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91_HB1966eng HB1966 Engrossed 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 HB1966 Engrossed -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, 2000Except in counties23containing fewer than 10,000 inhabitants and except as24provided 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 thatsuchpopulation 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 HB1966 Engrossed -3- LRB9104626DHmg 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 HB1966 Engrossed -4- LRB9104626DHmg 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 HB1966 Engrossed -5- LRB9104626DHmg 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 HB1966 Engrossed -6- LRB9104626DHmg 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, HB1966 Engrossed -7- LRB9104626DHmg 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.