Bill Amendment: IL SB0685 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE'S ATTORNEY-SALARY

Status: 2019-01-09 - Session Sine Die [SB0685 Detail]

Download: Illinois-2017-SB0685-Senate_Amendment_002.html

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Sen. Michael Connelly

Filed: 3/8/2017

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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

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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

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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

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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

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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.".