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92nd General Assembly

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Public Act 92-0309

SB677 Enrolled                                 LRB9204975MWks

    AN ACT concerning county officers.

    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, 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 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).
    (h)  A  number  of  assistant  state's attorneys shall be
appointed in each county  that  chooses  to  participate,  as
provided   in   this   subsection,  for  the  prosecution  of
alcohol-related traffic offenses.  Each county shall  receive
monthly  annually  a  subsidy for payment of the salaries and
benefits of these  assistant  state's  attorneys  from  State
funds  appropriated  to  the  county  for  that purpose.  The
amounts of subsidies provided by  this  subsection  shall  be
adjusted  for  inflation each July 1 using the Consumer Price
Index  of  the  Bureau  of  Labor  Statistics  of  the   U.S.
Department of Labor.
    When  a  county  chooses  to  participate  in the subsidy
program described in  this  subsection  (h),  the  number  of
assistant    state's    attorneys    who    are   prosecuting
alcohol-related traffic offenses must increase  according  to
the  subsidy  provided  in  this subsection.  These appointed
assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those  cases  on  the
effective  date  of  this  amendatory Act of the 91st General
Assembly,  and  may  not  replace  those  assistant   state's
attorneys.   In  counties  where  the state's attorney is the
sole prosecutor, this subsidy shall be  used  to  provide  an
assistant   state's  attorney  to  prosecute  alcohol-related
traffic  offenses  along  with  the  state's  attorney.    In
counties  where  the state's attorney is the sole prosecutor,
and in counties where a judge presides over cases involving a
variety of misdemeanors,  including  alcohol-related  traffic
matters, assistant state's attorneys appointed and subsidized
by  this  subsection  (h)  may  also  prosecute the different
misdemeanor cases at the direction of the state's attorney.
    Assistant state's attorneys shall be appointed under this
subsection in the following number and counties shall receive
the following annual subsidies:
         (1)  In counties with fewer than 30,000 inhabitants,
    one at $35,000.
         (2)  In counties with 30,000 or more but fewer  than
    100,000 inhabitants, one at $45,000.
         (3)  In counties with 100,000 or more but fewer than
    300,000 inhabitants, 2 at $45,000 each.
         (4)  In  counties,  other  than  Cook  County,  with
    300,000 or more inhabitants, 4 at $50,000 each.
    The  amounts  appropriated  under  this  Section  must be
segregated  by  population   classification   and   disbursed
monthly.
    If  in  any year the amount appropriated for the purposes
of this subsection (h) is insufficient  to  pay  all  of  the
subsidies   specified   in   this   subsection,   the  amount
appropriated  shall  first  be  prorated  by  the  population
classifications of this subsection (h)  and  then  among  the
counties   choosing  to  participate  within  each  of  those
classifications.  If any of the appropriated moneys for  each
population classification remain at the end of a fiscal year,
the remainder of the moneys may be allocated to participating
counties  that were not fully funded during the course of the
year.  Nothing in this subsection prohibits 2 or more State's
attorneys from combining their subsidies to appoint  a  joint
assistant   State's  attorney  to  prosecute  alcohol-related
traffic offenses  in  multiple  counties.   Nothing  in  this
subsection  prohibits  a  State's attorney from appointing an
assistant State's attorney by contract or otherwise.
(Source: P.A.  90-14,  eff.  7-1-97;  90-375,  eff.  8-14-97;
91-273,  eff.  1-1-00;  91-440,  eff.  8-6-99;  91-704,  eff.
7-1-00.)

    Section 99.  Effective date.   This Act takes effect upon
becoming law.
    Passed in the General Assembly May 16, 2001.
    Approved August 09, 2001.

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