moneys paid into the Fund; or (f) for
23    fiscal years 2012 and 2013 only, a sufficient amount to pay
24    stipends, additional compensation, salary reimbursements,
25    and other amounts directed to be paid out of this Fund for
26    regional offices and officials as authorized or required by

 

 

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1    statute. Such portion of the fund shall be determined after
2    the transfer into the General Revenue Fund due to refunds,
3    if any, paid from the General Revenue Fund during the
4    preceding quarter. If at any time, for any reason, there is
5    insufficient amount in the Personal Property Tax
6    Replacement Fund for payments for regional offices and
7    officials or local officials or payment of costs of
8    administration or for transfers due to refunds at the end
9    of any particular month, the amount of such insufficiency
10    shall be carried over for the purposes of payments for
11    regional offices and officials, local officials, transfers
12    into the General Revenue Fund, and costs of administration
13    to the following month or months. Net replacement revenue
14    held, and defined above, shall be transferred by the
15    Treasurer and Comptroller to the Personal Property Tax
16    Replacement Fund within 10 days of such certification.
17        (2) Each quarterly allocation shall first be
18    apportioned in the following manner: 51.65% for taxing
19    districts in Cook County and 48.35% for taxing districts in
20    the remainder of the State.
21    The Personal Property Replacement Ratio of each taxing
22district outside Cook County shall be the ratio which the Tax
23Base of that taxing district bears to the Downstate Tax Base.
24The Tax Base of each taxing district outside of Cook County is
25the personal property tax collections for that taxing district
26for the 1977 tax year. The Downstate Tax Base is the personal

 

 

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1property tax collections for all taxing districts in the State
2outside of Cook County for the 1977 tax year. The Department of
3Revenue shall have authority to review for accuracy and
4completeness the personal property tax collections for each
5taxing district outside Cook County for the 1977 tax year.
6    The Personal Property Replacement Ratio of each Cook County
7taxing district shall be the ratio which the Tax Base of that
8taxing district bears to the Cook County Tax Base. The Tax Base
9of each Cook County taxing district is the personal property
10tax collections for that taxing district for the 1976 tax year.
11The Cook County Tax Base is the personal property tax
12collections for all taxing districts in Cook County for the
131976 tax year. The Department of Revenue shall have authority
14to review for accuracy and completeness the personal property
15tax collections for each taxing district within Cook County for
16the 1976 tax year.
17    For all purposes of this Section 12, amounts paid to a
18taxing district for such tax years as may be applicable by a
19foreign corporation under the provisions of Section 7-202 of
20the Public Utilities Act, as amended, shall be deemed to be
21personal property taxes collected by such taxing district for
22such tax years as may be applicable. The Director shall
23determine from the Illinois Commerce Commission, for any tax
24year as may be applicable, the amounts so paid by any such
25foreign corporation to any and all taxing districts. The
26Illinois Commerce Commission shall furnish such information to

 

 

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1the Director. For all purposes of this Section 12, the Director
2shall deem such amounts to be collected personal property taxes
3of each such taxing district for the applicable tax year or
4years.
5    Taxing districts located both in Cook County and in one or
6more other counties shall receive both a Cook County allocation
7and a Downstate allocation determined in the same way as all
8other taxing districts.
9    If any taxing district in existence on July 1, 1979 ceases
10to exist, or discontinues its operations, its Tax Base shall
11thereafter be deemed to be zero. If the powers, duties and
12obligations of the discontinued taxing district are assumed by
13another taxing district, the Tax Base of the discontinued
14taxing district shall be added to the Tax Base of the taxing
15district assuming such powers, duties and obligations.
16    If two or more taxing districts in existence on July 1,
171979, or a successor or successors thereto shall consolidate
18into one taxing district, the Tax Base of such consolidated
19taxing district shall be the sum of the Tax Bases of each of
20the taxing districts which have consolidated.
21    If a single taxing district in existence on July 1, 1979,
22or a successor or successors thereto shall be divided into two
23or more separate taxing districts, the tax base of the taxing
24district so divided shall be allocated to each of the resulting
25taxing districts in proportion to the then current equalized
26assessed value of each resulting taxing district.

 

 

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1    If a portion of the territory of a taxing district is
2disconnected and annexed to another taxing district of the same
3type, the Tax Base of the taxing district from which
4disconnection was made shall be reduced in proportion to the
5then current equalized assessed value of the disconnected
6territory as compared with the then current equalized assessed
7value within the entire territory of the taxing district prior
8to disconnection, and the amount of such reduction shall be
9added to the Tax Base of the taxing district to which
10annexation is made.
11    If a community college district is created after July 1,
121979, beginning on the effective date of this amendatory Act of
131995, its Tax Base shall be 3.5% of the sum of the personal
14property tax collected for the 1977 tax year within the
15territorial jurisdiction of the district.
16    The amounts allocated and paid to taxing districts pursuant
17to the provisions of this amendatory Act of 1979 shall be
18deemed to be substitute revenues for the revenues derived from
19taxes imposed on personal property pursuant to the provisions
20of the "Revenue Act of 1939" or "An Act for the assessment and
21taxation of private car line companies", approved July 22,
221943, as amended, or Section 414 of the Illinois Insurance
23Code, prior to the abolition of such taxes and shall be used
24for the same purposes as the revenues derived from ad valorem
25taxes on real estate.
26    Monies received by any taxing districts from the Personal

 

 

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1Property Tax Replacement Fund shall be first applied toward
2payment of the proportionate amount of debt service which was
3previously levied and collected from extensions against
4personal property on bonds outstanding as of December 31, 1978
5and next applied toward payment of the proportionate share of
6the pension or retirement obligations of the taxing district
7which were previously levied and collected from extensions
8against personal property. For each such outstanding bond
9issue, the County Clerk shall determine the percentage of the
10debt service which was collected from extensions against real
11estate in the taxing district for 1978 taxes payable in 1979,
12as related to the total amount of such levies and collections
13from extensions against both real and personal property. For
141979 and subsequent years' taxes, the County Clerk shall levy
15and extend taxes against the real estate of each taxing
16district which will yield the said percentage or percentages of
17the debt service on such outstanding bonds. The balance of the
18amount necessary to fully pay such debt service shall
19constitute a first and prior lien upon the monies received by
20each such taxing district through the Personal Property Tax
21Replacement Fund and shall be first applied or set aside for
22such purpose. In counties having fewer than 3,000,000
23inhabitants, the amendments to this paragraph as made by this
24amendatory Act of 1980 shall be first applicable to 1980 taxes
25to be collected in 1981.
26(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;

 

 

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197-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
26-30-14.)
 
3    Section 15. The Property Tax Code is amended by changing
4Sections 3-20 and 3-40 as follows:
 
5    (35 ILCS 200/3-20)
6    Sec. 3-20. Reimbursement when serving more than 1 county.
7When 2 or more counties have, with Department approval, elected
8or appointed the same person as county supervisor of
9assessments, subject to appropriation, the Department shall
10pay out of the Personal Property Tax Replacement Fund to the
11counties a total of $5,000 per year to be applied toward the
12person's salary. The Department shall apportion the $5,000
13among such counties in proportion to each county's share of the
14salary.
15    The State portion of this salary is subject to Section
1650-40 of the State Budget Law.
17    The amount payable under this Section is in addition to the
1850% reimbursement provided for in Section 3-40, but in no event
19shall the total paid under this Section and the reimbursement
20under Section 3-40 exceed the compensation of the supervisor of
21assessments.
22(Source: P.A. 97-72, eff. 7-1-11.)
 
23    (35 ILCS 200/3-40)

 

 

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1    Sec. 3-40. Compensation of supervisors of assessments.
2    (a) A supervisor of assessments shall receive annual
3compensation in an amount fixed by the county board subject to
4the following minimum amounts:
5        In counties with less than 14,000 inhabitants, not less
6    than $7,500;
7        In counties with 14,000 or more but less than 30,000
8    inhabitants, not less than $8,000;
9        In counties with 30,000 or more but less than 60,000
10    inhabitants, not less than $9,000;
11        In counties with 60,000 or more but less than 100,000
12    inhabitants, not less than $10,000;
13        In counties with 100,000 or more but less than 200,000
14    inhabitants, not less than $11,500;
15        In counties with 200,000 or more but less than 300,000
16    inhabitants, not less than $13,000;
17        In counties with 300,000 or more but less than
18    1,000,000 inhabitants, not less than $15,000.
19For purposes of this subsection, the number of inhabitants
20shall be determined by the latest Federal decennial or special
21census of the county.
22    (b) Elected supervisors of assessments who began a term of
23office before December 1, 1990 shall be compensated at the rate
24of their base salary. "Base salary" is the compensation paid
25for their position before July 1, 1989.
26    (c) Elected supervisors of assessments beginning a term of

 

 

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1office on or after December 1, 1990 shall, beginning December
21, 1993, receive their base salary plus at least 12% of base
3salary.
4    Any supervisor of assessments who has been presented a
5Certified Assessing Evaluator Certificate by the International
6Association of Assessing Officers shall receive an additional
7compensation of $500 per year to be paid out of funds
8appropriated to the Department from the Personal Property Tax
9Replacement Fund.
10    The salary set by the county board shall be paid in equal
11monthly installments out of the treasury of the county in which
12he or she is appointed or elected. If the Department has
13determined that the total assessed value of property in a
14county, as equalized by the supervisor of assessments under
15Section 9-210, is between 31 1/3% and 35 1/3% of the total fair
16cash value of property in the county, subject to appropriation,
17the Department shall reimburse the county monthly from the
18Personal Property Tax Replacement Fund 50% of the amount of
19salary the county paid to the officer for the preceding month.
20The State portion of this salary is subject to Section 50-40 of
21the State Budget Law.
22    The county board shall provide necessary office space for
23the officer and pay all necessary expenses of the office out of
24the county treasury.
25    Each supervisor of assessments may, with the advice and
26consent of the county board, appoint necessary deputies and

 

 

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1clerks, their compensation to be fixed by the county board and
2paid by the county.
3(Source: P.A. 97-72, eff. 7-1-11.)
 
4    Section 20. The Counties Code is amended by changing
5Sections 3-4007 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. These Subject
22to appropriation, these amounts furnished by the State shall be
23payable monthly by the Department of Revenue out of the
24Personal Property Tax Replacement Fund or the General Revenue

 

 

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1Fund to the county in which each Public Defender is employed.
2The State portion of this salary is subject to Section 50-40 of
3the State Budget Law.
4    (c) In cases where 2 or more adjoining counties have joined
5to form a common office of Public Defender, the salary of the
6Public Defender shall be set and paid as provided by a joint
7resolution of the various county boards involved.
8(Source: P.A. 97-72, eff. 7-1-11.)
 
9    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
10    Sec. 4-2001. State's attorney salaries.
11    (a) There shall be allowed to the several state's attorneys
12in this State, except the state's attorney of Cook County, the
13following annual salary:
14        (1) Subject to paragraph (5), to each state's attorney
15    in counties containing less than 10,000 inhabitants,
16    $40,500 until December 31, 1988, $45,500 until June 30,
17    1994, and $55,500 thereafter or as set by the Compensation
18    Review Board, whichever is greater.
19        (2) Subject to paragraph (5), to each state's attorney
20    in counties containing 10,000 or more inhabitants but less
21    than 20,000 inhabitants, $46,500 until December 31, 1988,
22    $61,500 until June 30, 1994, and $71,500 thereafter or as
23    set by the Compensation Review Board, whichever is greater.
24        (3) Subject to paragraph (5), to each state's attorney
25    in counties containing 20,000 or more but less than 30,000

 

 

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1    inhabitants, $51,000 until December 31, 1988, $65,000
2    until June 30, 1994, and $75,000 thereafter or as set by
3    the Compensation Review Board, whichever is greater.
4        (4) To each state's attorney in counties of 30,000 or
5    more inhabitants, $65,500 until December 31, 1988, $80,000
6    until June 30, 1994, and $96,837 thereafter or as set by
7    the Compensation Review Board, whichever is greater.
8        (5) Effective December 1, 2000, to each state's
9    attorney in counties containing fewer than 30,000
10    inhabitants, the same salary plus any cost of living
11    adjustments as authorized by the Compensation Review Board
12    to take effect after January 1, 1999, for state's attorneys
13    in counties containing 20,000 or more but fewer than 30,000
14    inhabitants, or as set by the Compensation Review Board
15    whichever is greater.
16    The State shall furnish 66 2/3% of the total annual
17compensation to be paid to each state's attorney in Illinois
18based on the salary in effect on December 31, 1988, and 100% of
19the increases in salary taking effect after December 31, 1988.
20    Said Subject to appropriation, said amounts furnished by
21the State shall be payable monthly by the Department of Revenue
22out of the Personal Property Tax Replacement Fund or the
23General Revenue Fund to the county in which each state's
24attorney is elected. The State portion of this salary is
25subject to Section 50-40 of the State Budget Law.
26    Each county shall be required to furnish 33 1/3% of the

 

 

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1total annual compensation to be paid to each state's attorney
2in Illinois based on the salary in effect on December 31, 1988.
3     Within 90 days after the effective date of this amendatory
4Act of the 96th General Assembly, the county board of any
5county with a population between 15,000 and 50,000 by
6resolution or ordinance may increase the amount of compensation
7to be paid to each eligible state's attorney in their county in
8the form of a longevity stipend which shall be added to and
9become part of the salary of the state's attorney for that
10year. To be eligible, the state's attorney must have served in
11the elected position for at least 20 continuous years and elect
12to participate in a program for an alternative annuity for
13county officers and make the required additional optional
14contributions as authorized by P.A. 90-32.
15    (b) Effective December 1, 2000, no state's attorney may
16engage in the private practice of law. However, until November
1730, 2000, (i) the state's attorneys in counties containing
18fewer than 10,000 inhabitants may engage in the practice of
19law, and (ii) in any county between 10,000 and 30,000
20inhabitants or in any county containing 30,000 or more
21inhabitants which reached that population between 1970 and
22December 31, 1981, the state's attorney may declare his or her
23intention to engage in the private practice of law, and may do
24so through no later than November 30, 2000, by filing a written
25declaration of intent to engage in the private practice of law
26with the county clerk. The declaration of intention shall be

 

 

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1irrevocable during the remainder of the term of office. The
2declaration shall be filed with the county clerk within 30 days
3of certification of election or appointment, or within 60 days
4of March 15, 1989, whichever is later. In that event the annual
5salary of such state's attorney shall be as follows:
6        (1) In counties containing 10,000 or more inhabitants
7    but less than 20,000 inhabitants, $46,500 until December
8    31, 1988, $51,500 until June 30, 1994, and $61,500
9    thereafter or as set by the Compensation Review Board,
10    whichever is greater. The State shall furnish 100% of the
11    increases taking effect after December 31, 1988.
12        (2) In counties containing 20,000 or more inhabitants
13    but less than 30,000 inhabitants, and in counties
14    containing 30,000 or more inhabitants which reached said
15    population between 1970 and December 31, 1981, $51,500
16    until December 31, 1988, $56,000 until June 30, 1994, and
17    $65,000 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    (c) In counties where a state mental health institution, as
21hereinafter defined, is located, one assistant state's
22attorney shall, subject to appropriation, receive for his
23services, payable monthly by the Department of Revenue out of
24the Personal Property Tax Replacement Fund or the General
25Revenue Fund to the county in which he is appointed, the
26following:

 

 

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

 

 

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1services, provided that such services are performed in
2connection with the state correctional institution, payable
3monthly by the Department of Revenue out of the Personal
4Property Tax Replacement Fund or the General Revenue Fund to
5the county in which they are appointed, the following:
6        (1) $22,000 for each assistant state's attorney in
7    counties with one or more State correctional institutions
8    with a total average daily inmate population in excess of
9    2,000, on the basis of 2 assistant state's attorneys when
10    the total average daily inmate population exceeds 2,000 but
11    is less than 4,000; and 3 assistant state's attorneys when
12    such population exceeds 4,000; with reimbursement to be
13    based on actual services rendered.
14        (2) $15,000 per year for one assistant state's attorney
15    in counties having one or more correctional institutions
16    with a total average daily inmate population of between 750
17    and 2,000 inmates, with reimbursement to be based on actual
18    services rendered.
19        (3) A maximum of $12,000 per year for one assistant
20    state's attorney in counties having less than 750 inmates,
21    with reimbursement to be based on actual services rendered.
22        Upon application of the county governing authority and
23    certification of the State's Attorney, the Director of
24    Corrections may, in his discretion and subject to
25    appropriation, increase the amount of salary reimbursement
26    to a county in the event special circumstances require the

 

 

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1    county to incur extraordinary salary expenditures as a
2    result of services performed in connection with State
3    correctional institutions in that county.
4    In determining whether or not to increase the amount of
5salary reimbursement, the Director shall consider, among other
6matters:
7        (1) the nature of the services rendered;
8        (2) the results or dispositions obtained;
9        (3) whether or not the county was required to employ
10    additional attorney personnel as a direct result of the
11    services actually rendered in connection with a particular
12    service to a State correctional institution.
13    (f) In counties where a State senior institution of higher
14education is located, the assistant state's attorneys
15specified by this Section shall, subject to appropriation,
16receive for their services, payable monthly by the Department
17of Revenue out of the Personal Property Tax Replacement Fund or
18the General Revenue Fund to the county in which appointed, the
19following:
20        (1) $14,000 per year each for employment on a full time
21    basis for 2 assistant state's attorneys in counties having
22    a State university or State universities with combined full
23    time enrollment of more than 15,000 students.
24        (2) $7,200 per year for one assistant state's attorney
25    with no limitation on other practice in counties having a
26    State university or State universities with combined full

 

 

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1    time enrollment of 10,000 to 15,000 students.
2        (3) $4,000 per year for one assistant state's attorney
3    with no limitation on other practice in counties having a
4    State university or State universities with combined full
5    time enrollment of less than 10,000 students.
6    Such salaries shall be paid to the state's attorney and the
7assistant state's attorney in equal monthly installments by
8such county out of the county treasury provided that, subject
9to appropriation, the Department of Revenue shall reimburse
10each county monthly, out of the Personal Property Tax
11Replacement Fund or the General Revenue Fund, the amount of
12such salary. The State portion of this salary is subject to
13Section 50-40 of the State Budget Law. This Section shall not
14prevent the payment of such additional compensation to the
15state's attorney or assistant state's attorney of any county,
16out of the treasury of that county as may be provided by law.
17    (g) For purposes of this Section, "State mental health
18institution" means any institution under the jurisdiction of
19the Department of Human Services that is listed in Section 4 of
20the Mental Health and Developmental Disabilities
21Administrative Act.
22    For purposes of this Section, "State correctional
23institution" means any facility of the Department of
24Corrections including adult facilities, juvenile facilities,
25pre-release centers, community correction centers, and work
26camps.

 

 

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1    For purposes of this Section, "State university" means the
2University of Illinois, Southern Illinois University, Chicago
3State University, Eastern Illinois University, Governors State
4University, Illinois State University, Northeastern Illinois
5University, Northern Illinois University, Western Illinois
6University, and any public community college which has
7established a program of interinstitutional cooperation with
8one of the foregoing institutions whereby a student, after
9earning an associate degree from the community college, pursues
10a course of study at the community college campus leading to a
11baccalaureate degree from the foregoing institution (also
12known as a "2 Plus 2" degree program).
13    (h) A number of assistant state's attorneys shall be
14appointed in each county that chooses to participate, as
15provided in this subsection, for the prosecution of
16alcohol-related traffic offenses. Each county shall receive
17monthly a subsidy for payment of the salaries and benefits of
18these assistant state's attorneys from State funds
19appropriated to the Department of Revenue out of the Personal
20Property Tax Replacement Fund or the General Revenue Fund for
21that purpose. The amounts of subsidies provided by this
22subsection shall be adjusted for inflation each July 1 using
23the Consumer Price Index of the Bureau of Labor Statistics of
24the U.S. Department of Labor.
25    When a county chooses to participate in the subsidy program
26described in this subsection (h), the number of assistant

 

 

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1state's attorneys who are prosecuting alcohol-related traffic
2offenses must increase according to the subsidy provided in
3this subsection. These appointed assistant state's attorneys
4shall be in addition to any other assistant state's attorneys
5assigned to those cases on the effective date of this
6amendatory Act of the 91st General Assembly, and may not
7replace those assistant state's attorneys. In counties where
8the state's attorney is the sole prosecutor, this subsidy shall
9be used to provide an assistant state's attorney to prosecute
10alcohol-related traffic offenses along with the state's
11attorney. In counties where the state's attorney is the sole
12prosecutor, and in counties where a judge presides over cases
13involving a variety of misdemeanors, including alcohol-related
14traffic matters, assistant state's attorneys appointed and
15subsidized by this subsection (h) may also prosecute the
16different misdemeanor cases at the direction of the state's
17attorney.
18    Assistant state's attorneys shall be appointed under this
19subsection in the following number and counties shall receive
20the following annual subsidies:
21        (1) In counties with fewer than 30,000 inhabitants, one
22    at $35,000.
23        (2) In counties with 30,000 or more but fewer than
24    100,000 inhabitants, one at $45,000.
25        (3) In counties with 100,000 or more but fewer than
26    300,000 inhabitants, 2 at $45,000 each.

 

 

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1        (4) In counties, other than Cook County, with 300,000
2    or more inhabitants, 4 at $50,000 each.
3    The amounts appropriated under this Section must be
4segregated by population classification and disbursed monthly.
5    If in any year the amount appropriated for the purposes of
6this subsection (h) is insufficient to pay all of the subsidies
7specified in this subsection, the amount appropriated shall
8first be prorated by the population classifications of this
9subsection (h) and then among the counties choosing to
10participate within each of those classifications. If any of the
11appropriated moneys for each population classification remain
12at the end of a fiscal year, the remainder of the moneys may be
13allocated to participating counties that were not fully funded
14during the course of the year. Nothing in this subsection
15prohibits 2 or more State's attorneys from combining their
16subsidies to appoint a joint assistant State's attorney to
17prosecute alcohol-related traffic offenses in multiple
18counties. Nothing in this subsection prohibits a State's
19attorney from appointing an assistant State's attorney by
20contract or otherwise.
21(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)