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90_HB0645
55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
Amends the Counties Code. Provides that in counties
where riverboat gambling is authorized from a home dock on a
navigable stream and in Illinois counties located on the
stream's bank directly opposite from that home dock, the
amount of $6,000 shall be reimbursed per year to the county
from the State Treasury for the services of an assistant
State's Attorney concerning riverboat gambling matters.
LRB9003305PTcw
LRB9003305PTcw
1 AN ACT to amend the Counties Code by changing Section
2 4-2001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 4-2001 as follows:
7 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4-2001. State's attorney salaries.
10 (a) There shall be allowed to the several state's
11 attorneys in this State, except the state's attorney of Cook
12 County, the following annual salary:
13 (1) To each state's attorney in counties containing
14 less than 10,000 inhabitants, $40,500 until December 31,
15 1988, $45,500 until June 30, 1994, and $55,500
16 thereafter.
17 (2) To each state's attorney in counties containing
18 10,000 or more inhabitants but less than 20,000
19 inhabitants, $46,500 until December 31, 1988, $61,500
20 until June 30, 1994, and $71,500 thereafter.
21 (3) To each state's attorney in counties containing
22 20,000 or more but less than 30,000 inhabitants, $51,000
23 until December 31, 1988, $65,000 until June 30, 1994, and
24 $75,000 thereafter.
25 (4) To each states's attorney in counties of 30,000
26 or more inhabitants, $65,500 until December 31, 1988,
27 $80,000 until June 30, 1994, and $96,837 thereafter.
28 The State shall furnish 66 2/3% of the total annual
29 compensation to be paid to each state's attorney in Illinois
30 based on the salary in effect on December 31, 1988, and 100%
31 of the increases in salary provided by Public Act 85-1451 and
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1 this amendatory Act of 1994.
2 Said amounts furnished by the State shall be payable
3 monthly from the state treasury to the county in which each
4 state's attorney is elected.
5 Each county shall be required to furnish 33 1/3% of the
6 total annual compensation to be paid to each state's attorney
7 in Illinois based on the salary in effect on December 31,
8 1988.
9 (b) Except in counties containing fewer than 10,000
10 inhabitants and except as provided in this paragraph, no
11 state's attorney may engage in the private practice of law.
12 However, in any county between 10,000 and 30,000 inhabitants
13 or in any county containing 30,000 or more inhabitants which
14 reached such population between 1970 and December 31, 1981,
15 the state's attorney may declare his intention to engage in
16 the private practice of law by filing a written declaration
17 of intent to engage in the private practice of law with the
18 county clerk. The declaration of intention shall be
19 irrevocable during the remainder of the term of office. The
20 declaration shall be filed with the county clerk within 30
21 days of certification of election or appointment, or within
22 60 days of March 15, 1989, whichever is later. In that event
23 the annual salary of such state's attorney shall be as
24 follows:
25 (1) In counties containing 10,000 or more
26 inhabitants but less than 20,000 inhabitants, $46,500
27 until December 31, 1988, $51,500 until June 30, 1994, and
28 $61,500 thereafter. The State shall furnish 100% of the
29 increases taking effect after December 31, 1988.
30 (2) In counties containing 20,000 or more
31 inhabitants but less than 30,000 inhabitants, and in
32 counties containing 30,000 or more inhabitants which
33 reached said population between 1970 and December 31,
34 1981, $51,500 until December 31, 1988, $56,000 until June
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1 30, 1994, and $65,000 thereafter. The State shall
2 furnish 100% of the increases taking effect after
3 December 31, 1988.
4 (c) In counties where a state mental health institution,
5 as hereinafter defined, is located, one assistant state's
6 attorney shall receive for his services, payable monthly from
7 the state treasury to the county in which he is appointed,
8 the following:
9 (1) To each assistant state's attorney in counties
10 containing less than 10,000 inhabitants, the sum of
11 $2,500 per annum;
12 (2) To each assistant state's attorney in counties
13 containing not less than 10,000 inhabitants and not more
14 than 20,000 inhabitants, the sum of $3,500 per annum;
15 (3) To each assistant state's attorney in counties
16 containing not less than 20,000 inhabitants and not more
17 than 30,000 inhabitants, the sum of $4,000 per annum;
18 (4) To each assistant state's attorney in counties
19 containing not less than 30,000 inhabitants and not more
20 than 40,000 inhabitants, the sum of $4,500 per annum;
21 (5) To each assistant state's attorney in counties
22 containing not less than 40,000 inhabitants and not more
23 than 70,000 inhabitants, the sum of $5,000 per annum;
24 (6) To each assistant state's attorney in counties
25 containing not less than 70,000 inhabitants and not more
26 than 1,000,000 inhabitants, the sum of $6,000 per annum.
27 (d) The population of all counties for the purpose of
28 fixing salaries as herein provided shall be based upon the
29 last Federal census immediately previous to the appointment
30 of an assistant state's attorney in each county.
31 (e) At the request of the county governing authority, in
32 counties where one or more state correctional institutions,
33 as hereinafter defined, are located, one or more assistant
34 state's attorneys shall receive for their services, provided
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1 that such services are performed in connection with the state
2 correctional institution, payable monthly from the state
3 treasury to the county in which they are appointed, the
4 following:
5 (1) $22,000 for each assistant state's attorney in
6 counties with one or more State correctional institutions
7 with a total average daily inmate population in excess of
8 2,000, on the basis of 2 assistant state's attorneys when
9 the total average daily inmate population exceeds 2,000
10 but is less than 4,000; and 3 assistant state's attorneys
11 when such population exceeds 4,000; with reimbursement to
12 be based on actual services rendered.
13 (2) $15,000 per year for one assistant state's
14 attorney in counties having one or more correctional
15 institutions with a total average daily inmate population
16 of between 750 and 2,000 inmates, with reimbursement to
17 be based on actual services rendered.
18 (3) A maximum of $12,000 per year for one assistant
19 state's attorney in counties having less than 750
20 inmates, with reimbursement to be based on actual
21 services rendered.
22 Upon application of the county governing authority
23 and certification of the state's attorney, the Director
24 of Corrections may, in his discretion and subject to
25 appropriation, increase the amount of salary
26 reimbursement to a county in the event special
27 circumstances require the county to incur extraordinary
28 salary expenditures as a result of services performed in
29 connection with State correctional institutions in that
30 county.
31 In determining whether or not to increase the amount of
32 salary reimbursement, the Director shall consider, among
33 other matters:
34 (1) the nature of the services rendered;
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1 (2) the results or dispositions obtained;
2 (3) whether or not the county was required to
3 employ additional attorney personnel as a direct result
4 of the services actually rendered in connection with a
5 particular service to a State correctional institution.
6 (f) In counties where a State senior institution of
7 higher education is located, the assistant state's attorneys
8 specified by this Section shall receive for their services,
9 payable monthly from the State treasury to the county in
10 which appointed, the following:
11 (1) $14,000 per year each for employment on a full
12 time basis for 2 assistant state's attorneys in counties
13 having a State university or State universities with
14 combined full time enrollment of more than 15,000
15 students.
16 (2) $7,200 per year for one assistant state's
17 attorney with no limitation on other practice in counties
18 having a State university or State universities with
19 combined full time enrollment of 10,000 to 15,000
20 students.
21 (3) $4,000 per year for one assistant state's
22 attorney with no limitation on other practice in counties
23 having a State university or State universities with
24 combined full time enrollment of less than 10,000
25 students.
26 Such salaries shall be paid to the state's attorney and
27 the assistant state's attorney in equal monthly installments
28 by such county out of the county treasury provided that the
29 State of Illinois shall reimburse each county monthly from
30 the state treasury the amount of such salary. This Section
31 shall not prevent the payment of such additional compensation
32 to the state's attorney or assistant state's attorney of any
33 county, out of the treasury of that county as may be provided
34 by law.
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1 (g) For purposes of this Section, "State mental health
2 institution" means any institution under the jurisdiction of
3 the Department of Mental Health and Developmental
4 Disabilities listed in Section 4 of "An Act codifying the
5 powers and duties of the Department of Mental Health and
6 Developmental Disabilities", approved August 2, 1961, as now
7 or hereafter amended.
8 For purposes of this Section, "State correctional
9 institution" means any facility of the Department of
10 Corrections including adult facilities, juvenile facilities,
11 pre-release centers, community correction centers, and work
12 camps.
13 For purposes of this Section, "State university" means
14 the University of Illinois, Southern Illinois University, the
15 several colleges and universities under the governance of the
16 Board of Governors of State Colleges and Universities, the
17 several Regency Universities under the jurisdiction of the
18 Board of Regents, and any public community college which has
19 established a program of interinstitutional cooperation with
20 one of the foregoing institutions whereby a student, after
21 earning an associate degree from the community college,
22 pursues a course of study at the community college campus
23 leading to a baccalaureate degree from the foregoing
24 institution (also known as a "2 Plus 2" degree program).
25 (Source: P.A. 88-594, eff. 8-26-94.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 4-2001. State's Attorney salaries.
28 (a) There shall be allowed to the several State's
29 Attorneys in this State, except the State's Attorney of Cook
30 County, the following annual salary:
31 (1) To each State's Attorney in counties containing
32 less than 10,000 inhabitants, $40,500 until December 31,
33 1988, $45,500 until June 30, 1994, and $55,500
34 thereafter.
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1 (2) To each State's Attorney in counties containing
2 10,000 or more inhabitants but less than 20,000
3 inhabitants, $46,500 until December 31, 1988, $61,500
4 until June 30, 1994, and $71,500 thereafter.
5 (3) To each State's Attorney in counties containing
6 20,000 or more but less than 30,000 inhabitants, $51,000
7 until December 31, 1988, $65,000 until June 30, 1994, and
8 $75,000 thereafter.
9 (4) To each State's States's Attorney in counties
10 of 30,000 or more inhabitants, $65,500 until December 31,
11 1988, $80,000 until June 30, 1994, and $96,837
12 thereafter.
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 provided by Public Act 85-1451 and
17 this amendatory Act of 1994.
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 intention to engage in
32 the private practice of law by filing a written declaration
33 of intent to engage in the private practice of law with the
34 county clerk. The declaration of intention shall be
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1 irrevocable during the remainder of the term of office. The
2 declaration shall be filed with the county clerk within 30
3 days of certification of election or appointment, or within
4 60 days of March 15, 1989, whichever is later. In that event
5 the annual salary of such State's Attorney shall be as
6 follows:
7 (1) In counties containing 10,000 or more
8 inhabitants but less than 20,000 inhabitants, $46,500
9 until December 31, 1988, $51,500 until June 30, 1994, and
10 $61,500 thereafter. The State shall furnish 100% of the
11 increases taking effect after December 31, 1988.
12 (2) In counties containing 20,000 or more
13 inhabitants but less than 30,000 inhabitants, and in
14 counties containing 30,000 or more inhabitants which
15 reached said population between 1970 and December 31,
16 1981, $51,500 until December 31, 1988, $56,000 until June
17 30, 1994, and $65,000 thereafter. The State shall
18 furnish 100% of the increases taking effect after
19 December 31, 1988.
20 (c) In counties where a State mental health institution,
21 as hereinafter defined, is located, one assistant State's
22 Attorney shall receive for his services, payable monthly from
23 the State treasury to the county in which he is appointed,
24 the following:
25 (1) To each assistant State's Attorney in counties
26 containing less than 10,000 inhabitants, the sum of
27 $2,500 per annum;
28 (2) To each assistant State's Attorney in counties
29 containing not less than 10,000 inhabitants and not more
30 than 20,000 inhabitants, the sum of $3,500 per annum;
31 (3) To each assistant State's Attorney in counties
32 containing not less than 20,000 inhabitants and not more
33 than 30,000 inhabitants, the sum of $4,000 per annum;
34 (4) To each assistant State's Attorney in counties
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1 containing not less than 30,000 inhabitants and not more
2 than 40,000 inhabitants, the sum of $4,500 per annum;
3 (5) To each assistant State's Attorney in counties
4 containing not less than 40,000 inhabitants and not more
5 than 70,000 inhabitants, the sum of $5,000 per annum;
6 (6) To each assistant State's Attorney in counties
7 containing not less than 70,000 inhabitants and not more
8 than 1,000,000 inhabitants, the sum of $6,000 per annum.
9 (d) The population of all counties for the purpose of
10 fixing salaries as herein provided shall be based upon the
11 last Federal census immediately previous to the appointment
12 of an assistant State's Attorney in each county.
13 (e) At the request of the county governing authority, in
14 counties where one or more State correctional institutions,
15 as hereinafter defined, are located, one or more assistant
16 State's Attorneys shall receive for their services, provided
17 that such services are performed in connection with the State
18 correctional institution, payable monthly from the State
19 treasury to the county in which they are appointed, the
20 following:
21 (1) $22,000 for each assistant State's Attorney in
22 counties with one or more State correctional institutions
23 with a total average daily inmate population in excess of
24 2,000, on the basis of 2 assistant State's Attorneys when
25 the total average daily inmate population exceeds 2,000
26 but is less than 4,000; and 3 assistant State's Attorneys
27 when such population exceeds 4,000; with reimbursement to
28 be based on actual services rendered.
29 (2) $15,000 per year for one assistant State's
30 Attorney in counties having one or more correctional
31 institutions with a total average daily inmate population
32 of between 750 and 2,000 inmates, with reimbursement to
33 be based on actual services rendered.
34 (3) A maximum of $12,000 per year for one assistant
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1 State's Attorney in counties having less than 750
2 inmates, with reimbursement to be based on actual
3 services rendered.
4 Upon application of the county governing authority
5 and certification of the State's Attorney, the Director
6 of Corrections may, in his discretion and subject to
7 appropriation, increase the amount of salary
8 reimbursement to a county in the event special
9 circumstances require the county to incur extraordinary
10 salary expenditures as a result of services performed in
11 connection with State correctional institutions in that
12 county.
13 In determining whether or not to increase the amount of
14 salary reimbursement, the Director shall consider, among
15 other matters:
16 (1) the nature of the services rendered;
17 (2) the results or dispositions obtained;
18 (3) whether or not the county was required to
19 employ additional attorney personnel as a direct result
20 of the services actually rendered in connection with a
21 particular service to a State correctional institution.
22 (f) In counties where a State senior institution of
23 higher education is located, the assistant State's Attorneys
24 specified by this Section shall receive for their services,
25 payable monthly from the State treasury to the county in
26 which appointed, the following:
27 (1) $14,000 per year each for employment on a full
28 time basis for 2 assistant State's Attorneys in counties
29 having a State university or State universities with
30 combined full time enrollment of more than 15,000
31 students.
32 (2) $7,200 per year for one assistant State's
33 Attorney with no limitation on other practice in counties
34 having a State university or State universities with
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1 combined full time enrollment of 10,000 to 15,000
2 students.
3 (3) $4,000 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 less than 10,000
7 students.
8 Such salaries shall be paid to the State's Attorney and
9 the assistant State's Attorney in equal monthly installments
10 by such county out of the county treasury provided that the
11 State of Illinois shall reimburse each county monthly from
12 the State Treasury the amount of such salary. This Section
13 shall not prevent the payment of such additional compensation
14 to the State's Attorney or assistant State's Attorney of any
15 county, out of the treasury of that county as may be provided
16 by law.
17 (f-5) In counties where riverboat gambling is authorized
18 on a navigable stream from a home dock within the county and
19 in counties located in Illinois that have territory directly
20 opposite that home dock on the other bank of the navigable
21 stream, the partial salary of one assistant State's Attorney
22 shall be reimbursed to the county in the amount of $6,000 per
23 year payable in equal monthly installments from the State
24 treasury for services expended toward matters relating to
25 riverboat gambling without regard or limitation upon that
26 assistant performing other duties on behalf of the State's
27 Attorney for that county.
28 (g) For purposes of this Section, "State mental health
29 institution" means any institution under the jurisdiction of
30 the Department of Human Services that is listed in Section 4
31 of the Mental Health and Developmental Disabilities
32 Administrative Act.
33 For purposes of this Section, "State correctional
34 institution" means any facility of the Department of
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1 Corrections including adult facilities, juvenile facilities,
2 pre-release centers, community correction centers, and work
3 camps.
4 For purposes of this Section, "State university" means
5 the University of Illinois, Southern Illinois University, the
6 several colleges and universities under the governance of the
7 Board of Governors of State Colleges and Universities, the
8 several Regency Universities under the jurisdiction of the
9 Board of Regents, and any public community college which has
10 established a program of interinstitutional cooperation with
11 one of the foregoing institutions whereby a student, after
12 earning an associate degree from the community college,
13 pursues a course of study at the community college campus
14 leading to a baccalaureate degree from the foregoing
15 institution (also known as a "2 Plus 2" degree program).
16 For purposes of this Section, "riverboat gambling" has
17 the same meaning as in the Riverboat Gambling Act.
18 (Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.