State of Illinois
91st General Assembly
Legislation

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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
 
                            -2-                LRB9104626DHmg
 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.

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