Full Text of HB1202 96th General Assembly
HB1202 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1202
Introduced 2/11/2009, by Rep. Gary Hannig 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, within 90 days after the effective date of the amendatory Act, a county board by resolution or ordinance may increase the amount of compensation paid to an eligible state's attorney in their county in 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. Specifies eligibility requirements. Effective immediately.
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A BILL FOR
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HB1202 |
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LRB096 08952 RLJ 19090 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 4-2001 as follows:
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| (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
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| Sec. 4-2001. State's attorney salaries.
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| (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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| (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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| (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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| (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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HB1202 |
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LRB096 08952 RLJ 19090 b |
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| until June 30, 1994, and $75,000
thereafter or as set by | 2 |
| the Compensation Review Board, whichever is
greater.
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| (4) To each state's attorney in counties of 30,000 or
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| 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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| (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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| 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 100%
of | 18 |
| the increases in salary taking effect after December 31, 1988.
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| Said amounts furnished by the State shall be payable | 20 |
| monthly
from the state treasury to the county in which each | 21 |
| state's attorney is
elected.
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| Each county shall be required to furnish 33 1/3% of the
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| total annual compensation to be paid to each state's attorney | 24 |
| in Illinois
based on the salary in effect on December 31, 1988. | 25 |
| Within 90 days after the effective date of this amendatory | 26 |
| Act of the 96th General Assembly, a county board by resolution |
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HB1202 |
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| or ordinance may increase the amount of compensation to be paid | 2 |
| to each eligible state's attorney in their county in the form | 3 |
| of a longevity stipend which shall be added to and become part | 4 |
| of the salary of the state's attorney for that year. To be | 5 |
| eligible, the state's attorney must elect to participate in a | 6 |
| program for an alternative annuity for county officers and make | 7 |
| the required additional optional contributions as authorized | 8 |
| by P.A. 90-32.
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| (b) Effective December 1, 2000, no state's attorney may | 10 |
| engage in
the private practice of law. However, until November | 11 |
| 30, 2000,
(i) the state's attorneys in counties containing | 12 |
| fewer than 10,000 inhabitants
may engage in the practice of | 13 |
| law, and (ii) in any county between 10,000 and
30,000 | 14 |
| inhabitants or in any county containing 30,000 or more | 15 |
| inhabitants which
reached that population between 1970 and | 16 |
| December 31, 1981, the state's
attorney may declare his or her | 17 |
| intention to engage in the private practice of
law, and may do | 18 |
| so through no later than November 30, 2000, by filing a written
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| declaration of intent to engage in the private practice of law | 20 |
| with the county
clerk. The declaration of intention shall be | 21 |
| irrevocable during the remainder
of the term of office. The | 22 |
| declaration shall be filed with the county clerk
within 30 days | 23 |
| of certification of election or appointment, or within 60 days
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| of March 15, 1989, whichever is later. In that event the annual | 25 |
| salary of such
state's attorney shall be as follows:
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| (1) In counties containing 10,000 or more inhabitants |
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| but less than
20,000 inhabitants, $46,500 until December | 2 |
| 31, 1988, $51,500
until June 30, 1994, and $61,500 | 3 |
| thereafter or as set by the Compensation
Review Board, | 4 |
| whichever is greater.
The State shall furnish 100% of the | 5 |
| increases taking
effect after December 31, 1988.
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| (2) In counties containing 20,000 or more inhabitants | 7 |
| but less than
30,000 inhabitants, and in counties | 8 |
| containing 30,000 or more inhabitants
which reached said | 9 |
| population between 1970 and December 31, 1981, $51,500
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| until December 31, 1988, $56,000 until June 30, 1994, and | 11 |
| $65,000
thereafter or as set by the Compensation Review | 12 |
| Board, whichever is
greater. The State shall furnish 100% | 13 |
| of the
increases taking effect after December 31, 1988.
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| (c) In counties where a state mental health institution, as | 15 |
| hereinafter
defined, is located, one assistant state's | 16 |
| attorney shall receive for his
services, payable monthly from | 17 |
| the state treasury to the county in which he
is appointed, the | 18 |
| following:
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| (1) To each assistant state's attorney in counties | 20 |
| containing less than
10,000 inhabitants, the sum of $2,500 | 21 |
| per annum;
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| (2) To each assistant state's attorney in counties | 23 |
| containing not less
than 10,000 inhabitants and not more | 24 |
| than 20,000 inhabitants, the sum of
$3,500 per annum;
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| (3) To each assistant state's attorney in counties | 26 |
| containing not less
than 20,000 inhabitants and not more |
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| than 30,000 inhabitants, the sum of
$4,000 per annum;
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| (4) To each assistant state's attorney in counties | 3 |
| containing not less
than 30,000 inhabitants and not more | 4 |
| than 40,000 inhabitants, the sum of
$4,500 per annum;
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| (5) To each assistant state's attorney in counties | 6 |
| containing not less
than 40,000 inhabitants and not more | 7 |
| than 70,000 inhabitants, the sum of
$5,000 per annum;
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| (6) To each assistant state's attorney in counties | 9 |
| containing not less
than 70,000 inhabitants and not more | 10 |
| than 1,000,000 inhabitants, the sum
of $6,000 per annum.
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| (d) The population of all counties for the purpose of | 12 |
| fixing salaries as
herein provided shall be based upon the last | 13 |
| Federal census immediately
previous to the appointment of an | 14 |
| assistant state's attorney in each county.
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| (e) At the request of the county governing authority, in | 16 |
| counties where
one or more state correctional institutions, as | 17 |
| hereinafter defined, are
located, one or more assistant state's | 18 |
| attorneys shall receive for their
services, provided that such | 19 |
| services are performed in connection with the
state | 20 |
| correctional institution, payable monthly from the state | 21 |
| treasury to
the county in which they are appointed, the | 22 |
| following:
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| (1) $22,000 for each assistant state's attorney in | 24 |
| counties with one
or more State correctional institutions | 25 |
| with a total average daily inmate
population in excess of | 26 |
| 2,000, on the basis of 2 assistant state's
attorneys when |
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| the total average daily inmate population exceeds 2,000
but | 2 |
| is less than 4,000; and 3 assistant state's attorneys when | 3 |
| such
population exceeds 4,000; with reimbursement to be | 4 |
| based on actual services
rendered.
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| (2) $15,000 per year for one assistant state's attorney | 6 |
| in counties
having one or more correctional institutions | 7 |
| with a total average daily
inmate population of between 750 | 8 |
| and 2,000 inmates, with reimbursement to
be based on actual | 9 |
| services rendered.
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| (3) A maximum of $12,000 per year for one assistant | 11 |
| state's attorney
in counties having less than 750 inmates, | 12 |
| with reimbursement to be based on
actual services rendered.
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| Upon application of the county governing authority and | 14 |
| certification of
the State's Attorney, the Director of | 15 |
| Corrections may, in his discretion
and subject to | 16 |
| appropriation, increase the amount of salary reimbursement
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| to a county in the event special circumstances require the | 18 |
| county to incur
extraordinary salary expenditures as a | 19 |
| result of services performed in
connection with State | 20 |
| correctional institutions in that county.
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| In determining whether or not to increase the amount of | 22 |
| salary
reimbursement, the Director shall consider, among other | 23 |
| matters:
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| (1) the nature of the services rendered;
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| (2) the results or dispositions obtained;
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| (3) whether or not the county was required to employ |
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| additional attorney
personnel as a direct result of the | 2 |
| services actually rendered in
connection with a particular | 3 |
| service to a State correctional institution.
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| (f) In counties where a State senior institution of higher | 5 |
| education is
located, the assistant state's attorneys | 6 |
| specified by this Section shall
receive for their services, | 7 |
| payable monthly from the State treasury to
the county in which | 8 |
| appointed, the following:
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| (1) $14,000 per year each for employment on a full time | 10 |
| basis for 2
assistant state's attorneys in counties having | 11 |
| a State university or
State universities with combined full | 12 |
| time enrollment of more than
15,000 students.
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| (2) $7,200 per year for one assistant state's attorney | 14 |
| with no
limitation on other practice in counties having a | 15 |
| State university or
State universities with combined full | 16 |
| time enrollment of 10,000 to
15,000 students.
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| (3) $4,000 per year for one assistant state's attorney | 18 |
| with no
limitation on other practice in counties having a | 19 |
| State university or
State universities with combined full | 20 |
| time enrollment of less than
10,000 students.
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| Such salaries shall be paid to the state's attorney and the | 22 |
| assistant
state's attorney in equal monthly installments by | 23 |
| such county out of the
county treasury provided that the State | 24 |
| of Illinois shall reimburse each
county monthly from the state | 25 |
| treasury the amount of such salary. This
Section shall not | 26 |
| prevent the payment of such additional compensation to
the |
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| state's attorney or assistant state's attorney of any county, | 2 |
| out of
the treasury of that county as may be provided by law.
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| (g) For purposes of this Section, "State mental health | 4 |
| institution" means
any institution under the jurisdiction of | 5 |
| the Department of Human Services
that is listed in Section 4 of | 6 |
| the Mental Health and
Developmental Disabilities | 7 |
| Administrative Act.
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| For purposes of this Section, "State correctional | 9 |
| institution" means
any facility of the Department of | 10 |
| Corrections including adult facilities,
juvenile facilities, | 11 |
| pre-release centers, community correction centers, and
work | 12 |
| camps.
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| For purposes of this Section, "State university" means the | 14 |
| University
of Illinois, Southern Illinois University,
Chicago | 15 |
| State University, Eastern Illinois University, Governors State
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| University, Illinois State University, Northeastern Illinois | 17 |
| University,
Northern Illinois University, Western Illinois | 18 |
| University, and any public
community college
which has | 19 |
| established a program of interinstitutional cooperation with | 20 |
| one
of the foregoing institutions whereby a student, after | 21 |
| earning an associate
degree from the community college, pursues | 22 |
| a course of study at the
community college campus leading to a | 23 |
| baccalaureate degree from the
foregoing institution (also | 24 |
| known as a "2 Plus 2" degree program).
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| (h) A number of assistant state's attorneys shall be | 26 |
| appointed in each
county that chooses to participate, as |
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| provided in this subsection,
for the prosecution of | 2 |
| alcohol-related traffic offenses. Each county shall
receive | 3 |
| monthly a subsidy for payment of the salaries and
benefits of | 4 |
| these
assistant state's attorneys from State funds | 5 |
| appropriated to the county for
that purpose. The amounts of | 6 |
| subsidies provided by this subsection shall be
adjusted for | 7 |
| inflation each July 1 using the Consumer Price Index of the | 8 |
| Bureau
of Labor Statistics of the U.S. Department of Labor.
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| When a county chooses to participate in the subsidy program | 10 |
| described in this
subsection (h), the number of assistant | 11 |
| state's attorneys who are prosecuting
alcohol-related traffic | 12 |
| offenses must increase according to the subsidy
provided in | 13 |
| this subsection. These appointed assistant state's attorneys | 14 |
| shall
be in addition to any other assistant state's attorneys | 15 |
| assigned to those cases
on the effective date of this | 16 |
| amendatory Act of the 91st General Assembly, and
may not | 17 |
| replace those assistant state's attorneys. In counties where | 18 |
| the
state's attorney is the sole prosecutor, this subsidy shall | 19 |
| be used to provide
an assistant state's attorney to prosecute | 20 |
| alcohol-related traffic offenses
along with the state's | 21 |
| attorney. In counties where the state's attorney is the
sole | 22 |
| prosecutor, and in counties where a judge presides over cases | 23 |
| involving a
variety of misdemeanors, including alcohol-related | 24 |
| traffic matters, assistant
state's attorneys appointed and | 25 |
| subsidized by this subsection (h) may also
prosecute the | 26 |
| different misdemeanor cases at the direction of the state's
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| attorney.
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| Assistant state's attorneys shall be appointed under this | 3 |
| subsection in the
following number and counties shall receive | 4 |
| the following annual subsidies:
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| (1) In counties with fewer than 30,000 inhabitants, one | 6 |
| at $35,000.
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| (2) In counties with 30,000 or more but fewer than | 8 |
| 100,000
inhabitants, one at $45,000.
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| (3) In counties with 100,000 or more but fewer than | 10 |
| 300,000 inhabitants,
2 at $45,000 each.
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| (4) In counties, other than Cook County, with 300,000 | 12 |
| or more inhabitants,
4 at $50,000 each.
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| The amounts appropriated under this Section must be | 14 |
| segregated by
population
classification and disbursed monthly.
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| If in any year the amount appropriated for the purposes of | 16 |
| this subsection
(h) is insufficient to pay all of the subsidies | 17 |
| specified in this subsection,
the amount appropriated shall | 18 |
| first be prorated by the population
classifications of this | 19 |
| subsection (h) and then among the counties choosing
to
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| participate
within each of those classifications. If any of the | 21 |
| appropriated moneys for
each population classification remain | 22 |
| at the end of a fiscal year,
the remainder of the moneys may be | 23 |
| allocated to participating counties that
were not fully funded | 24 |
| during the course of the year. Nothing in
this subsection | 25 |
| prohibits 2 or more State's attorneys from combining their
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| subsidies to appoint a joint assistant State's attorney to
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| prosecute alcohol-related traffic offenses in multiple | 2 |
| counties. Nothing in
this subsection prohibits a State's | 3 |
| attorney from appointing an
assistant State's attorney by | 4 |
| contract or otherwise.
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| (Source: P.A. 91-273, eff. 1-1-00;
91-440, eff. 8-6-99; 91-704, | 6 |
| eff. 7-1-00; 92-309, eff. 8-9-01.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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