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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 -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.)".