093_HB3384

 
                                     LRB093 03802 MKM 03837 b

 1        AN ACT in relation to counties.

 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
 
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 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 must 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
 
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 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 100%
11        of the increases taking effect after December 31, 1988.
12             (2)  In   counties   containing   20,000   or   more
13        inhabitants  but  less  than  30,000  inhabitants, and in
14        counties containing  30,000  or  more  inhabitants  which
15        reached  said  population  between  1970 and December 31,
16        1981, $51,500 until December 31, 1988, $56,000 until June
17        30, 1994,  and  $65,000  thereafter  or  as  set  by  the
18        Compensation  Review  Board,  whichever  is greater.  The
19        State shall furnish 100% of the increases  taking  effect
20        after December 31, 1988.
21        (c)  In counties where a state mental health institution,
22    as  hereinafter  defined,  is  located, one assistant state's
23    attorney shall receive for his services, payable monthly from
24    the state treasury to the county in which  he  is  appointed,
25    the following:
26             (1)  To  each assistant state's attorney in counties
27        containing less  than  10,000  inhabitants,  the  sum  of
28        $2,500 per annum;
29             (2)  To  each assistant state's attorney in counties
30        containing not less than 10,000 inhabitants and not  more
31        than 20,000 inhabitants, the sum of $3,500 per annum;
32             (3)  To  each assistant state's attorney in counties
33        containing not less than 20,000 inhabitants and not  more
34        than 30,000 inhabitants, the sum of $4,000 per annum;
 
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 1             (4)  To  each assistant state's attorney in counties
 2        containing not less than 30,000 inhabitants and not  more
 3        than 40,000 inhabitants, the sum of $4,500 per annum;
 4             (5)  To  each assistant state's attorney in counties
 5        containing not less than 40,000 inhabitants and not  more
 6        than 70,000 inhabitants, the sum of $5,000 per annum;
 7             (6)  To  each assistant state's attorney in counties
 8        containing not less than 70,000 inhabitants and not  more
 9        than 1,000,000 inhabitants, the sum of $6,000 per annum.
10        (d)  The  population  of  all counties for the purpose of
11    fixing salaries as herein provided shall be  based  upon  the
12    last  Federal  census immediately previous to the appointment
13    of an assistant state's attorney in each county.
14        (e)  At the request of the county governing authority, in
15    counties where one or more state  correctional  institutions,
16    as  hereinafter  defined,  are located, one or more assistant
17    state's attorneys shall receive for their services,  provided
18    that such services are performed in connection with the state
19    correctional  institution,  payable  monthly  from  the state
20    treasury to the county  in  which  they  are  appointed,  the
21    following:
22             (1)  $22,000  for each assistant state's attorney in
23        counties with one or more State correctional institutions
24        with a total average daily inmate population in excess of
25        2,000, on the basis of 2 assistant state's attorneys when
26        the total average daily inmate population  exceeds  2,000
27        but is less than 4,000; and 3 assistant state's attorneys
28        when such population exceeds 4,000; with reimbursement to
29        be based on actual services rendered.
30             (2)  $15,000  per  year  for  one  assistant state's
31        attorney in counties  having  one  or  more  correctional
32        institutions with a total average daily inmate population
33        of  between  750 and 2,000 inmates, with reimbursement to
34        be based on actual services rendered.
 
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 1             (3)  A maximum of $12,000 per year for one assistant
 2        state's  attorney  in  counties  having  less  than   750
 3        inmates,   with  reimbursement  to  be  based  on  actual
 4        services rendered.
 5             Upon application of the county  governing  authority
 6        and  certification  of the State's Attorney, the Director
 7        of Corrections may, in  his  discretion  and  subject  to
 8        appropriation,    increase    the    amount   of   salary
 9        reimbursement  to  a  county   in   the   event   special
10        circumstances  require  the county to incur extraordinary
11        salary expenditures as a result of services performed  in
12        connection  with  State correctional institutions in that
13        county.
14        In determining whether or not to increase the  amount  of
15    salary reimbursement, the Director must shall consider, among
16    other matters:
17             (1)  the nature of the services rendered;
18             (2)  the results or dispositions obtained;
19             (3)  whether  or  not  the  county  was  required to
20        employ additional attorney personnel as a  direct  result
21        of  the  services  actually rendered in connection with a
22        particular service to a State correctional institution.
23        (f)  In counties where  a  State  senior  institution  of
24    higher  education is located, the assistant state's attorneys
25    specified by this Section shall receive for  their  services,
26    payable  monthly  from  the  State  treasury to the county in
27    which appointed, the following:
28             (1)  $14,000 per year each for employment on a  full
29        time  basis for 2 assistant state's attorneys in counties
30        having a State  university  or  State  universities  with
31        combined   full  time  enrollment  of  more  than  15,000
32        students.
33             (2)  $7,200  per  year  for  one  assistant  state's
34        attorney with no limitation on other practice in counties
 
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 1        having a State  university  or  State  universities  with
 2        combined   full  time  enrollment  of  10,000  to  15,000
 3        students.
 4             (3)  $4,000  per  year  for  one  assistant  state's
 5        attorney with no limitation on other practice in counties
 6        having a State  university  or  State  universities  with
 7        combined   full  time  enrollment  of  less  than  10,000
 8        students.
 9        Such salaries shall be paid to the state's  attorney  and
10    the  assistant state's attorney in equal monthly installments
11    by such county out of the county treasury provided  that  the
12    State  of  Illinois  shall reimburse each county monthly from
13    the state treasury the amount of such salary.   This  Section
14    shall not prevent the payment of such additional compensation
15    to  the state's attorney or assistant state's attorney of any
16    county, out of the treasury of that county as may be provided
17    by law.
18        (g)  For purposes of this Section, "State  mental  health
19    institution"  means any institution under the jurisdiction of
20    the Department of Human Services that is listed in Section  4
21    of   the   Mental   Health   and  Developmental  Disabilities
22    Administrative Act.
23        For  purposes  of  this  Section,   "State   correctional
24    institution"   means   any  facility  of  the  Department  of
25    Corrections including adult facilities, juvenile  facilities,
26    pre-release  centers,  community correction centers, and work
27    camps.
28        For purposes of this Section,  "State  university"  means
29    the  University  of  Illinois,  Southern Illinois University,
30    Chicago  State  University,  Eastern   Illinois   University,
31    Governors   State   University,  Illinois  State  University,
32    Northeastern   Illinois   University,    Northern    Illinois
33    University,  Western  Illinois  University,  and  any  public
34    community   college   which  has  established  a  program  of
 
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 1    interinstitutional cooperation  with  one  of  the  foregoing
 2    institutions  whereby  a  student, after earning an associate
 3    degree from the community college, pursues a course of  study
 4    at  the  community  college campus leading to a baccalaureate
 5    degree from the foregoing institution (also  known  as  a  "2
 6    Plus 2" degree program).
 7        (h)  A  number  of  assistant  state's attorneys shall be
 8    appointed in each county  that  chooses  to  participate,  as
 9    provided   in   this   subsection,  for  the  prosecution  of
10    alcohol-related traffic offenses.  Each county shall  receive
11    monthly a subsidy for payment of the salaries and benefits of
12    these   assistant   state's   attorneys   from   State  funds
13    appropriated to the county for that purpose.  The amounts  of
14    subsidies  provided  by this subsection shall be adjusted for
15    inflation each July 1 using the Consumer Price Index  of  the
16    Bureau of Labor Statistics of the U.S. Department of Labor.
17        When  a  county  chooses  to  participate  in the subsidy
18    program described in  this  subsection  (h),  the  number  of
19    assistant    state's    attorneys    who    are   prosecuting
20    alcohol-related traffic offenses must increase  according  to
21    the  subsidy  provided  in  this subsection.  These appointed
22    assistant state's attorneys shall be in addition to any other
23    assistant state's attorneys assigned to those  cases  on  the
24    effective  date  of  this  amendatory Act of the 91st General
25    Assembly,  and  may  not  replace  those  assistant   state's
26    attorneys.   In  counties  where  the state's attorney is the
27    sole prosecutor, this subsidy shall be  used  to  provide  an
28    assistant   state's  attorney  to  prosecute  alcohol-related
29    traffic  offenses  along  with  the  state's  attorney.    In
30    counties  where  the state's attorney is the sole prosecutor,
31    and in counties where a judge presides over cases involving a
32    variety of misdemeanors,  including  alcohol-related  traffic
33    matters, assistant state's attorneys appointed and subsidized
34    by  this  subsection  (h)  may  also  prosecute the different
 
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 1    misdemeanor cases at the direction of the state's attorney.
 2        Assistant state's attorneys shall be appointed under this
 3    subsection in the following number and counties shall receive
 4    the following annual subsidies:
 5             (1)  In counties with fewer than 30,000 inhabitants,
 6        one at $35,000.
 7             (2)  In counties with 30,000 or more but fewer  than
 8        100,000 inhabitants, one at $45,000.
 9             (3)  In counties with 100,000 or more but fewer than
10        300,000 inhabitants, 2 at $45,000 each.
11             (4)  In  counties,  other  than  Cook  County,  with
12        300,000 or more inhabitants, 4 at $50,000 each.
13        The  amounts  appropriated  under  this  Section  must be
14    segregated  by  population   classification   and   disbursed
15    monthly.
16        If  in  any year the amount appropriated for the purposes
17    of this subsection (h) is insufficient  to  pay  all  of  the
18    subsidies   specified   in   this   subsection,   the  amount
19    appropriated  shall  first  be  prorated  by  the  population
20    classifications of this subsection (h)  and  then  among  the
21    counties   choosing  to  participate  within  each  of  those
22    classifications.  If any of the appropriated moneys for  each
23    population classification remain at the end of a fiscal year,
24    the remainder of the moneys may be allocated to participating
25    counties  that were not fully funded during the course of the
26    year.  Nothing in this subsection prohibits 2 or more State's
27    attorneys from combining their subsidies to appoint  a  joint
28    assistant   State's  attorney  to  prosecute  alcohol-related
29    traffic offenses  in  multiple  counties.   Nothing  in  this
30    subsection  prohibits  a  State's attorney from appointing an
31    assistant State's attorney by contract or otherwise.
32    (Source: P.A.  91-273,  eff.  1-1-00;  91-440,  eff.  8-6-99;
33    91-704, eff. 7-1-00; 92-309, eff. 8-9-01.)