Sen. Michael Connelly

Filed: 3/8/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 685

2    AMENDMENT NO. ______. Amend Senate Bill 685 as follows:
 
3on page 1, lines 4 through 5, by replacing "Section 4-2001"
4with "Sections 3-4007, 3-9012, and 4-2001"; and
 
5on page 1, immediately after line 5, by inserting the
6following:
 
7    "(55 ILCS 5/3-4007)  (from Ch. 34, par. 3-4007)
8    Sec. 3-4007. Compensation.
9    (a) The public defender shall be paid out of the county
10treasury, and, subject to appropriation, shall be paid by the
11Department of Revenue out of the Personal Property Tax
12Replacement Fund or the General Revenue Fund as provided in
13subsection (b), as the sole compensation for his or her
14services a salary in an amount fixed by the County Board. When
15a Public Defender in a county of 30,000 or more population is

 

 

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1receiving not less than 90% of the compensation of the State's
2Attorney of such county, that Public Defender shall not engage
3in the private practice of law.
4    (b) The State must pay 66 2/3% of the public defender's
5annual salary. If the public defender is employed full-time in
6that capacity, his or her salary must be at least 90% of that
7county's State's attorney's annual compensation. Subject to
8appropriation, these amounts furnished by the State shall be
9payable monthly by the Department of Revenue out of the
10Personal Property Tax Replacement Fund or the General Revenue
11Fund to the county in which each Public Defender is employed.
12    (b-5) If a county board adopts a resolution or ordinance to
13provide additional salary for the State's Attorney under
14subsection (a-5) of Section 4-2001 of this Code, the county
15board shall, by resolution, authorize an additional salary
16increase, equal to at least 90% of the additional salary
17provided for the State's Attorney, for any full-time Public
18Defender in the county to be paid from the county treasury. The
19additional salary shall be effective for the Public Defender
20immediately, if the resolution or ordinance for the State's
21Attorney was immediately effective, or at the beginning of the
22next term of the Public Defender commencing at least 180 days
23after the county board adopts the resolution or ordinance.
24    (c) In cases where 2 or more adjoining counties have joined
25to form a common office of Public Defender, the salary of the
26Public Defender shall be set and paid as provided by a joint

 

 

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1resolution of the various county boards involved. Under
2subsection (b-5), each county board shall approve, by
3resolution or ordinance, any provision for additional salary
4for the Public Defender consistent with the counties' joint
5resolution to pay the Public Defender.
6(Source: P.A. 97-72, eff. 7-1-11.)
 
7    (55 ILCS 5/3-9012)  (from Ch. 34, par. 3-9012)
8    Sec. 3-9012. Compensation. A State's attorney who serves 2
9or more counties shall receive such compensation from the State
10Treasury as is provided by law for the State's attorney of a
11single county. He shall be paid by the counties such
12compensation as may be agreed upon by the county boards within
13the salary range prescribed by law applicable to a single
14county with a population equal to the combined population of
15the counties he serves. Unless the county boards agree upon a
16lesser amount, he shall be paid the highest permissible salary
17within such range. The amount to be paid by the counties shall
18be apportioned among them on the basis of their population.
19Seventy-five percent (75%) of the amount provided by law to be
20paid from the State treasury for the services of the State's
21attorney in the case of a single county is payable to each of
22the counties served by the same State's attorney, except that
23the amounts paid to those counties under this Section in any
24year may not exceed, in the aggregate, the annual salary paid
25to that State's attorney from both county and State funds, in

 

 

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1which case reduction of the State's contribution to each county
2shall be reduced proportionately according to population of
3each participating county.
4    When the salary is raised under subsection (a-5) of Section
54-2001 of this Code for a State's Attorney who serve 2 or more
6counties, each county board shall approve, by resolution or
7ordinance, any provision for additional salary for the State's
8Attorney consistent with the apportionment based upon county
9population.
10(Source: P.A. 86-962.)"; and
 
11on page 2, line 18, by changing "this subsection (a)" to
12"subsection (a-5)"; and
 
13on page 3, by replacing lines 14 through 20 with the following:
14    "(a-5) Notwithstanding any provision of the Compensation
15Review Act or subsection (a) of this Section to the contrary, a
16county board may provide for additional salary for the State's
17Attorney to be paid from the county treasury in addition to the
18salary authorized by subsection (a). Within 90 days after the
19effective date of this amendatory Act of the 100th General
20Assembly, a county board may, by resolution or ordinance,
21provide for the additional salary authorized by this subsection
22for the State's Attorney to have immediate effect. On and after
2390 days after the effective date of this amendatory Act of the
24100th General Assembly, any changes to the provision of

 

 

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1additional salary for the State's Attorney authorized by this
2subsection by a county board shall become effective at the
3beginning of the next term of the State's Attorney commencing
4at least 180 days after the county board adopts the resolution
5or ordinance.".