[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] |
90_HB1123
25 ILCS 120/4 from Ch. 63, par. 904
55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
55 ILCS 5/4-3001 from Ch. 34, par. 4-3001
Amends the Compensation Review Act and the Counties Code
to provide that the Compensation Review Board shall set the
salary for State's attorneys. Effective immediately.
LRB9003811MWgc
LRB9003811MWgc
1 AN ACT in relation to compensation for State's attorneys.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Compensation Review Act is amended by
5 changing Section 4 as follows:
6 (25 ILCS 120/4) (from Ch. 63, par. 904)
7 Sec. 4. Meetings of the Board; determining compensation;
8 public hearings; reports. The Board shall meet as often as
9 may be necessary and shall determine, upon a vote requiring
10 at least 7 affirmative votes, the compensation for members of
11 the General Assembly, judges, other than the county
12 supplement, State's attorneys, other than the county
13 supplement, the elected constitutional officers of State
14 government, and certain appointed officers of State
15 government.
16 In determining the compensation for each office, the
17 Compensation Review Board shall consider the following
18 factors:
19 (a) the skill required,
20 (b) the time required,
21 (c) the opportunity for other earned income,
22 (d) the value of public services as performed in
23 comparable states,
24 (e) the value of such services as performed in the
25 private sector in Illinois and comparable states based on the
26 responsibility and discretion required in the office,
27 (f) the average consumer prices commonly known as the
28 cost of living,
29 (g) the overall compensation presently received by the
30 public officials and all other benefits received,
31 (h) the interests and welfare of the public and the
-2- LRB9003811MWgc
1 financial ability of the State to meet those costs, and
2 (i) such other factors, not confined to the foregoing,
3 which are normally or traditionally taken into consideration
4 in the determination of such compensation.
5 The Board shall conduct public hearings prior to filing
6 its report.
7 At the public hearings, the Board shall allow interested
8 persons to present their views and comments. The Board may
9 prescribe reasonable rules for the conduct of public
10 hearings, to prevent undue repetition. The meetings of the
11 Board are subject to the Open Meetings Act.
12 The Board shall file an initial report with the House of
13 Representatives, the Senate, the Comptroller and the
14 Secretary of State. Subsequent reports shall be filed
15 therewith before May 1 in each even-numbered year thereafter
16 stating the annual salary for members of the General
17 Assembly, the elected State constitutional officers and
18 certain appointed State officers and compensated employees
19 and members of certain State departments, agencies, boards
20 and commissions whose terms begin in the next calendar year;
21 the annual salary for State's attorneys; and the annual
22 salary for the Auditor General and for Supreme Court,
23 Appellate Court, Circuit Court and Associate judges. If the
24 report increases the annual salary of judges and the Auditor
25 General, such increase shall take effect as soon as the time
26 period for disapproval or reduction, as provided in
27 subsection (b) of Section 5, has expired.
28 The salaries in the report or as reduced by the General
29 Assembly, other than for judges and the Auditor General,
30 shall take effect as provided by law.
31 (Source: P.A. 83-1177.)
32 Section 10. The Counties Code is amended by changing
33 Sections 4-2001 and 4-3001 as follows:
-3- LRB9003811MWgc
1 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 4-2001. State's attorney salaries.
4 (a) There shall be allowed to the several state's
5 attorneys in this State, except the state's attorney of Cook
6 County, the following annual salary:
7 (1) To each state's attorney in counties containing
8 less than 10,000 inhabitants, $40,500 until December 31,
9 1988, $45,500 until June 30, 1994, and $55,500 thereafter
10 or as set by the Compensation Review Board, whichever is
11 greater.
12 (2) To each state's attorney in counties containing
13 10,000 or more inhabitants but less than 20,000
14 inhabitants, $46,500 until December 31, 1988, $61,500
15 until June 30, 1994, and $71,500 thereafter or as set by
16 the Compensation Review Board, whichever is greater.
17 (3) To each state's attorney in counties containing
18 20,000 or more but less than 30,000 inhabitants, $51,000
19 until December 31, 1988, $65,000 until June 30, 1994, and
20 $75,000 thereafter or as set by the Compensation Review
21 Board, whichever is greater.
22 (4) To each state's states's attorney in counties
23 of 30,000 or more inhabitants, $65,500 until December 31,
24 1988, $80,000 until June 30, 1994, and $96,837 thereafter
25 or as set by the Compensation Review Board, whichever is
26 greater.
27 The State shall furnish 66 2/3% of the total annual
28 compensation to be paid to each state's attorney in Illinois
29 based on the salary in effect on December 31, 1988, and 100%
30 of the increases in salary provided by Public Act 85-1451 and
31 this amendatory Act of 1994.
32 Said amounts furnished by the State shall be payable
33 monthly from the state treasury to the county in which each
34 state's attorney is elected.
-4- LRB9003811MWgc
1 Each county shall be required to furnish 33 1/3% of the
2 total annual compensation to be paid to each state's attorney
3 in Illinois based on the salary in effect on December 31,
4 1988.
5 (b) Except in counties containing fewer than 10,000
6 inhabitants and except as provided in this paragraph, no
7 state's attorney may engage in the private practice of law.
8 However, in any county between 10,000 and 30,000 inhabitants
9 or in any county containing 30,000 or more inhabitants which
10 reached such population between 1970 and December 31, 1981,
11 the state's attorney may declare his intention to engage in
12 the private practice of law by filing a written declaration
13 of intent to engage in the private practice of law with the
14 county clerk. The declaration of intention shall be
15 irrevocable during the remainder of the term of office. The
16 declaration shall be filed with the county clerk within 30
17 days of certification of election or appointment, or within
18 60 days of March 15, 1989, whichever is later. In that event
19 the annual salary of such state's attorney shall be as
20 follows:
21 (1) In counties containing 10,000 or more
22 inhabitants but less than 20,000 inhabitants, $46,500
23 until December 31, 1988, $51,500 until June 30, 1994, and
24 $61,500 thereafter or as set by the Compensation Review,
25 whichever is greater. The State shall furnish 100% of
26 the increases taking effect after December 31, 1988.
27 (2) In counties containing 20,000 or more
28 inhabitants but less than 30,000 inhabitants, and in
29 counties containing 30,000 or more inhabitants which
30 reached said population between 1970 and December 31,
31 1981, $51,500 until December 31, 1988, $56,000 until June
32 30, 1994, and $65,000 thereafter or as set by the
33 Compensation Review Board, whichever is greater. The
34 State shall furnish 100% of the increases taking effect
-5- LRB9003811MWgc
1 after December 31, 1988.
2 (c) In counties where a state mental health institution,
3 as hereinafter defined, is located, one assistant state's
4 attorney shall receive for his services, payable monthly from
5 the state treasury to the county in which he is appointed,
6 the following:
7 (1) To each assistant state's attorney in counties
8 containing less than 10,000 inhabitants, the sum of
9 $2,500 per annum;
10 (2) To each assistant state's attorney in counties
11 containing not less than 10,000 inhabitants and not more
12 than 20,000 inhabitants, the sum of $3,500 per annum;
13 (3) To each assistant state's attorney in counties
14 containing not less than 20,000 inhabitants and not more
15 than 30,000 inhabitants, the sum of $4,000 per annum;
16 (4) To each assistant state's attorney in counties
17 containing not less than 30,000 inhabitants and not more
18 than 40,000 inhabitants, the sum of $4,500 per annum;
19 (5) To each assistant state's attorney in counties
20 containing not less than 40,000 inhabitants and not more
21 than 70,000 inhabitants, the sum of $5,000 per annum;
22 (6) To each assistant state's attorney in counties
23 containing not less than 70,000 inhabitants and not more
24 than 1,000,000 inhabitants, the sum of $6,000 per annum.
25 (d) The population of all counties for the purpose of
26 fixing salaries as herein provided shall be based upon the
27 last Federal census immediately previous to the appointment
28 of an assistant state's attorney in each county.
29 (e) At the request of the county governing authority, in
30 counties where one or more state correctional institutions,
31 as hereinafter defined, are located, one or more assistant
32 state's attorneys shall receive for their services, provided
33 that such services are performed in connection with the state
34 correctional institution, payable monthly from the state
-6- LRB9003811MWgc
1 treasury to the county in which they are appointed, the
2 following:
3 (1) $22,000 for each assistant state's attorney in
4 counties with one or more State correctional institutions
5 with a total average daily inmate population in excess of
6 2,000, on the basis of 2 assistant state's attorneys when
7 the total average daily inmate population exceeds 2,000
8 but is less than 4,000; and 3 assistant state's attorneys
9 when such population exceeds 4,000; with reimbursement to
10 be based on actual services rendered.
11 (2) $15,000 per year for one assistant state's
12 attorney in counties having one or more correctional
13 institutions with a total average daily inmate population
14 of between 750 and 2,000 inmates, with reimbursement to
15 be based on actual services rendered.
16 (3) A maximum of $12,000 per year for one assistant
17 state's attorney in counties having less than 750
18 inmates, with reimbursement to be based on actual
19 services rendered.
20 Upon application of the county governing authority
21 and certification of the State's Attorney, the Director
22 of Corrections may, in his discretion and subject to
23 appropriation, increase the amount of salary
24 reimbursement to a county in the event special
25 circumstances require the county to incur extraordinary
26 salary expenditures as a result of services performed in
27 connection with State correctional institutions in that
28 county.
29 In determining whether or not to increase the amount of
30 salary reimbursement, the Director shall consider, among
31 other matters:
32 (1) the nature of the services rendered;
33 (2) the results or dispositions obtained;
34 (3) whether or not the county was required to
-7- LRB9003811MWgc
1 employ additional attorney personnel as a direct result
2 of the services actually rendered in connection with a
3 particular service to a State correctional institution.
4 (f) In counties where a State senior institution of
5 higher education is located, the assistant state's attorneys
6 specified by this Section shall receive for their services,
7 payable monthly from the State treasury to the county in
8 which appointed, the following:
9 (1) $14,000 per year each for employment on a full
10 time basis for 2 assistant state's attorneys in counties
11 having a State university or State universities with
12 combined full time enrollment of more than 15,000
13 students.
14 (2) $7,200 per year for one assistant state's
15 attorney with no limitation on other practice in counties
16 having a State university or State universities with
17 combined full time enrollment of 10,000 to 15,000
18 students.
19 (3) $4,000 per year for one assistant state's
20 attorney with no limitation on other practice in counties
21 having a State university or State universities with
22 combined full time enrollment of less than 10,000
23 students.
24 Such salaries shall be paid to the state's attorney and
25 the assistant state's attorney in equal monthly installments
26 by such county out of the county treasury provided that the
27 State of Illinois shall reimburse each county monthly from
28 the state treasury the amount of such salary. This Section
29 shall not prevent the payment of such additional compensation
30 to the state's attorney or assistant state's attorney of any
31 county, out of the treasury of that county as may be provided
32 by law.
33 (g) For purposes of this Section, "State mental health
34 institution" means any institution under the jurisdiction of
-8- LRB9003811MWgc
1 the Department of Mental Health and Developmental
2 Disabilities listed in Section 4 of "An Act codifying the
3 powers and duties of the Department of Mental Health and
4 Developmental Disabilities", approved August 2, 1961, as now
5 or hereafter amended.
6 For purposes of this Section, "State correctional
7 institution" means any facility of the Department of
8 Corrections including adult facilities, juvenile facilities,
9 pre-release centers, community correction centers, and work
10 camps.
11 For purposes of this Section, "State university" means
12 the University of Illinois, Southern Illinois University,
13 Chicago State University, Eastern Illinois University,
14 Governors State University, Illinois State University,
15 Northeastern Illinois University, Northern Illinois
16 University, Western Illinois University, the several colleges
17 and universities under the governance of the Board of
18 Governors of State Colleges and Universities, the several
19 Regency Universities under the jurisdiction of the Board of
20 Regents, and any public community college which has
21 established a program of interinstitutional cooperation with
22 one of the foregoing institutions whereby a student, after
23 earning an associate degree from the community college,
24 pursues a course of study at the community college campus
25 leading to a baccalaureate degree from the foregoing
26 institution (also known as a "2 Plus 2" degree program).
27 (Source: P.A. 88-594, eff. 8-26-94.)
28 (Text of Section after amendment by P.A. 89-507)
29 Sec. 4-2001. State's attorney salaries.
30 (a) There shall be allowed to the several state's
31 attorneys in this State, except the state's attorney of Cook
32 County, the following annual salary:
33 (1) To each state's attorney in counties containing
34 less than 10,000 inhabitants, $40,500 until December 31,
-9- LRB9003811MWgc
1 1988, $45,500 until June 30, 1994, and $55,500 thereafter
2 or as set by the Compensation Review Board, whichever is
3 greater.
4 (2) To each state's attorney in counties containing
5 10,000 or more inhabitants but less than 20,000
6 inhabitants, $46,500 until December 31, 1988, $61,500
7 until June 30, 1994, and $71,500 thereafter or as set by
8 the Compensation Review Board, whichever is greater.
9 (3) To each state's attorney in counties containing
10 20,000 or more but less than 30,000 inhabitants, $51,000
11 until December 31, 1988, $65,000 until June 30, 1994, and
12 $75,000 thereafter or as set by the Compensation Review
13 Board, whichever is greater.
14 (4) To each state's states's attorney in counties
15 of 30,000 or more inhabitants, $65,500 until December 31,
16 1988, $80,000 until June 30, 1994, and $96,837 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.
19 The State shall furnish 66 2/3% of the total annual
20 compensation to be paid to each state's attorney in Illinois
21 based on the salary in effect on December 31, 1988, and 100%
22 of the increases in salary provided by Public Act 85-1451 and
23 this amendatory Act of 1994.
24 Said amounts furnished by the State shall be payable
25 monthly from the state treasury to the county in which each
26 state's attorney is elected.
27 Each county shall be required to furnish 33 1/3% of the
28 total annual compensation to be paid to each state's attorney
29 in Illinois based on the salary in effect on December 31,
30 1988.
31 (b) Except in counties containing fewer than 10,000
32 inhabitants and except as provided in this paragraph, no
33 state's attorney may engage in the private practice of law.
34 However, in any county between 10,000 and 30,000 inhabitants
-10- LRB9003811MWgc
1 or in any county containing 30,000 or more inhabitants which
2 reached such population between 1970 and December 31, 1981,
3 the state's attorney may declare his intention to engage in
4 the private practice of law by filing a written declaration
5 of intent to engage in the private practice of law with the
6 county clerk. The declaration of intention shall be
7 irrevocable during the remainder of the term of office. The
8 declaration shall be filed with the county clerk within 30
9 days of certification of election or appointment, or within
10 60 days of March 15, 1989, whichever is later. In that event
11 the annual salary of such state's attorney shall be as
12 follows:
13 (1) In counties containing 10,000 or more
14 inhabitants but less than 20,000 inhabitants, $46,500
15 until December 31, 1988, $51,500 until June 30, 1994, and
16 $61,500 thereafter or as set by the Compensation Review,
17 whichever is greater. The State shall furnish 100% of
18 the increases taking effect after December 31, 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
-11- LRB9003811MWgc
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
-12- LRB9003811MWgc
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:
-13- LRB9003811MWgc
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.
-14- LRB9003811MWgc
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, the several colleges
7 and universities under the governance of the Board of
8 Governors of State Colleges and Universities, the several
9 Regency Universities under the jurisdiction of the Board of
10 Regents, and any public community college which has
11 established a program of interinstitutional cooperation with
12 one of the foregoing institutions whereby a student, after
13 earning an associate degree from the community college,
14 pursues a course of study at the community college campus
15 leading to a baccalaureate degree from the foregoing
16 institution (also known as a "2 Plus 2" degree program).
17 (Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97;
18 revised 2-7-97.)
19 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
20 Sec. 4-3001. State's attorney. The State's Attorney of
21 Cook County shall be paid an annual salary of $75,000 until
22 December 31, 1988, $90,000 until November 30, 1990, $100,000
23 until June 30, 1994, and $112,124 thereafter or as set by the
24 Compensation Review Board, whichever is greater.
25 Such sums shall be in full payment for all services
26 rendered by him. The State shall furnish from the State
27 treasury 66 2/3% of such salary in effect on December 31,
28 1988, 100% of the increases in salary provided by Public Acts
29 85-1451 and 86-1486, and 100% of the increase in salary
30 provided by this amendatory Act of 1994 and Cook County shall
31 furnish 33 1/3% of such salary in effect on December 31,
32 1988. The State's Attorney of Cook County may not engage in
33 the private practice of law.
-15- LRB9003811MWgc
1 (Source: P.A. 88-594, eff. 8-26-94.)
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.