SB0685sam002 100TH GENERAL ASSEMBLY

Sen. Michael Connelly

Filed: 3/8/2017

10000SB0685sam002 LRB100 07153 AWJ 22859 a

AMENDMENT TO SENATE BILL 685

AMENDMENT NO. ______. Amend Senate Bill 685 as follows:

on page 1, lines 4 through 5, by replacing "Section 4-2001" with "Sections 3-4007, 3-9012, and 4-2001"; and

on page 1, immediately after line 5, by inserting the following:

"(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)

Sec. 3-4007. Compensation.

(a) The public defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided in subsection (b), as the sole compensation for his or her services a salary in an amount fixed by the County Board. When a Public Defender in a county of 30,000 or more population is receiving not less than 90% of the compensation of the State's Attorney of such county, that Public Defender shall not engage in the private practice of law.

(b) The State must pay 66 2/3% of the public defender's annual salary. If the public defender is employed full-time in that capacity, his or her salary must be at least 90% of that county's State's attorney's annual compensation. Subject to appropriation, these amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Public Defender is employed.

(b-5) If a county board adopts a resolution or ordinance to provide additional salary for the State's Attorney under subsection (a-5) of Section 4-2001 of this Code, the county board shall, by resolution, authorize an additional salary increase, equal to at least 90% of the additional salary provided for the State's Attorney, for any full-time Public Defender in the county to be paid from the county treasury. The additional salary shall be effective for the Public Defender immediately, if the resolution or ordinance for the State's Attorney was immediately effective, or at the beginning of the next term of the Public Defender commencing at least 180 days after the county board adopts the resolution or ordinance.

(c) In cases where 2 or more adjoining counties have joined to form a common office of Public Defender, the salary of the Public Defender shall be set and paid as provided by a joint resolution of the various county boards involved. Under subsection (b-5), each county board shall approve, by resolution or ordinance, any provision for additional salary for the Public Defender consistent with the counties' joint resolution to pay the Public Defender.

(Source: P.A. 97-72, eff. 7-1-11.)

(55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)

Sec. 3-9012. Compensation. A State's attorney who serves 2 or more counties shall receive such compensation from the State Treasury as is provided by law for the State's attorney of a single county. He shall be paid by the counties such compensation as may be agreed upon by the county boards within the salary range prescribed by law applicable to a single county with a population equal to the combined population of the counties he serves. Unless the county boards agree upon a lesser amount, he shall be paid the highest permissible salary within such range. The amount to be paid by the counties shall be apportioned among them on the basis of their population. Seventy-five percent (75%) of the amount provided by law to be paid from the State treasury for the services of the State's attorney in the case of a single county is payable to each of the counties served by the same State's attorney, except that the amounts paid to those counties under this Section in any year may not exceed, in the aggregate, the annual salary paid to that State's attorney from both county and State funds, in which case reduction of the State's contribution to each county shall be reduced proportionately according to population of each participating county.

When the salary is raised under subsection (a-5) of Section 4-2001 of this Code for a State's Attorney who serve 2 or more counties, each county board shall approve, by resolution or ordinance, any provision for additional salary for the State's Attorney consistent with the apportionment based upon county population.

(Source: P.A. 86-962.)"; and

on page 2, line 18, by changing "this subsection (a)" to "subsection (a-5)"; and

on page 3, by replacing lines 14 through 20 with the following:

"(a-5) Notwithstanding any provision of the Compensation Review Act or subsection (a) of this Section to the contrary, a county board may provide for additional salary for the State's Attorney to be paid from the county treasury in addition to the salary authorized by subsection (a). Within 90 days after the effective date of this amendatory Act of the 100th General Assembly, a county board may, by resolution or ordinance, provide for the additional salary authorized by this subsection for the State's Attorney to have immediate effect. On and after 90 days after the effective date of this amendatory Act of the 100th General Assembly, any changes to the provision of additional salary for the State's Attorney authorized by this subsection by a county board shall become effective at the beginning of the next term of the State's Attorney commencing at least 180 days after the county board adopts the resolution or ordinance.".