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91_HB1966
LRB9104626DHmg
1 AN ACT in relation to State's Attorney's salaries.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 4-2001 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 several state's
9 attorneys in this State, except the state's attorney of Cook
10 County, the following annual salary:
11 (1) Subject to paragraph (5), to each state's
12 attorney in counties containing less than 10,000
13 inhabitants, $40,500 until December 31, 1988, $45,500
14 until June 30, 1994, and $55,500 thereafter or as set by
15 the Compensation Review Board, whichever is greater.
16 (2) Subject to paragraph (5), to each state's
17 attorney in counties containing 10,000 or more
18 inhabitants but less than 20,000 inhabitants, $46,500
19 until December 31, 1988, $61,500 until June 30, 1994, and
20 $71,500 thereafter or as set by the Compensation Review
21 Board, whichever is greater.
22 (3) Subject to paragraph (5), to each state's
23 attorney in counties containing 20,000 or more but less
24 than 30,000 inhabitants, $51,000 until December 31, 1988,
25 $65,000 until June 30, 1994, and $75,000 thereafter or as
26 set by the Compensation Review Board, whichever is
27 greater.
28 (4) To each state's attorney in counties of 30,000
29 or more inhabitants, $65,500 until December 31, 1988,
30 $80,000 until June 30, 1994, and $96,837 thereafter or as
31 set by the Compensation Review Board, whichever is
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1 greater.
2 (5) Effective December 1, 2000, to each state's
3 attorney in counties containing fewer than 30,000
4 inhabitants, the same salary plus any cost of living
5 adjustments as authorized by the Compensation Review
6 Board to take effect after January 1, 1999, for state's
7 attorneys in counties containing 20,000 or more but fewer
8 than 30,000 inhabitants, or as set by the Compensation
9 Review Board whichever is greater.
10 The State shall furnish 66 2/3% of the total annual
11 compensation to be paid to each state's attorney in Illinois
12 based on the salary in effect on December 31, 1988, and 100%
13 of the increases in salary taking effect after December 31,
14 1988.
15 Said amounts furnished by the State shall be payable
16 monthly from the state treasury to the county in which each
17 state's attorney is elected.
18 Each county shall be required to furnish 33 1/3% of the
19 total annual compensation to be paid to each state's attorney
20 in Illinois based on the salary in effect on December 31,
21 1988.
22 (b) Effective December 1, 2000 Except in counties
23 containing fewer than 10,000 inhabitants and except as
24 provided in this paragraph, no state's attorney may engage in
25 the private practice of law. However, until November 30,
26 2000, (i) the state's attorneys in counties containing fewer
27 than 10,000 inhabitants may engage in the practice of law,
28 and (ii) in any county between 10,000 and 30,000 inhabitants
29 or in any county containing 30,000 or more inhabitants which
30 reached that such population between 1970 and December 31,
31 1981, the state's attorney may declare his or her intention
32 to engage in the private practice of law, and may do so
33 through no later than November 30, 2000, by filing a written
34 declaration of intent to engage in the private practice of
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1 law with the county clerk. The declaration of intention
2 shall be irrevocable during the remainder of the term of
3 office. The declaration shall be filed with the county clerk
4 within 30 days of certification of election or appointment,
5 or within 60 days of March 15, 1989, whichever is later. In
6 that event the annual salary of such state's attorney shall
7 be as follows:
8 (1) In counties containing 10,000 or more
9 inhabitants but less than 20,000 inhabitants, $46,500
10 until December 31, 1988, $51,500 until June 30, 1994, and
11 $61,500 thereafter or as set by the Compensation Review
12 Board, whichever is greater. The State shall furnish
13 100% of the increases taking effect after December 31,
14 1988.
15 (2) In counties containing 20,000 or more
16 inhabitants but less than 30,000 inhabitants, and in
17 counties containing 30,000 or more inhabitants which
18 reached said population between 1970 and December 31,
19 1981, $51,500 until December 31, 1988, $56,000 until June
20 30, 1994, and $65,000 thereafter or as set by the
21 Compensation Review Board, whichever is greater. The
22 State shall furnish 100% of the increases taking effect
23 after December 31, 1988.
24 (c) In counties where a state mental health institution,
25 as hereinafter defined, is located, one assistant state's
26 attorney shall receive for his services, payable monthly from
27 the state treasury to the county in which he is appointed,
28 the following:
29 (1) To each assistant state's attorney in counties
30 containing less than 10,000 inhabitants, the sum of
31 $2,500 per annum;
32 (2) To each assistant state's attorney in counties
33 containing not less than 10,000 inhabitants and not more
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1 than 20,000 inhabitants, the sum of $3,500 per annum;
2 (3) To each assistant state's attorney in counties
3 containing not less than 20,000 inhabitants and not more
4 than 30,000 inhabitants, the sum of $4,000 per annum;
5 (4) To each assistant state's attorney in counties
6 containing not less than 30,000 inhabitants and not more
7 than 40,000 inhabitants, the sum of $4,500 per annum;
8 (5) To each assistant state's attorney in counties
9 containing not less than 40,000 inhabitants and not more
10 than 70,000 inhabitants, the sum of $5,000 per annum;
11 (6) To each assistant state's attorney in counties
12 containing not less than 70,000 inhabitants and not more
13 than 1,000,000 inhabitants, the sum of $6,000 per annum.
14 (d) The population of all counties for the purpose of
15 fixing salaries as herein provided shall be based upon the
16 last Federal census immediately previous to the appointment
17 of an assistant state's attorney in each county.
18 (e) At the request of the county governing authority, in
19 counties where one or more state correctional institutions,
20 as hereinafter defined, are located, one or more assistant
21 state's attorneys shall receive for their services, provided
22 that such services are performed in connection with the state
23 correctional institution, payable monthly from the state
24 treasury to the county in which they are appointed, the
25 following:
26 (1) $22,000 for each assistant state's attorney in
27 counties with one or more State correctional institutions
28 with a total average daily inmate population in excess of
29 2,000, on the basis of 2 assistant state's attorneys when
30 the total average daily inmate population exceeds 2,000
31 but is less than 4,000; and 3 assistant state's attorneys
32 when such population exceeds 4,000; with reimbursement to
33 be based on actual services rendered.
34 (2) $15,000 per year for one assistant state's
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1 attorney in counties having one or more correctional
2 institutions with a total average daily inmate population
3 of between 750 and 2,000 inmates, with reimbursement to
4 be based on actual services rendered.
5 (3) A maximum of $12,000 per year for one assistant
6 state's attorney in counties having less than 750
7 inmates, with reimbursement to be based on actual
8 services rendered.
9 Upon application of the county governing authority
10 and certification of the State's Attorney, the Director
11 of Corrections may, in his discretion and subject to
12 appropriation, increase the amount of salary
13 reimbursement to a county in the event special
14 circumstances require the county to incur extraordinary
15 salary expenditures as a result of services performed in
16 connection with State correctional institutions in that
17 county.
18 In determining whether or not to increase the amount of
19 salary reimbursement, the Director shall consider, among
20 other matters:
21 (1) the nature of the services rendered;
22 (2) the results or dispositions obtained;
23 (3) whether or not the county was required to
24 employ additional attorney personnel as a direct result
25 of the services actually rendered in connection with a
26 particular service to a State correctional institution.
27 (f) In counties where a State senior institution of
28 higher education is located, the assistant state's attorneys
29 specified by this Section shall receive for their services,
30 payable monthly from the State treasury to the county in
31 which appointed, the following:
32 (1) $14,000 per year each for employment on a full
33 time basis for 2 assistant state's attorneys in counties
34 having a State university or State universities with
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1 combined full time enrollment of more than 15,000
2 students.
3 (2) $7,200 per year for one assistant state's
4 attorney with no limitation on other practice in counties
5 having a State university or State universities with
6 combined full time enrollment of 10,000 to 15,000
7 students.
8 (3) $4,000 per year for one assistant state's
9 attorney with no limitation on other practice in counties
10 having a State university or State universities with
11 combined full time enrollment of less than 10,000
12 students.
13 Such salaries shall be paid to the state's attorney and
14 the assistant state's attorney in equal monthly installments
15 by such county out of the county treasury provided that the
16 State of Illinois shall reimburse each county monthly from
17 the state treasury the amount of such salary. This Section
18 shall not prevent the payment of such additional compensation
19 to the state's attorney or assistant state's attorney of any
20 county, out of the treasury of that county as may be provided
21 by law.
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
25 of the Mental Health and Developmental Disabilities
26 Administrative Act.
27 For purposes of this Section, "State correctional
28 institution" means any facility of the Department of
29 Corrections including adult facilities, juvenile facilities,
30 pre-release centers, community correction centers, and work
31 camps.
32 For purposes of this Section, "State university" means
33 the University of Illinois, Southern Illinois University,
34 Chicago State University, Eastern Illinois University,
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1 Governors State University, Illinois State University,
2 Northeastern Illinois University, Northern Illinois
3 University, Western Illinois University, and any public
4 community college which has established a program of
5 interinstitutional cooperation with one of the foregoing
6 institutions whereby a student, after earning an associate
7 degree from the community college, pursues a course of study
8 at the community college campus leading to a baccalaureate
9 degree from the foregoing institution (also known as a "2
10 Plus 2" degree program).
11 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
12 90-375, eff. 8-14-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.