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90_SB1506ham002
LRB9008746RCksam03
1 AMENDMENT TO SENATE BILL 1506
2 AMENDMENT NO. . Amend Senate Bill 1506, on page 1,
3 by replacing line 1 with the following:
4 "AN ACT in relation to governmental matters, amending
5 named Acts."; and
6 on page 1, by inserting between lines 3 and 4 the following:
7 "Section 2. The Counties Code is amended by changing
8 Section 4-2001 as follows:
9 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
10 Sec. 4-2001. State's attorney salaries.
11 (a) There shall be allowed to the several state's
12 attorneys in this State, except the state's attorney of Cook
13 County, the following annual salary:
14 (1) To each state's attorney in counties containing
15 less than 10,000 inhabitants, $40,500 until December 31,
16 1988, $45,500 until June 30, 1994, and $55,500 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.
19 (2) To each state's attorney in counties containing
20 10,000 or more inhabitants but less than 20,000
21 inhabitants, $46,500 until December 31, 1988, $61,500
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1 until June 30, 1994, and $71,500 thereafter or as set by
2 the Compensation Review Board, whichever is greater.
3 (3) To each state's attorney in counties containing
4 20,000 or more but less than 30,000 inhabitants, $51,000
5 until December 31, 1988, $65,000 until June 30, 1994, and
6 $75,000 thereafter or as set by the Compensation Review
7 Board, whichever is greater.
8 (4) To each state's attorney in counties of 30,000
9 or more inhabitants, $65,500 until December 31, 1988,
10 $80,000 until June 30, 1994, and $96,837 thereafter or as
11 set by the Compensation Review Board, whichever is
12 greater.
13 The State shall furnish 66 2/3% of the total annual
14 compensation to be paid to each state's attorney in Illinois
15 based on the salary in effect on December 31, 1988, and 100%
16 of the increases in salary taking effect after December 31,
17 1988.
18 Said amounts furnished by the State shall be payable
19 monthly from the state treasury to the county in which each
20 state's attorney is elected.
21 Each county shall be required to furnish 33 1/3% of the
22 total annual compensation to be paid to each state's attorney
23 in Illinois based on the salary in effect on December 31,
24 1988.
25 (b) Except in counties containing fewer than 10,000
26 inhabitants and except as provided in this paragraph, no
27 state's attorney may engage in the private practice of law.
28 However, in any county between 10,000 and 30,000 inhabitants
29 or in any county containing 30,000 or more inhabitants which
30 reached such population between 1970 and December 31, 1981,
31 the state's attorney may declare his or her intention to
32 engage in the private practice of law by filing a written
33 declaration of intent to engage in the private practice of
34 law with the county clerk. The declaration of intention
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1 shall be irrevocable during the remainder of the term of
2 office, except that during the period of time from the
3 effective date of this amendatory Act of 1998 until February
4 1, 1999, the declaration of intention may be revoked by the
5 state's attorney by the filing of a revocation of the
6 declaration of intention with the county clerk during this
7 time period. The declaration shall be filed with the county
8 clerk within 30 days of certification of election or
9 appointment, or within 60 days of March 15, 1989, whichever
10 is later. In that event the annual salary of such state's
11 attorney shall be as follows:
12 (1) In counties containing 10,000 or more
13 inhabitants but less than 20,000 inhabitants, $46,500
14 until December 31, 1988, $51,500 until June 30, 1994, and
15 $61,500 thereafter or as set by the Compensation Review
16 Board, whichever is greater. The State shall furnish
17 100% of the increases taking effect after December 31,
18 1988.
19 (2) In counties containing 20,000 or more
20 inhabitants but less than 30,000 inhabitants, and in
21 counties containing 30,000 or more inhabitants which
22 reached said population between 1970 and December 31,
23 1981, $51,500 until December 31, 1988, $56,000 until June
24 30, 1994, and $65,000 thereafter or as set by the
25 Compensation Review Board, whichever is greater. The
26 State shall furnish 100% of the increases taking effect
27 after December 31, 1988.
28 (c) In counties where a state mental health institution,
29 as hereinafter defined, is located, one assistant state's
30 attorney shall receive for his services, payable monthly from
31 the state treasury to the county in which he is appointed,
32 the following:
33 (1) To each assistant state's attorney in counties
34 containing less than 10,000 inhabitants, the sum of
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1 $2,500 per annum;
2 (2) To each assistant state's attorney in counties
3 containing not less than 10,000 inhabitants and not more
4 than 20,000 inhabitants, the sum of $3,500 per annum;
5 (3) To each assistant state's attorney in counties
6 containing not less than 20,000 inhabitants and not more
7 than 30,000 inhabitants, the sum of $4,000 per annum;
8 (4) To each assistant state's attorney in counties
9 containing not less than 30,000 inhabitants and not more
10 than 40,000 inhabitants, the sum of $4,500 per annum;
11 (5) To each assistant state's attorney in counties
12 containing not less than 40,000 inhabitants and not more
13 than 70,000 inhabitants, the sum of $5,000 per annum;
14 (6) To each assistant state's attorney in counties
15 containing not less than 70,000 inhabitants and not more
16 than 1,000,000 inhabitants, the sum of $6,000 per annum.
17 (d) The population of all counties for the purpose of
18 fixing salaries as herein provided shall be based upon the
19 last Federal census immediately previous to the appointment
20 of an assistant state's attorney in each county.
21 (e) At the request of the county governing authority, in
22 counties where one or more state correctional institutions,
23 as hereinafter defined, are located, one or more assistant
24 state's attorneys shall receive for their services, provided
25 that such services are performed in connection with the state
26 correctional institution, payable monthly from the state
27 treasury to the county in which they are appointed, the
28 following:
29 (1) $22,000 for each assistant state's attorney in
30 counties with one or more State correctional institutions
31 with a total average daily inmate population in excess of
32 2,000, on the basis of 2 assistant state's attorneys when
33 the total average daily inmate population exceeds 2,000
34 but is less than 4,000; and 3 assistant state's attorneys
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1 when such population exceeds 4,000; with reimbursement to
2 be based on actual services rendered.
3 (2) $15,000 per year for one assistant state's
4 attorney in counties having one or more correctional
5 institutions with a total average daily inmate population
6 of between 750 and 2,000 inmates, with reimbursement to
7 be based on actual services rendered.
8 (3) A maximum of $12,000 per year for one assistant
9 state's attorney in counties having less than 750
10 inmates, with reimbursement to be based on actual
11 services rendered.
12 Upon application of the county governing authority
13 and certification of the State's Attorney, the Director
14 of Corrections may, in his discretion and subject to
15 appropriation, increase the amount of salary
16 reimbursement to a county in the event special
17 circumstances require the county to incur extraordinary
18 salary expenditures as a result of services performed in
19 connection with State correctional institutions in that
20 county.
21 In determining whether or not to increase the amount of
22 salary reimbursement, the Director shall consider, among
23 other matters:
24 (1) the nature of the services rendered;
25 (2) the results or dispositions obtained;
26 (3) whether or not the county was required to
27 employ additional attorney personnel as a direct result
28 of the services actually rendered in connection with a
29 particular service to a State correctional institution.
30 (f) In counties where a State senior institution of
31 higher education is located, the assistant state's attorneys
32 specified by this Section shall receive for their services,
33 payable monthly from the State treasury to the county in
34 which appointed, the following:
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1 (1) $14,000 per year each for employment on a full
2 time basis for 2 assistant state's attorneys in counties
3 having a State university or State universities with
4 combined full time enrollment of more than 15,000
5 students.
6 (2) $7,200 per year for one assistant state's
7 attorney with no limitation on other practice in counties
8 having a State university or State universities with
9 combined full time enrollment of 10,000 to 15,000
10 students.
11 (3) $4,000 per year for one assistant state's
12 attorney with no limitation on other practice in counties
13 having a State university or State universities with
14 combined full time enrollment of less than 10,000
15 students.
16 Such salaries shall be paid to the state's attorney and
17 the assistant state's attorney in equal monthly installments
18 by such county out of the county treasury provided that the
19 State of Illinois shall reimburse each county monthly from
20 the state treasury the amount of such salary. This Section
21 shall not prevent the payment of such additional compensation
22 to the state's attorney or assistant state's attorney of any
23 county, out of the treasury of that county as may be provided
24 by law.
25 (g) For purposes of this Section, "State mental health
26 institution" means any institution under the jurisdiction of
27 the Department of Human Services that is listed in Section 4
28 of the Mental Health and Developmental Disabilities
29 Administrative Act.
30 For purposes of this Section, "State correctional
31 institution" means any facility of the Department of
32 Corrections including adult facilities, juvenile facilities,
33 pre-release centers, community correction centers, and work
34 camps.
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1 For purposes of this Section, "State university" means
2 the University of Illinois, Southern Illinois University,
3 Chicago State University, Eastern Illinois University,
4 Governors State University, Illinois State University,
5 Northeastern Illinois University, Northern Illinois
6 University, Western Illinois University, and any public
7 community college which has established a program of
8 interinstitutional cooperation with one of the foregoing
9 institutions whereby a student, after earning an associate
10 degree from the community college, pursues a course of study
11 at the community college campus leading to a baccalaureate
12 degree from the foregoing institution (also known as a "2
13 Plus 2" degree program).
14 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
15 90-375, eff. 8-14-97.)".
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