Public Act 096-0259
 		





HB1202 Enrolled
LRB096 08952 RLJ 19090 b






    AN ACT concerning local government.

 
    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.
     Within 90 days after the effective date of this amendatory 
Act of the 96th General Assembly, the county board of any 
county with a population between 15,000 and 50,000 by 
resolution or ordinance may increase the amount of compensation 
to be paid to each eligible state's attorney in their county in 
the form of a longevity stipend which shall be added to and 
become part of the salary of the state's attorney for that 
year. To be eligible, the state's attorney must have served in 
the elected position for at least 20 continuous years and elect 
to participate in a program for an alternative annuity for 
county officers and make the required additional optional 
contributions as authorized by P.A. 90-32. 

    (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 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. 91-273, eff. 1-1-00;
91-440, eff. 8-6-99; 91-704, 
eff. 7-1-00; 92-309, eff. 8-9-01.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.