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Public Act 91-0440
HB1966 Enrolled LRB9104626DHmg
AN ACT in relation to State's Attorney's salaries.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 4-2001 as follows:
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
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) Subject to paragraph (5), 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) Subject to paragraph (5), 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) Subject to paragraph (5), 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 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.
(5) Effective December 1, 2000, to each state's
attorney in counties containing fewer than 30,000
inhabitants, the same salary plus any cost of living
adjustments as authorized by the Compensation Review
Board to take effect after January 1, 1999, for state's
attorneys in counties containing 20,000 or more but fewer
than 30,000 inhabitants, 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.
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) Effective December 1, 2000 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, until November 30,
2000, (i) the state's attorneys in counties containing fewer
than 10,000 inhabitants may engage in the practice of law,
and (ii) in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants which
reached that such population between 1970 and December 31,
1981, the state's attorney may declare his or her intention
to engage in the private practice of law, and may do so
through no later than November 30, 2000, 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, 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. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-375, eff. 8-14-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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