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91_HB1795
LRB9105239LDmb
1 AN ACT to amend the Counties Code by changing Section
2 4-2001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 4-2001 as follows:
7 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
8 Sec. 4-2001. State's attorney salaries.
9 (a) There shall be allowed to the several state's
10 attorneys in this State, except the state's attorney of Cook
11 County, the following annual salary:
12 (1) To each state's attorney in counties containing
13 less than 10,000 inhabitants, $40,500 until December 31,
14 1988, $45,500 until June 30, 1994, and $55,500 thereafter
15 or as set by the Compensation Review Board, whichever is
16 greater.
17 (2) To each state's attorney in counties containing
18 10,000 or more inhabitants but less than 20,000
19 inhabitants, $46,500 until December 31, 1988, $61,500
20 until June 30, 1994, and $71,500 thereafter or as set by
21 the Compensation Review Board, whichever is greater.
22 (3) To each state's attorney in counties containing
23 20,000 or more but less than 30,000 inhabitants, $51,000
24 until December 31, 1988, $65,000 until June 30, 1994, and
25 $75,000 thereafter or as set by the Compensation Review
26 Board, whichever is greater.
27 (4) To each State's Attorney in counties of 30,000
28 or more inhabitants, $65,500 until December 31, 1988,
29 $80,000 until June 30, 1994, and $96,837 thereafter or as
30 set by the Compensation Review Board, whichever is
31 greater.
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1 The State shall furnish 66 2/3% of the total annual
2 compensation to be paid to each state's attorney in Illinois
3 based on the salary in effect on December 31, 1988, and 100%
4 of the increases in salary taking effect after December 31,
5 1988.
6 Said amounts furnished by the State shall be payable
7 monthly from the state treasury to the county in which each
8 state's attorney is elected.
9 Each county shall be required to furnish 33 1/3% of the
10 total annual compensation to be paid to each state's attorney
11 in Illinois based on the salary in effect on December 31,
12 1988.
13 (b) Except in counties containing fewer than 10,000
14 inhabitants and except as provided in this paragraph, no
15 state's attorney may engage in the private practice of law.
16 However, in any county between 10,000 and 30,000 inhabitants
17 or in any county containing 30,000 or more inhabitants which
18 reached such population between 1970 and December 31, 1981,
19 the state's attorney may declare his intention to engage in
20 the private practice of law by filing a written declaration
21 of intent to engage in the private practice of law with the
22 county clerk. The declaration of intention shall be
23 irrevocable during the remainder of the term of office. The
24 declaration shall be filed with the county clerk within 30
25 days of certification of election or appointment, or within
26 60 days of March 15, 1989, whichever is later. In that event
27 the annual salary of such state's attorney shall be as
28 follows:
29 (1) In counties containing 10,000 or more
30 inhabitants but less than 20,000 inhabitants, $46,500
31 until December 31, 1988, $51,500 until June 30, 1994, and
32 $61,500 thereafter or as set by the Compensation Review
33 Board, whichever is greater. The State shall furnish
34 100% of the increases taking effect after December 31,
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1 1988.
2 (2) In counties containing 20,000 or more
3 inhabitants but less than 30,000 inhabitants, and in
4 counties containing 30,000 or more inhabitants which
5 reached said population between 1970 and December 31,
6 1981, $51,500 until December 31, 1988, $56,000 until June
7 30, 1994, and $65,000 thereafter or as set by the
8 Compensation Review Board, whichever is greater. The
9 State shall furnish 100% of the increases taking effect
10 after December 31, 1988.
11 (c) In counties where a state mental health institution,
12 as hereinafter defined, is located, one assistant state's
13 attorney shall receive for his services, payable monthly from
14 the state treasury to the county in which he is appointed,
15 the following:
16 (1) To each assistant state's attorney in counties
17 containing less than 10,000 inhabitants, the sum of
18 $2,500 per annum;
19 (2) To each assistant state's attorney in counties
20 containing not less than 10,000 inhabitants and not more
21 than 20,000 inhabitants, the sum of $3,500 per annum;
22 (3) To each assistant state's attorney in counties
23 containing not less than 20,000 inhabitants and not more
24 than 30,000 inhabitants, the sum of $4,000 per annum;
25 (4) To each assistant state's attorney in counties
26 containing not less than 30,000 inhabitants and not more
27 than 40,000 inhabitants, the sum of $4,500 per annum;
28 (5) To each assistant state's attorney in counties
29 containing not less than 40,000 inhabitants and not more
30 than 70,000 inhabitants, the sum of $5,000 per annum;
31 (6) To each assistant state's attorney in counties
32 containing not less than 70,000 inhabitants and not more
33 than 1,000,000 inhabitants, the sum of $6,000 per annum.
34 (d) The population of all counties for the purpose of
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1 fixing salaries as herein provided shall be based upon the
2 last Federal census immediately previous to the appointment
3 of an assistant state's attorney in each county.
4 (e) At the request of the county governing authority, in
5 counties where one or more state correctional institutions,
6 as hereinafter defined, are located, one or more assistant
7 state's attorneys shall receive for their services, provided
8 that such services are performed in connection with the state
9 correctional institution, payable monthly from the state
10 treasury to the county in which they are appointed, the
11 following:
12 (1) $22,000 for each assistant state's attorney in
13 counties with one or more State correctional institutions
14 with a total average daily inmate population in excess of
15 2,000, on the basis of 2 assistant state's attorneys when
16 the total average daily inmate population exceeds 2,000
17 but is less than 4,000; and 3 assistant state's attorneys
18 when such population exceeds 4,000; with reimbursement to
19 be based on actual services rendered.
20 (2) $15,000 per year for one assistant state's
21 attorney in counties having one or more correctional
22 institutions with a total average daily inmate population
23 of between 750 and 2,000 inmates, with reimbursement to
24 be based on actual services rendered.
25 (3) A maximum of $12,000 per year for one assistant
26 state's attorney in counties having less than 750
27 inmates, with reimbursement to be based on actual
28 services rendered.
29 Upon application of the county governing authority
30 and certification of the State's Attorney, the Director
31 of Corrections may, in his discretion and subject to
32 appropriation, increase the amount of salary
33 reimbursement to a county in the event special
34 circumstances require the county to incur extraordinary
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1 salary expenditures as a result of services performed in
2 connection with State correctional institutions in that
3 county.
4 In determining whether or not to increase the amount of
5 salary reimbursement, the Director shall consider, among
6 other matters:
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
10 employ additional attorney personnel as a direct result
11 of the services actually rendered in connection with a
12 particular service to a State correctional institution.
13 (f) In counties where a State senior institution of
14 higher education is located, the assistant state's attorneys
15 specified by this Section shall receive for their services,
16 payable monthly from the State treasury to the county in
17 which appointed, the following:
18 (1) $14,000 per year each for employment on a full
19 time basis for 2 assistant state's attorneys in counties
20 having a State university or State universities with
21 combined full time enrollment of more than 15,000
22 students.
23 (2) $7,200 per year for one assistant state's
24 attorney with no limitation on other practice in counties
25 having a State university or State universities with
26 combined full time enrollment of 10,000 to 15,000
27 students.
28 (3) $4,000 per year for one assistant state's
29 attorney with no limitation on other practice in counties
30 having a State university or State universities with
31 combined full time enrollment of less than 10,000
32 students.
33 Such salaries shall be paid to the state's attorney and
34 the assistant state's attorney in equal monthly installments
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1 by such county out of the county treasury provided that the
2 State of Illinois shall reimburse each county monthly from
3 the state treasury the amount of such salary. This Section
4 shall not prevent the payment of such additional compensation
5 to the state's attorney or assistant state's attorney of any
6 county, out of the treasury of that county as may be provided
7 by law.
8 (f-5) In counties where riverboat gambling is authorized
9 on a navigable stream from a home dock within the county and
10 in counties located in Illinois that have territory directly
11 opposite that home dock on the other bank of the navigable
12 stream, the partial salary of one assistant State's Attorney
13 shall be reimbursed to the county in the amount of $6,000 per
14 year payable in equal monthly installments from the State
15 treasury for services expended toward matters relating to
16 riverboat gambling without regard or limitation upon that
17 assistant performing other duties on behalf of the State's
18 Attorney for that county.
19 (g) For purposes of this Section, "State mental health
20 institution" means any institution under the jurisdiction of
21 the Department of Human Services that is listed in Section 4
22 of the Mental Health and Developmental Disabilities
23 Administrative Act.
24 For purposes of this Section, "State correctional
25 institution" means any facility of the Department of
26 Corrections including adult facilities, juvenile facilities,
27 pre-release centers, community correction centers, and work
28 camps.
29 For purposes of this Section, "State university" means
30 the University of Illinois, Southern Illinois University,
31 Chicago State University, Eastern Illinois University,
32 Governors State University, Illinois State University,
33 Northeastern Illinois University, Northern Illinois
34 University, Western Illinois University, and any public
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1 community college which has established a program of
2 interinstitutional cooperation with one of the foregoing
3 institutions whereby a student, after earning an associate
4 degree from the community college, pursues a course of study
5 at the community college campus leading to a baccalaureate
6 degree from the foregoing institution (also known as a "2
7 Plus 2" degree program).
8 For purposes of this Section, "riverboat gambling" has
9 the same meaning as in the Riverboat Gambling Act.
10 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
11 90-375, eff. 8-14-97.)