Public Act 90-0375 of the 90th General Assembly
Public Act 90-0375
HB1123 Enrolled LRB9003811MWgc
AN ACT in relation to compensation for State's attorneys.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compensation Review Act is amended by
changing Section 4 as follows:
(25 ILCS 120/4) (from Ch. 63, par. 904)
Sec. 4. Meetings of the Board; determining compensation;
public hearings; reports. The Board shall meet as often as
may be necessary and shall determine, upon a vote requiring
at least 7 affirmative votes, the compensation for members of
the General Assembly, judges, other than the county
supplement, State's attorneys, other than the county
supplement, the elected constitutional officers of State
government, and certain appointed officers of State
government.
In determining the compensation for each office, the
Compensation Review Board shall consider the following
factors:
(a) the skill required,
(b) the time required,
(c) the opportunity for other earned income,
(d) the value of public services as performed in
comparable states,
(e) the value of such services as performed in the
private sector in Illinois and comparable states based on the
responsibility and discretion required in the office,
(f) the average consumer prices commonly known as the
cost of living,
(g) the overall compensation presently received by the
public officials and all other benefits received,
(h) the interests and welfare of the public and the
financial ability of the State to meet those costs, and
(i) such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of such compensation.
The Board shall conduct public hearings prior to filing
its report.
At the public hearings, the Board shall allow interested
persons to present their views and comments. The Board may
prescribe reasonable rules for the conduct of public
hearings, to prevent undue repetition. The meetings of the
Board are subject to the Open Meetings Act.
The Board shall file an initial report with the House of
Representatives, the Senate, the Comptroller and the
Secretary of State. Subsequent reports shall be filed
therewith before May 1 in each even-numbered year thereafter
stating the annual salary for members of the General
Assembly, the elected State constitutional officers and
certain appointed State officers and compensated employees
and members of certain State departments, agencies, boards
and commissions whose terms begin in the next calendar year;
the annual salary for State's attorneys; and the annual
salary for the Auditor General and for Supreme Court,
Appellate Court, Circuit Court and Associate judges. If the
report increases the annual salary of judges, State's
attorneys, and the Auditor General, such increase shall take
effect as soon as the time period for disapproval or
reduction, as provided in subsection (b) of Section 5, has
expired.
The salaries in the report or as reduced by the General
Assembly, other than for judges, State's attorneys, and the
Auditor General, shall take effect as provided by law.
(Source: P.A. 83-1177.)
Section 10. The Counties Code is amended by changing
Sections 4-2001 and 4-3001 as follows:
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
(Text of Section before amendment by P.A. 89-507)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's
attorneys in this State, except the state's attorney of Cook
County, the following annual salary:
(1) To each state's attorney in counties containing
less than 10,000 inhabitants, $40,500 until December 31,
1988, $45,500 until June 30, 1994, and $55,500 thereafter
or as set by the Compensation Review Board, whichever is
greater.
(2) To each state's attorney in counties containing
10,000 or more inhabitants but less than 20,000
inhabitants, $46,500 until December 31, 1988, $61,500
until June 30, 1994, and $71,500 thereafter or as set by
the Compensation Review Board, whichever is greater.
(3) To each state's attorney in counties containing
20,000 or more but less than 30,000 inhabitants, $51,000
until December 31, 1988, $65,000 until June 30, 1994, and
$75,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(4) To each state's states's attorney in counties
of 30,000 or more inhabitants, $65,500 until December 31,
1988, $80,000 until June 30, 1994, and $96,837 thereafter
or as set by the Compensation Review Board, whichever is
greater.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31,
1988 provided by Public Act 85-1451 and this amendatory Act
of 1994.
Said amounts furnished by the State shall be payable
monthly from the state treasury to the county in which each
state's attorney is elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31,
1988.
(b) Except in counties containing fewer than 10,000
inhabitants and except as provided in this paragraph, no
state's attorney may engage in the private practice of law.
However, in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants which
reached such population between 1970 and December 31, 1981,
the state's attorney may declare his intention to engage in
the private practice of law by filing a written declaration
of intent to engage in the private practice of law with the
county clerk. The declaration of intention shall be
irrevocable during the remainder of the term of office. The
declaration shall be filed with the county clerk within 30
days of certification of election or appointment, or within
60 days of March 15, 1989, whichever is later. In that event
the annual salary of such state's attorney shall be as
follows:
(1) In counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $51,500 until June 30, 1994, and
$61,500 thereafter or as set by the Compensation Review
Board, whichever is greater. The State shall furnish
100% of the increases taking effect after December 31,
1988.
(2) In counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, and in
counties containing 30,000 or more inhabitants which
reached said population between 1970 and December 31,
1981, $51,500 until December 31, 1988, $56,000 until June
30, 1994, and $65,000 thereafter or as set by the
Compensation Review Board, whichever is greater. The
State shall furnish 100% of the increases taking effect
after December 31, 1988.
(c) In counties where a state mental health institution,
as hereinafter defined, is located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury to the county in which he is appointed,
the following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of
$2,500 per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more
than 1,000,000 inhabitants, the sum of $6,000 per annum.
(d) The population of all counties for the purpose of
fixing salaries as herein provided shall be based upon the
last Federal census immediately previous to the appointment
of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in
counties where one or more state correctional institutions,
as hereinafter defined, are located, one or more assistant
state's attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution, payable monthly from the state
treasury to the county in which they are appointed, the
following:
(1) $22,000 for each assistant state's attorney in
counties with one or more State correctional institutions
with a total average daily inmate population in excess of
2,000, on the basis of 2 assistant state's attorneys when
the total average daily inmate population exceeds 2,000
but is less than 4,000; and 3 assistant state's attorneys
when such population exceeds 4,000; with reimbursement to
be based on actual services rendered.
(2) $15,000 per year for one assistant state's
attorney in counties having one or more correctional
institutions with a total average daily inmate population
of between 750 and 2,000 inmates, with reimbursement to
be based on actual services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750
inmates, with reimbursement to be based on actual
services rendered.
Upon application of the county governing authority
and certification of the State's Attorney, the Director
of Corrections may, in his discretion and subject to
appropriation, increase the amount of salary
reimbursement to a county in the event special
circumstances require the county to incur extraordinary
salary expenditures as a result of services performed in
connection with State correctional institutions in that
county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among
other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to
employ additional attorney personnel as a direct result
of the services actually rendered in connection with a
particular service to a State correctional institution.
(f) In counties where a State senior institution of
higher education is located, the assistant state's attorneys
specified by this Section shall receive for their services,
payable monthly from the State treasury to the county in
which appointed, the following:
(1) $14,000 per year each for employment on a full
time basis for 2 assistant state's attorneys in counties
having a State university or State universities with
combined full time enrollment of more than 15,000
students.
(2) $7,200 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of 10,000 to 15,000
students.
(3) $4,000 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of less than 10,000
students.
Such salaries shall be paid to the state's attorney and
the assistant state's attorney in equal monthly installments
by such county out of the county treasury provided that the
State of Illinois shall reimburse each county monthly from
the state treasury the amount of such salary. This Section
shall not prevent the payment of such additional compensation
to the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
(g) For purposes of this Section, "State mental health
institution" means any institution under the jurisdiction of
the Department of Mental Health and Developmental
Disabilities listed in Section 4 of "An Act codifying the
powers and duties of the Department of Mental Health and
Developmental Disabilities", approved August 2, 1961, as now
or hereafter amended.
For purposes of this Section, "State correctional
institution" means any facility of the Department of
Corrections including adult facilities, juvenile facilities,
pre-release centers, community correction centers, and work
camps.
For purposes of this Section, "State university" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the several colleges
and universities under the governance of the Board of
Governors of State Colleges and Universities, the several
Regency Universities under the jurisdiction of the Board of
Regents, and any public community college which has
established a program of interinstitutional cooperation with
one of the foregoing institutions whereby a student, after
earning an associate degree from the community college,
pursues a course of study at the community college campus
leading to a baccalaureate degree from the foregoing
institution (also known as a "2 Plus 2" degree program).
(Source: P.A. 88-594, eff. 8-26-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's
attorneys in this State, except the state's attorney of Cook
County, the following annual salary:
(1) To each state's attorney in counties containing
less than 10,000 inhabitants, $40,500 until December 31,
1988, $45,500 until June 30, 1994, and $55,500 thereafter
or as set by the Compensation Review Board, whichever is
greater.
(2) To each state's attorney in counties containing
10,000 or more inhabitants but less than 20,000
inhabitants, $46,500 until December 31, 1988, $61,500
until June 30, 1994, and $71,500 thereafter or as set by
the Compensation Review Board, whichever is greater.
(3) To each state's attorney in counties containing
20,000 or more but less than 30,000 inhabitants, $51,000
until December 31, 1988, $65,000 until June 30, 1994, and
$75,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(4) To each state's states's attorney in counties
of 30,000 or more inhabitants, $65,500 until December 31,
1988, $80,000 until June 30, 1994, and $96,837 thereafter
or as set by the Compensation Review Board, whichever is
greater.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31,
1988 provided by Public Act 85-1451 and this amendatory Act
of 1994.
Said amounts furnished by the State shall be payable
monthly from the state treasury to the county in which each
state's attorney is elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31,
1988.
(b) Except in counties containing fewer than 10,000
inhabitants and except as provided in this paragraph, no
state's attorney may engage in the private practice of law.
However, in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants which
reached such population between 1970 and December 31, 1981,
the state's attorney may declare his intention to engage in
the private practice of law by filing a written declaration
of intent to engage in the private practice of law with the
county clerk. The declaration of intention shall be
irrevocable during the remainder of the term of office. The
declaration shall be filed with the county clerk within 30
days of certification of election or appointment, or within
60 days of March 15, 1989, whichever is later. In that event
the annual salary of such state's attorney shall be as
follows:
(1) In counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $51,500 until June 30, 1994, and
$61,500 thereafter or as set by the Compensation Review
Board, whichever is greater. The State shall furnish
100% of the increases taking effect after December 31,
1988.
(2) In counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, and in
counties containing 30,000 or more inhabitants which
reached said population between 1970 and December 31,
1981, $51,500 until December 31, 1988, $56,000 until June
30, 1994, and $65,000 thereafter or as set by the
Compensation Review Board, whichever is greater. The
State shall furnish 100% of the increases taking effect
after December 31, 1988.
(c) In counties where a state mental health institution,
as hereinafter defined, is located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury to the county in which he is appointed,
the following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of
$2,500 per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more
than 1,000,000 inhabitants, the sum of $6,000 per annum.
(d) The population of all counties for the purpose of
fixing salaries as herein provided shall be based upon the
last Federal census immediately previous to the appointment
of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in
counties where one or more state correctional institutions,
as hereinafter defined, are located, one or more assistant
state's attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution, payable monthly from the state
treasury to the county in which they are appointed, the
following:
(1) $22,000 for each assistant state's attorney in
counties with one or more State correctional institutions
with a total average daily inmate population in excess of
2,000, on the basis of 2 assistant state's attorneys when
the total average daily inmate population exceeds 2,000
but is less than 4,000; and 3 assistant state's attorneys
when such population exceeds 4,000; with reimbursement to
be based on actual services rendered.
(2) $15,000 per year for one assistant state's
attorney in counties having one or more correctional
institutions with a total average daily inmate population
of between 750 and 2,000 inmates, with reimbursement to
be based on actual services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750
inmates, with reimbursement to be based on actual
services rendered.
Upon application of the county governing authority
and certification of the State's Attorney, the Director
of Corrections may, in his discretion and subject to
appropriation, increase the amount of salary
reimbursement to a county in the event special
circumstances require the county to incur extraordinary
salary expenditures as a result of services performed in
connection with State correctional institutions in that
county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among
other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to
employ additional attorney personnel as a direct result
of the services actually rendered in connection with a
particular service to a State correctional institution.
(f) In counties where a State senior institution of
higher education is located, the assistant state's attorneys
specified by this Section shall receive for their services,
payable monthly from the State treasury to the county in
which appointed, the following:
(1) $14,000 per year each for employment on a full
time basis for 2 assistant state's attorneys in counties
having a State university or State universities with
combined full time enrollment of more than 15,000
students.
(2) $7,200 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of 10,000 to 15,000
students.
(3) $4,000 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of less than 10,000
students.
Such salaries shall be paid to the state's attorney and
the assistant state's attorney in equal monthly installments
by such county out of the county treasury provided that the
State of Illinois shall reimburse each county monthly from
the state treasury the amount of such salary. This Section
shall not prevent the payment of such additional compensation
to the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
(g) For purposes of this Section, "State mental health
institution" means any institution under the jurisdiction of
the Department of Human Services that is listed in Section 4
of the Mental Health and Developmental Disabilities
Administrative Act.
For purposes of this Section, "State correctional
institution" means any facility of the Department of
Corrections including adult facilities, juvenile facilities,
pre-release centers, community correction centers, and work
camps.
For purposes of this Section, "State university" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the several colleges
and universities under the governance of the Board of
Governors of State Colleges and Universities, the several
Regency Universities under the jurisdiction of the Board of
Regents, and any public community college which has
established a program of interinstitutional cooperation with
one of the foregoing institutions whereby a student, after
earning an associate degree from the community college,
pursues a course of study at the community college campus
leading to a baccalaureate degree from the foregoing
institution (also known as a "2 Plus 2" degree program).
(Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97;
revised 2-7-97.)
(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney. The State's Attorney of
Cook County shall be paid an annual salary of $75,000 until
December 31, 1988, $90,000 until November 30, 1990, $100,000
until June 30, 1994, and $112,124 thereafter or as set by the
Compensation Review Board, whichever is greater.
Such sums shall be in full payment for all services
rendered by him. The State shall furnish from the State
treasury 66 2/3% of such salary in effect on December 31,
1988, 100% of the increases in salary taking effect after
December 31, 1988, provided by Public Acts 85-1451 and
86-1486, and 100% of the increase in salary provided by this
amendatory Act of 1994 and Cook County shall furnish 33 1/3%
of such salary in effect on December 31, 1988. The State's
Attorney of Cook County may not engage in the private
practice of law.
(Source: P.A. 88-594, eff. 8-26-94.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.