Public Act 096-0259
Public Act 0259 96TH GENERAL ASSEMBLY
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Public Act 096-0259
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| HB1202 Enrolled |
LRB096 08952 RLJ 19090 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Counties Code is amended by changing Section | 4-2001 as follows:
| (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
| Sec. 4-2001. State's attorney salaries.
| (a) There shall be allowed to the several state's attorneys | in this State,
except the state's attorney of Cook County, the | following annual salary:
| (1) Subject to paragraph (5), to each state's attorney | in counties
containing less than 10,000 inhabitants, | $40,500 until December 31, 1988,
$45,500 until June 30, | 1994, and $55,500 thereafter or as set by the
Compensation | Review Board, whichever is greater.
| (2) Subject to paragraph (5), to each state's attorney | in counties
containing 10,000 or more inhabitants but less | than 20,000 inhabitants,
$46,500 until December 31, 1988, | $61,500 until June 30, 1994, and $71,500
thereafter or as | set by the Compensation Review Board, whichever is greater.
| (3) Subject to paragraph (5),
to each state's attorney | in counties containing 20,000 or more
but less than 30,000 | inhabitants, $51,000 until December 31, 1988,
$65,000 |
| until June 30, 1994, and $75,000
thereafter or as set by | the Compensation Review Board, whichever is
greater.
| (4) To each state's attorney in counties of 30,000 or
| more inhabitants, $65,500 until December 31, 1988, $80,000 | until June 30,
1994, and $96,837 thereafter or as set by | the Compensation Review Board,
whichever is greater.
| (5) Effective December 1,
2000, to each state's | attorney in counties containing fewer than
30,000 | inhabitants, the same salary plus any cost of living | adjustments
as authorized by the Compensation Review Board | to take effect after
January 1, 1999, for state's attorneys | in counties containing 20,000
or more but fewer than 30,000 | inhabitants, or as set by the Compensation
Review Board | whichever is greater.
| The State shall furnish 66 2/3% of the total annual | compensation
to be paid to each state's attorney in Illinois | based on the salary in
effect on December 31, 1988, and 100%
of | the increases in salary taking effect after December 31, 1988.
| Said amounts furnished by the State shall be payable | monthly
from the state treasury to the county in which each | state's attorney is
elected.
| Each county shall be required to furnish 33 1/3% of the
| total annual compensation to be paid to each state's attorney | in Illinois
based on the salary in effect on December 31, 1988. | Within 90 days after the effective date of this amendatory | Act of the 96th General Assembly, the county board of any |
| county with a population between 15,000 and 50,000 by | resolution or ordinance may increase the amount of compensation | to be paid to each eligible state's attorney in their county in | the form of a longevity stipend which shall be added to and | become part of the salary of the state's attorney for that | year. To be eligible, the state's attorney must have served in | the elected position for at least 20 continuous years and elect | to participate in a program for an alternative annuity for | county officers and make the required additional optional | contributions as authorized by P.A. 90-32.
| (b) Effective December 1, 2000, no state's attorney may | engage in
the private practice of law. However, until November | 30, 2000,
(i) the state's attorneys in counties containing | fewer than 10,000 inhabitants
may engage in the practice of | law, and (ii) in any county between 10,000 and
30,000 | inhabitants or in any county containing 30,000 or more | inhabitants which
reached that population between 1970 and | December 31, 1981, the state's
attorney may declare his or her | intention to engage in the private practice of
law, and may do | so through no later than November 30, 2000, by filing a written
| declaration of intent to engage in the private practice of law | with the county
clerk. The declaration of intention shall be | irrevocable during the remainder
of the term of office. The | declaration shall be filed with the county clerk
within 30 days | of certification of election or appointment, or within 60 days
| of March 15, 1989, whichever is later. In that event the annual |
| salary of such
state's attorney shall be as follows:
| (1) In counties containing 10,000 or more inhabitants | but less than
20,000 inhabitants, $46,500 until December | 31, 1988, $51,500
until June 30, 1994, and $61,500 | thereafter or as set by the Compensation
Review Board, | whichever is greater.
The State shall furnish 100% of the | increases taking
effect after December 31, 1988.
| (2) In counties containing 20,000 or more inhabitants | but less than
30,000 inhabitants, and in counties | containing 30,000 or more inhabitants
which reached said | population between 1970 and December 31, 1981, $51,500
| until December 31, 1988, $56,000 until June 30, 1994, and | $65,000
thereafter or as set by the Compensation Review | Board, whichever is
greater. The State shall furnish 100% | of the
increases taking effect after December 31, 1988.
| (c) In counties where a state mental health institution, as | hereinafter
defined, is located, one assistant state's | attorney shall receive for his
services, payable monthly from | the state treasury to the county in which he
is appointed, the | following:
| (1) To each assistant state's attorney in counties | containing less than
10,000 inhabitants, the sum of $2,500 | per annum;
| (2) To each assistant state's attorney in counties | containing not less
than 10,000 inhabitants and not more | than 20,000 inhabitants, the sum of
$3,500 per annum;
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| (3) To each assistant state's attorney in counties | containing not less
than 20,000 inhabitants and not more | than 30,000 inhabitants, the sum of
$4,000 per annum;
| (4) To each assistant state's attorney in counties | containing not less
than 30,000 inhabitants and not more | than 40,000 inhabitants, the sum of
$4,500 per annum;
| (5) To each assistant state's attorney in counties | containing not less
than 40,000 inhabitants and not more | than 70,000 inhabitants, the sum of
$5,000 per annum;
| (6) To each assistant state's attorney in counties | containing not less
than 70,000 inhabitants and not more | than 1,000,000 inhabitants, the sum
of $6,000 per annum.
| (d) The population of all counties for the purpose of | fixing salaries as
herein provided shall be based upon the last | Federal census immediately
previous to the appointment of an | assistant state's attorney in each county.
| (e) At the request of the county governing authority, in | counties where
one or more state correctional institutions, as | hereinafter defined, are
located, one or more assistant state's | attorneys shall receive for their
services, provided that such | services are performed in connection with the
state | correctional institution, payable monthly from the state | treasury to
the county in which they are appointed, the | following:
| (1) $22,000 for each assistant state's attorney in | counties with one
or more State correctional institutions |
| with a total average daily inmate
population in excess of | 2,000, on the basis of 2 assistant state's
attorneys when | the total average daily inmate population exceeds 2,000
but | is less than 4,000; and 3 assistant state's attorneys when | such
population exceeds 4,000; with reimbursement to be | based on actual services
rendered.
| (2) $15,000 per year for one assistant state's attorney | in counties
having one or more correctional institutions | with a total average daily
inmate population of between 750 | and 2,000 inmates, with reimbursement to
be based on actual | services rendered.
| (3) A maximum of $12,000 per year for one assistant | state's attorney
in counties having less than 750 inmates, | with reimbursement to be based on
actual services rendered.
| Upon application of the county governing authority and | certification of
the State's Attorney, the Director of | Corrections may, in his discretion
and subject to | appropriation, increase the amount of salary reimbursement
| to a county in the event special circumstances require the | county to incur
extraordinary salary expenditures as a | result of services performed in
connection with State | correctional institutions in that county.
| In determining whether or not to increase the amount of | salary
reimbursement, the Director shall consider, among other | matters:
| (1) the nature of the services rendered;
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| (2) the results or dispositions obtained;
| (3) whether or not the county was required to employ | additional attorney
personnel as a direct result of the | services actually rendered in
connection with a particular | service to a State correctional institution.
| (f) In counties where a State senior institution of higher | education is
located, the assistant state's attorneys | specified by this Section shall
receive for their services, | payable monthly from the State treasury to
the county in which | appointed, the following:
| (1) $14,000 per year each for employment on a full time | basis for 2
assistant state's attorneys in counties having | a State university or
State universities with combined full | time enrollment of more than
15,000 students.
| (2) $7,200 per year for one assistant state's attorney | with no
limitation on other practice in counties having a | State university or
State universities with combined full | time enrollment of 10,000 to
15,000 students.
| (3) $4,000 per year for one assistant state's attorney | with no
limitation on other practice in counties having a | State university or
State universities with combined full | time enrollment of less than
10,000 students.
| Such salaries shall be paid to the state's attorney and the | assistant
state's attorney in equal monthly installments by | such county out of the
county treasury provided that the State | of Illinois shall reimburse each
county monthly from the state |
| treasury the amount of such salary. This
Section shall not | prevent the payment of such additional compensation to
the | state's attorney or assistant state's attorney of any county, | out of
the treasury of that county as may be provided by law.
| (g) For purposes of this Section, "State mental health | institution" means
any institution under the jurisdiction of | the Department of Human Services
that is listed in Section 4 of | the Mental Health and
Developmental Disabilities | Administrative Act.
| For purposes of this Section, "State correctional | institution" means
any facility of the Department of | Corrections including adult facilities,
juvenile facilities, | pre-release centers, community correction centers, and
work | camps.
| For purposes of this Section, "State university" means the | University
of Illinois, Southern Illinois University,
Chicago | State University, Eastern Illinois University, Governors State
| University, Illinois State University, Northeastern Illinois | University,
Northern Illinois University, Western Illinois | University, and any public
community college
which has | established a program of interinstitutional cooperation with | one
of the foregoing institutions whereby a student, after | earning an associate
degree from the community college, pursues | a course of study at the
community college campus leading to a | baccalaureate degree from the
foregoing institution (also | known as a "2 Plus 2" degree program).
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| (h) A number of assistant state's attorneys shall be | appointed in each
county that chooses to participate, as | provided in this subsection,
for the prosecution of | alcohol-related traffic offenses. Each county shall
receive | monthly a subsidy for payment of the salaries and
benefits of | these
assistant state's attorneys from State funds | appropriated to the county for
that purpose. The amounts of | subsidies provided by this subsection shall be
adjusted for | inflation each July 1 using the Consumer Price Index of the | Bureau
of Labor Statistics of the U.S. Department of Labor.
| When a county chooses to participate in the subsidy program | described in this
subsection (h), the number of assistant | state's attorneys who are prosecuting
alcohol-related traffic | offenses must increase according to the subsidy
provided in | this subsection. These appointed assistant state's attorneys | shall
be in addition to any other assistant state's attorneys | assigned to those cases
on the effective date of this | amendatory Act of the 91st General Assembly, and
may not | replace those assistant state's attorneys. In counties where | the
state's attorney is the sole prosecutor, this subsidy shall | be used to provide
an assistant state's attorney to prosecute | alcohol-related traffic offenses
along with the state's | attorney. In counties where the state's attorney is the
sole | prosecutor, and in counties where a judge presides over cases | involving a
variety of misdemeanors, including alcohol-related | traffic matters, assistant
state's attorneys appointed and |
| subsidized by this subsection (h) may also
prosecute the | different misdemeanor cases at the direction of the state's
| attorney.
| Assistant state's attorneys shall be appointed under this | subsection in the
following number and counties shall receive | the following annual subsidies:
| (1) In counties with fewer than 30,000 inhabitants, one | at $35,000.
| (2) In counties with 30,000 or more but fewer than | 100,000
inhabitants, one at $45,000.
| (3) In counties with 100,000 or more but fewer than | 300,000 inhabitants,
2 at $45,000 each.
| (4) In counties, other than Cook County, with 300,000 | or more inhabitants,
4 at $50,000 each.
| The amounts appropriated under this Section must be | segregated by
population
classification and disbursed monthly.
| If in any year the amount appropriated for the purposes of | this subsection
(h) is insufficient to pay all of the subsidies | specified in this subsection,
the amount appropriated shall | first be prorated by the population
classifications of this | subsection (h) and then among the counties choosing
to
| participate
within each of those classifications. If any of the | appropriated moneys for
each population classification remain | at the end of a fiscal year,
the remainder of the moneys may be | allocated to participating counties that
were not fully funded | during the course of the year. Nothing in
this subsection |
| prohibits 2 or more State's attorneys from combining their
| subsidies to appoint a joint assistant State's attorney to
| prosecute alcohol-related traffic offenses in multiple | counties. Nothing in
this subsection prohibits a State's | attorney from appointing an
assistant State's attorney by | contract or otherwise.
| (Source: P.A. 91-273, eff. 1-1-00;
91-440, eff. 8-6-99; 91-704, | eff. 7-1-00; 92-309, eff. 8-9-01.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/11/2009
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