State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ]


92_SB0677

 
                                               LRB9204975MWks

 1        AN ACT concerning county officers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 4-2001 as follows:

 6        (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
 7        Sec. 4-2001.  State's attorney salaries.
 8        (a)  There  shall  be  allowed  to  the  several  state's
 9    attorneys  in this State, except the state's attorney of Cook
10    County, the following annual salary:
11             (1)  Subject  to  paragraph  (5),  to  each  state's
12        attorney  in  counties  containing   less   than   10,000
13        inhabitants,  $40,500  until  December  31, 1988, $45,500
14        until June 30, 1994, and $55,500 thereafter or as set  by
15        the Compensation Review Board, whichever is greater.
16             (2)  Subject  to  paragraph  (5),  to  each  state's
17        attorney   in   counties   containing   10,000   or  more
18        inhabitants but less  than  20,000  inhabitants,  $46,500
19        until December 31, 1988, $61,500 until June 30, 1994, and
20        $71,500  thereafter  or as set by the Compensation Review
21        Board, whichever is greater.
22             (3)  Subject  to  paragraph  (5),  to  each  state's
23        attorney in counties containing 20,000 or more  but  less
24        than 30,000 inhabitants, $51,000 until December 31, 1988,
25        $65,000 until June 30, 1994, and $75,000 thereafter or as
26        set  by  the  Compensation  Review  Board,  whichever  is
27        greater.
28             (4)  To  each state's attorney in counties of 30,000
29        or more inhabitants, $65,500  until  December  31,  1988,
30        $80,000 until June 30, 1994, and $96,837 thereafter or as
31        set  by  the  Compensation  Review  Board,  whichever  is
 
                            -2-                LRB9204975MWks
 1        greater.
 2             (5)  Effective  December  1,  2000,  to each state's
 3        attorney  in  counties  containing  fewer   than   30,000
 4        inhabitants,  the  same  salary  plus  any cost of living
 5        adjustments as  authorized  by  the  Compensation  Review
 6        Board  to  take effect after January 1, 1999, for state's
 7        attorneys in counties containing 20,000 or more but fewer
 8        than 30,000 inhabitants, or as set  by  the  Compensation
 9        Review Board whichever is greater.
10        The  State  shall  furnish  66 2/3%  of  the total annual
11    compensation to be paid to each state's attorney in  Illinois
12    based  on the salary in effect on December 31, 1988, and 100%
13    of the increases in salary taking effect after  December  31,
14    1988.
15        Said  amounts  furnished  by  the  State shall be payable
16    monthly from the state treasury to the county in  which  each
17    state's attorney is elected.
18        Each  county  shall be required to furnish 33 1/3% of the
19    total annual compensation to be paid to each state's attorney
20    in Illinois based on the salary in  effect  on  December  31,
21    1988.
22        (b)  Effective  December 1, 2000, no state's attorney may
23    engage in  the  private  practice  of  law.   However,  until
24    November  30,  2000,  (i)  the  state's attorneys in counties
25    containing fewer than 10,000 inhabitants may  engage  in  the
26    practice  of  law,  and (ii) in any county between 10,000 and
27    30,000 inhabitants or in any county containing 30,000 or more
28    inhabitants which reached that population  between  1970  and
29    December  31,  1981,  the state's attorney may declare his or
30    her intention to engage in the private practice of  law,  and
31    may  do so through no later than November 30, 2000, by filing
32    a written declaration of intent  to  engage  in  the  private
33    practice  of  law  with the county clerk.  The declaration of
34    intention shall be irrevocable during the  remainder  of  the
 
                            -3-                LRB9204975MWks
 1    term  of  office.   The  declaration  shall be filed with the
 2    county clerk within 30 days of certification of  election  or
 3    appointment,  or  within 60 days of March 15, 1989, whichever
 4    is later.  In that event the annual salary  of  such  state's
 5    attorney shall be as follows:
 6             (1)  In   counties   containing   10,000   or   more
 7        inhabitants  but  less  than  20,000 inhabitants, $46,500
 8        until December 31, 1988, $51,500 until June 30, 1994, and
 9        $61,500 thereafter or as set by the  Compensation  Review
10        Board,  whichever  is  greater.   The State shall furnish
11        100% of the increases taking effect  after  December  31,
12        1988.
13             (2)  In   counties   containing   20,000   or   more
14        inhabitants  but  less  than  30,000  inhabitants, and in
15        counties containing  30,000  or  more  inhabitants  which
16        reached  said  population  between  1970 and December 31,
17        1981, $51,500 until December 31, 1988, $56,000 until June
18        30, 1994,  and  $65,000  thereafter  or  as  set  by  the
19        Compensation  Review  Board,  whichever  is greater.  The
20        State shall furnish 100% of the increases  taking  effect
21        after December 31, 1988.
22        (c)  In counties where a state mental health institution,
23    as  hereinafter  defined,  is  located, one assistant state's
24    attorney shall receive for his services, payable monthly from
25    the state treasury to the county in which  he  is  appointed,
26    the following:
27             (1)  To  each assistant state's attorney in counties
28        containing less  than  10,000  inhabitants,  the  sum  of
29        $2,500 per annum;
30             (2)  To  each assistant state's attorney in counties
31        containing not less than 10,000 inhabitants and not  more
32        than 20,000 inhabitants, the sum of $3,500 per annum;
33             (3)  To  each assistant state's attorney in counties
34        containing not less than 20,000 inhabitants and not  more
 
                            -4-                LRB9204975MWks
 1        than 30,000 inhabitants, the sum of $4,000 per annum;
 2             (4)  To  each assistant state's attorney in counties
 3        containing not less than 30,000 inhabitants and not  more
 4        than 40,000 inhabitants, the sum of $4,500 per annum;
 5             (5)  To  each assistant state's attorney in counties
 6        containing not less than 40,000 inhabitants and not  more
 7        than 70,000 inhabitants, the sum of $5,000 per annum;
 8             (6)  To  each assistant state's attorney in counties
 9        containing not less than 70,000 inhabitants and not  more
10        than 1,000,000 inhabitants, the sum of $6,000 per annum.
11        (d)  The  population  of  all counties for the purpose of
12    fixing salaries as herein provided shall be  based  upon  the
13    last  Federal  census immediately previous to the appointment
14    of an assistant state's attorney in each county.
15        (e)  At the request of the county governing authority, in
16    counties where one or more state  correctional  institutions,
17    as  hereinafter  defined,  are located, one or more assistant
18    state's attorneys shall receive for their services,  provided
19    that such services are performed in connection with the state
20    correctional  institution,  payable  monthly  from  the state
21    treasury to the county  in  which  they  are  appointed,  the
22    following:
23             (1)  $22,000  for each assistant state's attorney in
24        counties with one or more State correctional institutions
25        with a total average daily inmate population in excess of
26        2,000, on the basis of 2 assistant state's attorneys when
27        the total average daily inmate population  exceeds  2,000
28        but is less than 4,000; and 3 assistant state's attorneys
29        when such population exceeds 4,000; with reimbursement to
30        be based on actual services rendered.
31             (2)  $15,000  per  year  for  one  assistant state's
32        attorney in counties  having  one  or  more  correctional
33        institutions with a total average daily inmate population
34        of  between  750 and 2,000 inmates, with reimbursement to
 
                            -5-                LRB9204975MWks
 1        be based on actual services rendered.
 2             (3)  A maximum of $12,000 per year for one assistant
 3        state's  attorney  in  counties  having  less  than   750
 4        inmates,   with  reimbursement  to  be  based  on  actual
 5        services rendered.
 6             Upon application of the county  governing  authority
 7        and  certification  of the State's Attorney, the Director
 8        of Corrections may, in  his  discretion  and  subject  to
 9        appropriation,    increase    the    amount   of   salary
10        reimbursement  to  a  county   in   the   event   special
11        circumstances  require  the county to incur extraordinary
12        salary expenditures as a result of services performed  in
13        connection  with  State correctional institutions in that
14        county.
15        In determining whether or not to increase the  amount  of
16    salary  reimbursement,  the  Director  shall  consider, among
17    other matters:
18             (1)  the nature of the services rendered;
19             (2)  the results or dispositions obtained;
20             (3)  whether or  not  the  county  was  required  to
21        employ  additional  attorney personnel as a direct result
22        of the services actually rendered in  connection  with  a
23        particular service to a State correctional institution.
24        (f)  In  counties  where  a  State  senior institution of
25    higher education is located, the assistant state's  attorneys
26    specified  by  this Section shall receive for their services,
27    payable monthly from the State  treasury  to  the  county  in
28    which appointed, the following:
29             (1)  $14,000  per year each for employment on a full
30        time basis for 2 assistant state's attorneys in  counties
31        having  a  State  university  or  State universities with
32        combined  full  time  enrollment  of  more  than   15,000
33        students.
34             (2)  $7,200  per  year  for  one  assistant  state's
 
                            -6-                LRB9204975MWks
 1        attorney with no limitation on other practice in counties
 2        having  a  State  university  or  State universities with
 3        combined  full  time  enrollment  of  10,000  to   15,000
 4        students.
 5             (3)  $4,000  per  year  for  one  assistant  state's
 6        attorney with no limitation on other practice in counties
 7        having  a  State  university  or  State universities with
 8        combined  full  time  enrollment  of  less  than   10,000
 9        students.
10        Such  salaries  shall be paid to the state's attorney and
11    the assistant state's attorney in equal monthly  installments
12    by  such  county out of the county treasury provided that the
13    State of Illinois shall reimburse each  county  monthly  from
14    the  state  treasury the amount of such salary.  This Section
15    shall not prevent the payment of such additional compensation
16    to the state's attorney or assistant state's attorney of  any
17    county, out of the treasury of that county as may be provided
18    by law.
19        (g)  For  purposes  of this Section, "State mental health
20    institution" means any institution under the jurisdiction  of
21    the  Department of Human Services that is listed in Section 4
22    of  the  Mental   Health   and   Developmental   Disabilities
23    Administrative Act.
24        For   purposes   of  this  Section,  "State  correctional
25    institution"  means  any  facility  of  the   Department   of
26    Corrections  including adult facilities, juvenile facilities,
27    pre-release centers, community correction centers,  and  work
28    camps.
29        For  purposes  of  this Section, "State university" means
30    the University of  Illinois,  Southern  Illinois  University,
31    Chicago   State   University,  Eastern  Illinois  University,
32    Governors  State  University,  Illinois   State   University,
33    Northeastern    Illinois    University,   Northern   Illinois
34    University,  Western  Illinois  University,  and  any  public
 
                            -7-                LRB9204975MWks
 1    community  college  which  has  established  a   program   of
 2    interinstitutional  cooperation  with  one  of  the foregoing
 3    institutions whereby a student, after  earning  an  associate
 4    degree  from the community college, pursues a course of study
 5    at the community college campus leading  to  a  baccalaureate
 6    degree  from  the  foregoing  institution (also known as a "2
 7    Plus 2" degree program).
 8        (h)  A number of assistant  state's  attorneys  shall  be
 9    appointed  in  each  county  that  chooses to participate, as
10    provided  in  this  subsection,  for   the   prosecution   of
11    alcohol-related  traffic offenses.  Each county shall receive
12    monthly annually a subsidy for payment of  the  salaries  and
13    benefits  of  these  assistant  state's  attorneys from State
14    funds appropriated to  the  county  for  that  purpose.   The
15    amounts  of  subsidies  provided  by this subsection shall be
16    adjusted for inflation each July 1 using the  Consumer  Price
17    Index   of  the  Bureau  of  Labor  Statistics  of  the  U.S.
18    Department of Labor.
19        When a county  chooses  to  participate  in  the  subsidy
20    program  described  in  this  subsection  (h),  the number of
21    assistant   state's    attorneys    who    are    prosecuting
22    alcohol-related  traffic  offenses must increase according to
23    the subsidy provided in  this  subsection.   These  appointed
24    assistant state's attorneys shall be in addition to any other
25    assistant  state's  attorneys  assigned to those cases on the
26    effective date of this amendatory Act  of  the  91st  General
27    Assembly,   and  may  not  replace  those  assistant  state's
28    attorneys.  In counties where the  state's  attorney  is  the
29    sole  prosecutor,  this  subsidy  shall be used to provide an
30    assistant  state's  attorney  to  prosecute   alcohol-related
31    traffic   offenses  along  with  the  state's  attorney.   In
32    counties where the state's attorney is the  sole  prosecutor,
33    and in counties where a judge presides over cases involving a
34    variety  of  misdemeanors,  including alcohol-related traffic
 
                            -8-                LRB9204975MWks
 1    matters, assistant state's attorneys appointed and subsidized
 2    by this subsection  (h)  may  also  prosecute  the  different
 3    misdemeanor cases at the direction of the state's attorney.
 4        Assistant state's attorneys shall be appointed under this
 5    subsection in the following number and counties shall receive
 6    the following annual subsidies:
 7             (1)  In counties with fewer than 30,000 inhabitants,
 8        one at $35,000.
 9             (2)  In  counties with 30,000 or more but fewer than
10        100,000 inhabitants, one at $45,000.
11             (3)  In counties with 100,000 or more but fewer than
12        300,000 inhabitants, 2 at $45,000 each.
13             (4)  In  counties,  other  than  Cook  County,  with
14        300,000 or more inhabitants, 4 at $50,000 each.
15        The amounts  appropriated  under  this  Section  must  be
16    segregated   by   population   classification  and  disbursed
17    monthly.
18        If in any year the amount appropriated for  the  purposes
19    of  this  subsection  (h)  is  insufficient to pay all of the
20    subsidies  specified   in   this   subsection,   the   amount
21    appropriated  shall  first  be  prorated  by  the  population
22    classifications  of  this  subsection  (h) and then among the
23    counties  choosing  to  participate  within  each  of   those
24    classifications.   If any of the appropriated moneys for each
25    population classification remain at the end of a fiscal year,
26    the remainder of the moneys may be allocated to participating
27    counties that were not fully funded during the course of  the
28    year.  Nothing in this subsection prohibits 2 or more State's
29    attorneys  from  combining their subsidies to appoint a joint
30    assistant  State's  attorney  to  prosecute   alcohol-related
31    traffic  offenses  in  multiple  counties.   Nothing  in this
32    subsection prohibits a State's attorney  from  appointing  an
33    assistant State's attorney by contract or otherwise.
34    (Source:  P.A.  90-14,  eff.  7-1-97;  90-375,  eff. 8-14-97;
 
                            -9-                LRB9204975MWks
 1    91-273,  eff.  1-1-00;  91-440,  eff.  8-6-99;  91-704,  eff.
 2    7-1-00.)

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

[ Top ]