State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

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
                            -2-            LRB9008746RCksam03
 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
                            -3-            LRB9008746RCksam03
 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
                            -4-            LRB9008746RCksam03
 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
                            -5-            LRB9008746RCksam03
 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:
                            -6-            LRB9008746RCksam03
 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.
                            -7-            LRB9008746RCksam03
 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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