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90_HB1123enr
25 ILCS 120/4 from Ch. 63, par. 904
55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
55 ILCS 5/4-3001 from Ch. 34, par. 4-3001
Amends the Compensation Review Act and the Counties Code
to provide that the Compensation Review Board shall set the
salary for State's attorneys. Effective immediately.
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1 AN ACT in relation to compensation for State's attorneys.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Compensation Review Act is amended by
5 changing Section 4 as follows:
6 (25 ILCS 120/4) (from Ch. 63, par. 904)
7 Sec. 4. Meetings of the Board; determining compensation;
8 public hearings; reports. The Board shall meet as often as
9 may be necessary and shall determine, upon a vote requiring
10 at least 7 affirmative votes, the compensation for members of
11 the General Assembly, judges, other than the county
12 supplement, State's attorneys, other than the county
13 supplement, the elected constitutional officers of State
14 government, and certain appointed officers of State
15 government.
16 In determining the compensation for each office, the
17 Compensation Review Board shall consider the following
18 factors:
19 (a) the skill required,
20 (b) the time required,
21 (c) the opportunity for other earned income,
22 (d) the value of public services as performed in
23 comparable states,
24 (e) the value of such services as performed in the
25 private sector in Illinois and comparable states based on the
26 responsibility and discretion required in the office,
27 (f) the average consumer prices commonly known as the
28 cost of living,
29 (g) the overall compensation presently received by the
30 public officials and all other benefits received,
31 (h) the interests and welfare of the public and the
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1 financial ability of the State to meet those costs, and
2 (i) such other factors, not confined to the foregoing,
3 which are normally or traditionally taken into consideration
4 in the determination of such compensation.
5 The Board shall conduct public hearings prior to filing
6 its report.
7 At the public hearings, the Board shall allow interested
8 persons to present their views and comments. The Board may
9 prescribe reasonable rules for the conduct of public
10 hearings, to prevent undue repetition. The meetings of the
11 Board are subject to the Open Meetings Act.
12 The Board shall file an initial report with the House of
13 Representatives, the Senate, the Comptroller and the
14 Secretary of State. Subsequent reports shall be filed
15 therewith before May 1 in each even-numbered year thereafter
16 stating the annual salary for members of the General
17 Assembly, the elected State constitutional officers and
18 certain appointed State officers and compensated employees
19 and members of certain State departments, agencies, boards
20 and commissions whose terms begin in the next calendar year;
21 the annual salary for State's attorneys; and the annual
22 salary for the Auditor General and for Supreme Court,
23 Appellate Court, Circuit Court and Associate judges. If the
24 report increases the annual salary of judges, State's
25 attorneys, and the Auditor General, such increase shall take
26 effect as soon as the time period for disapproval or
27 reduction, as provided in subsection (b) of Section 5, has
28 expired.
29 The salaries in the report or as reduced by the General
30 Assembly, other than for judges, State's attorneys, and the
31 Auditor General, shall take effect as provided by law.
32 (Source: P.A. 83-1177.)
33 Section 10. The Counties Code is amended by changing
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1 Sections 4-2001 and 4-3001 as follows:
2 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 4-2001. State's attorney salaries.
5 (a) There shall be allowed to the several state's
6 attorneys in this State, except the state's attorney of Cook
7 County, the following annual salary:
8 (1) To each state's attorney in counties containing
9 less than 10,000 inhabitants, $40,500 until December 31,
10 1988, $45,500 until June 30, 1994, and $55,500 thereafter
11 or as set by the Compensation Review Board, whichever is
12 greater.
13 (2) To each state's attorney in counties containing
14 10,000 or more inhabitants but less than 20,000
15 inhabitants, $46,500 until December 31, 1988, $61,500
16 until June 30, 1994, and $71,500 thereafter or as set by
17 the Compensation Review Board, whichever is greater.
18 (3) To each state's attorney in counties containing
19 20,000 or more but less than 30,000 inhabitants, $51,000
20 until December 31, 1988, $65,000 until June 30, 1994, and
21 $75,000 thereafter or as set by the Compensation Review
22 Board, whichever is greater.
23 (4) To each state's states's attorney in counties
24 of 30,000 or more inhabitants, $65,500 until December 31,
25 1988, $80,000 until June 30, 1994, and $96,837 thereafter
26 or as set by the Compensation Review Board, whichever is
27 greater.
28 The State shall furnish 66 2/3% of the total annual
29 compensation to be paid to each state's attorney in Illinois
30 based on the salary in effect on December 31, 1988, and 100%
31 of the increases in salary taking effect after December 31,
32 1988 provided by Public Act 85-1451 and this amendatory Act
33 of 1994.
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1 Said amounts furnished by the State shall be payable
2 monthly from the state treasury to the county in which each
3 state's attorney is elected.
4 Each county shall be required to furnish 33 1/3% of the
5 total annual compensation to be paid to each state's attorney
6 in Illinois based on the salary in effect on December 31,
7 1988.
8 (b) Except in counties containing fewer than 10,000
9 inhabitants and except as provided in this paragraph, no
10 state's attorney may engage in the private practice of law.
11 However, in any county between 10,000 and 30,000 inhabitants
12 or in any county containing 30,000 or more inhabitants which
13 reached such population between 1970 and December 31, 1981,
14 the state's attorney may declare his intention to engage in
15 the private practice of law by filing a written declaration
16 of intent to engage in the private practice of law with the
17 county clerk. The declaration of intention shall be
18 irrevocable during the remainder of the term of office. The
19 declaration shall be filed with the county clerk within 30
20 days of certification of election or appointment, or within
21 60 days of March 15, 1989, whichever is later. In that event
22 the annual salary of such state's attorney shall be as
23 follows:
24 (1) In counties containing 10,000 or more
25 inhabitants but less than 20,000 inhabitants, $46,500
26 until December 31, 1988, $51,500 until June 30, 1994, and
27 $61,500 thereafter or as set by the Compensation Review
28 Board, whichever is greater. The State shall furnish
29 100% of the increases taking effect after December 31,
30 1988.
31 (2) In counties containing 20,000 or more
32 inhabitants but less than 30,000 inhabitants, and in
33 counties containing 30,000 or more inhabitants which
34 reached said population between 1970 and December 31,
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1 1981, $51,500 until December 31, 1988, $56,000 until June
2 30, 1994, and $65,000 thereafter or as set by the
3 Compensation Review Board, whichever is greater. The
4 State shall furnish 100% of the increases taking effect
5 after December 31, 1988.
6 (c) In counties where a state mental health institution,
7 as hereinafter defined, is located, one assistant state's
8 attorney shall receive for his services, payable monthly from
9 the state treasury to the county in which he is appointed,
10 the following:
11 (1) To each assistant state's attorney in counties
12 containing less than 10,000 inhabitants, the sum of
13 $2,500 per annum;
14 (2) To each assistant state's attorney in counties
15 containing not less than 10,000 inhabitants and not more
16 than 20,000 inhabitants, the sum of $3,500 per annum;
17 (3) To each assistant state's attorney in counties
18 containing not less than 20,000 inhabitants and not more
19 than 30,000 inhabitants, the sum of $4,000 per annum;
20 (4) To each assistant state's attorney in counties
21 containing not less than 30,000 inhabitants and not more
22 than 40,000 inhabitants, the sum of $4,500 per annum;
23 (5) To each assistant state's attorney in counties
24 containing not less than 40,000 inhabitants and not more
25 than 70,000 inhabitants, the sum of $5,000 per annum;
26 (6) To each assistant state's attorney in counties
27 containing not less than 70,000 inhabitants and not more
28 than 1,000,000 inhabitants, the sum of $6,000 per annum.
29 (d) The population of all counties for the purpose of
30 fixing salaries as herein provided shall be based upon the
31 last Federal census immediately previous to the appointment
32 of an assistant state's attorney in each county.
33 (e) At the request of the county governing authority, in
34 counties where one or more state correctional institutions,
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1 as hereinafter defined, are located, one or more assistant
2 state's attorneys shall receive for their services, provided
3 that such services are performed in connection with the state
4 correctional institution, payable monthly from the state
5 treasury to the county in which they are appointed, the
6 following:
7 (1) $22,000 for each assistant state's attorney in
8 counties with one or more State correctional institutions
9 with a total average daily inmate population in excess of
10 2,000, on the basis of 2 assistant state's attorneys when
11 the total average daily inmate population exceeds 2,000
12 but is less than 4,000; and 3 assistant state's attorneys
13 when such population exceeds 4,000; with reimbursement to
14 be based on actual services rendered.
15 (2) $15,000 per year for one assistant state's
16 attorney in counties having one or more correctional
17 institutions with a total average daily inmate population
18 of between 750 and 2,000 inmates, with reimbursement to
19 be based on actual services rendered.
20 (3) A maximum of $12,000 per year for one assistant
21 state's attorney in counties having less than 750
22 inmates, with reimbursement to be based on actual
23 services rendered.
24 Upon application of the county governing authority
25 and certification of the State's Attorney, the Director
26 of Corrections may, in his discretion and subject to
27 appropriation, increase the amount of salary
28 reimbursement to a county in the event special
29 circumstances require the county to incur extraordinary
30 salary expenditures as a result of services performed in
31 connection with State correctional institutions in that
32 county.
33 In determining whether or not to increase the amount of
34 salary reimbursement, the Director shall consider, among
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1 other matters:
2 (1) the nature of the services rendered;
3 (2) the results or dispositions obtained;
4 (3) whether or not the county was required to
5 employ additional attorney personnel as a direct result
6 of the services actually rendered in connection with a
7 particular service to a State correctional institution.
8 (f) In counties where a State senior institution of
9 higher education is located, the assistant state's attorneys
10 specified by this Section shall receive for their services,
11 payable monthly from the State treasury to the county in
12 which appointed, the following:
13 (1) $14,000 per year each for employment on a full
14 time basis for 2 assistant state's attorneys in counties
15 having a State university or State universities with
16 combined full time enrollment of more than 15,000
17 students.
18 (2) $7,200 per year for one assistant state's
19 attorney with no limitation on other practice in counties
20 having a State university or State universities with
21 combined full time enrollment of 10,000 to 15,000
22 students.
23 (3) $4,000 per year for one assistant state's
24 attorney with no limitation on other practice in counties
25 having a State university or State universities with
26 combined full time enrollment of less than 10,000
27 students.
28 Such salaries shall be paid to the state's attorney and
29 the assistant state's attorney in equal monthly installments
30 by such county out of the county treasury provided that the
31 State of Illinois shall reimburse each county monthly from
32 the state treasury the amount of such salary. This Section
33 shall not prevent the payment of such additional compensation
34 to the state's attorney or assistant state's attorney of any
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1 county, out of the treasury of that county as may be provided
2 by law.
3 (g) For purposes of this Section, "State mental health
4 institution" means any institution under the jurisdiction of
5 the Department of Mental Health and Developmental
6 Disabilities listed in Section 4 of "An Act codifying the
7 powers and duties of the Department of Mental Health and
8 Developmental Disabilities", approved August 2, 1961, as now
9 or hereafter amended.
10 For purposes of this Section, "State correctional
11 institution" means any facility of the Department of
12 Corrections including adult facilities, juvenile facilities,
13 pre-release centers, community correction centers, and work
14 camps.
15 For purposes of this Section, "State university" means
16 the University of Illinois, Southern Illinois University,
17 Chicago State University, Eastern Illinois University,
18 Governors State University, Illinois State University,
19 Northeastern Illinois University, Northern Illinois
20 University, Western Illinois University, the several colleges
21 and universities under the governance of the Board of
22 Governors of State Colleges and Universities, the several
23 Regency Universities under the jurisdiction of the Board of
24 Regents, and any public community college which has
25 established a program of interinstitutional cooperation with
26 one of the foregoing institutions whereby a student, after
27 earning an associate degree from the community college,
28 pursues a course of study at the community college campus
29 leading to a baccalaureate degree from the foregoing
30 institution (also known as a "2 Plus 2" degree program).
31 (Source: P.A. 88-594, eff. 8-26-94.)
32 (Text of Section after amendment by P.A. 89-507)
33 Sec. 4-2001. State's attorney salaries.
34 (a) There shall be allowed to the several state's
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1 attorneys in this State, except the state's attorney of Cook
2 County, the following annual salary:
3 (1) To each state's attorney in counties containing
4 less than 10,000 inhabitants, $40,500 until December 31,
5 1988, $45,500 until June 30, 1994, and $55,500 thereafter
6 or as set by the Compensation Review Board, whichever is
7 greater.
8 (2) To each state's attorney in counties containing
9 10,000 or more inhabitants but less than 20,000
10 inhabitants, $46,500 until December 31, 1988, $61,500
11 until June 30, 1994, and $71,500 thereafter or as set by
12 the Compensation Review Board, whichever is greater.
13 (3) To each state's attorney in counties containing
14 20,000 or more but less than 30,000 inhabitants, $51,000
15 until December 31, 1988, $65,000 until June 30, 1994, and
16 $75,000 thereafter or as set by the Compensation Review
17 Board, whichever is greater.
18 (4) To each state's states's attorney in counties
19 of 30,000 or more inhabitants, $65,500 until December 31,
20 1988, $80,000 until June 30, 1994, and $96,837 thereafter
21 or as set by the Compensation Review Board, whichever is
22 greater.
23 The State shall furnish 66 2/3% of the total annual
24 compensation to be paid to each state's attorney in Illinois
25 based on the salary in effect on December 31, 1988, and 100%
26 of the increases in salary taking effect after December 31,
27 1988 provided by Public Act 85-1451 and this amendatory Act
28 of 1994.
29 Said amounts furnished by the State shall be payable
30 monthly from the state treasury to the county in which each
31 state's attorney is elected.
32 Each county shall be required to furnish 33 1/3% of the
33 total annual compensation to be paid to each state's attorney
34 in Illinois based on the salary in effect on December 31,
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1 1988.
2 (b) Except in counties containing fewer than 10,000
3 inhabitants and except as provided in this paragraph, no
4 state's attorney may engage in the private practice of law.
5 However, in any county between 10,000 and 30,000 inhabitants
6 or in any county containing 30,000 or more inhabitants which
7 reached such population between 1970 and December 31, 1981,
8 the state's attorney may declare his intention to engage in
9 the private practice of law by filing a written declaration
10 of intent to engage in the private practice of law with the
11 county clerk. The declaration of intention shall be
12 irrevocable during the remainder of the term of office. The
13 declaration shall be filed with the county clerk within 30
14 days of certification of election or appointment, or within
15 60 days of March 15, 1989, whichever is later. In that event
16 the annual salary of such state's attorney shall be as
17 follows:
18 (1) In counties containing 10,000 or more
19 inhabitants but less than 20,000 inhabitants, $46,500
20 until December 31, 1988, $51,500 until June 30, 1994, and
21 $61,500 thereafter or as set by the Compensation Review
22 Board, whichever is greater. The State shall furnish
23 100% of the increases taking effect after December 31,
24 1988.
25 (2) In counties containing 20,000 or more
26 inhabitants but less than 30,000 inhabitants, and in
27 counties containing 30,000 or more inhabitants which
28 reached said population between 1970 and December 31,
29 1981, $51,500 until December 31, 1988, $56,000 until June
30 30, 1994, and $65,000 thereafter or as set by the
31 Compensation Review Board, whichever is greater. The
32 State shall furnish 100% of the increases taking effect
33 after December 31, 1988.
34 (c) In counties where a state mental health institution,
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1 as hereinafter defined, is located, one assistant state's
2 attorney shall receive for his services, payable monthly from
3 the state treasury to the county in which he is appointed,
4 the following:
5 (1) To each assistant state's attorney in counties
6 containing less than 10,000 inhabitants, the sum of
7 $2,500 per annum;
8 (2) To each assistant state's attorney in counties
9 containing not less than 10,000 inhabitants and not more
10 than 20,000 inhabitants, the sum of $3,500 per annum;
11 (3) To each assistant state's attorney in counties
12 containing not less than 20,000 inhabitants and not more
13 than 30,000 inhabitants, the sum of $4,000 per annum;
14 (4) To each assistant state's attorney in counties
15 containing not less than 30,000 inhabitants and not more
16 than 40,000 inhabitants, the sum of $4,500 per annum;
17 (5) To each assistant state's attorney in counties
18 containing not less than 40,000 inhabitants and not more
19 than 70,000 inhabitants, the sum of $5,000 per annum;
20 (6) To each assistant state's attorney in counties
21 containing not less than 70,000 inhabitants and not more
22 than 1,000,000 inhabitants, the sum of $6,000 per annum.
23 (d) The population of all counties for the purpose of
24 fixing salaries as herein provided shall be based upon the
25 last Federal census immediately previous to the appointment
26 of an assistant state's attorney in each county.
27 (e) At the request of the county governing authority, in
28 counties where one or more state correctional institutions,
29 as hereinafter defined, are located, one or more assistant
30 state's attorneys shall receive for their services, provided
31 that such services are performed in connection with the state
32 correctional institution, payable monthly from the state
33 treasury to the county in which they are appointed, the
34 following:
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1 (1) $22,000 for each assistant state's attorney in
2 counties with one or more State correctional institutions
3 with a total average daily inmate population in excess of
4 2,000, on the basis of 2 assistant state's attorneys when
5 the total average daily inmate population exceeds 2,000
6 but is less than 4,000; and 3 assistant state's attorneys
7 when such population exceeds 4,000; with reimbursement to
8 be based on actual services rendered.
9 (2) $15,000 per year for one assistant state's
10 attorney in counties having one or more correctional
11 institutions with a total average daily inmate population
12 of between 750 and 2,000 inmates, with reimbursement to
13 be based on actual services rendered.
14 (3) A maximum of $12,000 per year for one assistant
15 state's attorney in counties having less than 750
16 inmates, with reimbursement to be based on actual
17 services rendered.
18 Upon application of the county governing authority
19 and certification of the State's Attorney, the Director
20 of Corrections may, in his discretion and subject to
21 appropriation, increase the amount of salary
22 reimbursement to a county in the event special
23 circumstances require the county to incur extraordinary
24 salary expenditures as a result of services performed in
25 connection with State correctional institutions in that
26 county.
27 In determining whether or not to increase the amount of
28 salary reimbursement, the Director shall consider, among
29 other matters:
30 (1) the nature of the services rendered;
31 (2) the results or dispositions obtained;
32 (3) whether or not the county was required to
33 employ additional attorney personnel as a direct result
34 of the services actually rendered in connection with a
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1 particular service to a State correctional institution.
2 (f) In counties where a State senior institution of
3 higher education is located, the assistant state's attorneys
4 specified by this Section shall receive for their services,
5 payable monthly from the State treasury to the county in
6 which appointed, the following:
7 (1) $14,000 per year each for employment on a full
8 time basis for 2 assistant state's attorneys in counties
9 having a State university or State universities with
10 combined full time enrollment of more than 15,000
11 students.
12 (2) $7,200 per year for one assistant state's
13 attorney with no limitation on other practice in counties
14 having a State university or State universities with
15 combined full time enrollment of 10,000 to 15,000
16 students.
17 (3) $4,000 per year for one assistant state's
18 attorney with no limitation on other practice in counties
19 having a State university or State universities with
20 combined full time enrollment of less than 10,000
21 students.
22 Such salaries shall be paid to the state's attorney and
23 the assistant state's attorney in equal monthly installments
24 by such county out of the county treasury provided that the
25 State of Illinois shall reimburse each county monthly from
26 the state treasury the amount of such salary. This Section
27 shall not prevent the payment of such additional compensation
28 to the state's attorney or assistant state's attorney of any
29 county, out of the treasury of that county as may be provided
30 by law.
31 (g) For purposes of this Section, "State mental health
32 institution" means any institution under the jurisdiction of
33 the Department of Human Services that is listed in Section 4
34 of the Mental Health and Developmental Disabilities
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1 Administrative Act.
2 For purposes of this Section, "State correctional
3 institution" means any facility of the Department of
4 Corrections including adult facilities, juvenile facilities,
5 pre-release centers, community correction centers, and work
6 camps.
7 For purposes of this Section, "State university" means
8 the University of Illinois, Southern Illinois University,
9 Chicago State University, Eastern Illinois University,
10 Governors State University, Illinois State University,
11 Northeastern Illinois University, Northern Illinois
12 University, Western Illinois University, the several colleges
13 and universities under the governance of the Board of
14 Governors of State Colleges and Universities, the several
15 Regency Universities under the jurisdiction of the Board of
16 Regents, and any public community college which has
17 established a program of interinstitutional cooperation with
18 one of the foregoing institutions whereby a student, after
19 earning an associate degree from the community college,
20 pursues a course of study at the community college campus
21 leading to a baccalaureate degree from the foregoing
22 institution (also known as a "2 Plus 2" degree program).
23 (Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97;
24 revised 2-7-97.)
25 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
26 Sec. 4-3001. State's attorney. The State's Attorney of
27 Cook County shall be paid an annual salary of $75,000 until
28 December 31, 1988, $90,000 until November 30, 1990, $100,000
29 until June 30, 1994, and $112,124 thereafter or as set by the
30 Compensation Review Board, whichever is greater.
31 Such sums shall be in full payment for all services
32 rendered by him. The State shall furnish from the State
33 treasury 66 2/3% of such salary in effect on December 31,
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1 1988, 100% of the increases in salary taking effect after
2 December 31, 1988, provided by Public Acts 85-1451 and
3 86-1486, and 100% of the increase in salary provided by this
4 amendatory Act of 1994 and Cook County shall furnish 33 1/3%
5 of such salary in effect on December 31, 1988. The State's
6 Attorney of Cook County may not engage in the private
7 practice of law.
8 (Source: P.A. 88-594, eff. 8-26-94.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.