SB1568 97TH GENERAL ASSEMBLY

LRB097 08731 RLJ 48860 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1568

Introduced 2/9/2011, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:

5 ILCS 290/1	from Ch. 53, par. 1
25 ILCS 115/1	from Ch. 63, par. 14
25 ILCS 120/5.7
25 ILCS 120/5.8 new

Amends the Salaries Act. Provides that, for terms commencing on or after January 10, 2011, the salary of each constitutional officer shall be no more than 90% of the amount last set by the Compensation Review Board. Amends the General Assembly Compensation Act. Provides that, for terms commencing on or after January 12, 2011, each member of the General Assembly shall receive compensation that is no more than 90% of the amount last set by the Compensation Review Board. Amends the Compensation Review Act. For fiscal year 2012 and each fiscal year thereafter, prohibits a cost of living adjustment for General Assembly members and elected executive branch constitutional officers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Salaries Act is amended by changing Section 1 as follows:

(5 ILCS 290/1) (from Ch. 53, par. 1)

Sec. 1. There shall be allowed and paid an annual salary in lieu of all other salaries, fees, perquisites, benefit of compensation in any form whatsoever, to each of the officers herein named, the following respectively.

(1) For terms commencing before January 10, 2011:

To the Governor, a salary set by the Compensation Review Board, together with the use and occupancy of the executive mansion.

To the Lieutenant Governor, a salary set by the Compensation Review Board.

To the Secretary of State, a salary set by the Compensation Review Board.

To the Comptroller, a salary set by the Compensation Review Board.

To the Treasurer, a salary set by the Compensation Review Board.

To the Attorney General, a salary set by the Compensation Review Board.

(2) For terms commencing on or after January 10, 2011:

To the Governor, a salary that is no more than 90% of the amount last set by the Compensation Review Board for that office, together with the use and occupancy of the executive mansion.

To the Lieutenant Governor, a salary that is no more than 90% of the amount last set by the Compensation Review Board for that office.

To the Secretary of State, a salary that is no more than to 90% of the amount last set by the Compensation Review Board for that office.

To the Comptroller, a salary that is no more than 90% of the amount last set by the Compensation Review Board for that office.

To the Attorney General, a salary that is no more than 90% of the amount last set by the Compensation Review Board for that office.

(Source: P.A. 89-657, eff. 8-14-96.)

Section 10. The General Assembly Compensation Act is amended by changing Section 1 as follows:

(25 ILCS 115/1) (from Ch. 63, par. 14)

Sec. 1. Annual salary; mileage. For terms commencing before January 12, 2011, each Each member of the General Assembly shall receive an annual salary of $28,000 or as set by the Compensation Review Board, whichever is greater. For terms commencing on or after January 12, 2011, each member of the General Assembly shall receive an annual salary that is no more than 90% of the amount last set by the Compensation Review Board.

The following named officers, committee chairmen and committee minority spokesmen shall receive additional amounts per year for their services as such officers, committee chairmen and committee minority spokesmen respectively, as set by the Compensation Review Board or, as follows, whichever is greater: Beginning the second Wednesday in January 1989, the Speaker and the minority leader of the House of Representatives and the President and the minority leader of the Senate, $16,000 each; the majority leader in the House of Representatives $13,500; 6 assistant majority leaders and 5 assistant minority leaders in the Senate, $12,000 each; 6 assistant majority leaders and 6 assistant minority leaders in the House of Representatives, $10,500 each; 2 Deputy Majority leaders in the House of Representatives $11,500 each; and 2 Deputy Minority leaders in the House of Representatives, $11,500 each; the majority caucus chairman and minority caucus chairman in the Senate, $12,000 each; and beginning the second Wednesday in January, 1989, the majority conference chairman and the minority conference chairman in the House of Representatives, $10,500 each; beginning the second Wednesday in January, 1989, the chairman and minority spokesman of each standing committee of the Senate, except the Rules Committee, the Committee on Committees, and the Committee on Assignment of Bills, $6,000 each; and beginning the second Wednesday in January, 1989, the chairman and minority spokesman of each standing and select committee of the House of Representatives, $6,000 each. A member who serves in more than one position as an officer, committee chairman, or committee minority spokesman shall receive only one additional amount based on the position paying the highest additional amount.

The compensation provided for in this Section to be paid per year to members of the General Assembly, including the additional sums payable per year to officers of the General Assembly shall be paid in 12 equal monthly installments. The first such installment is payable on January 31, 1977. All subsequent equal monthly installments are payable on the last working day of the month. A member who has held office any part of a month is entitled to compensation for an entire month.

Mileage shall be paid at the rate of 20 cents per mile before January 9, 1985, and at the mileage allowance rate in effect under regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) beginning January 9, 1985, for the number of actual highway miles necessarily and conveniently traveled by the most feasible route to be present upon convening of the sessions of the General Assembly by such member in each and every trip during each session in going to and returning from the seat of government, to be computed by the Comptroller. A member traveling by public transportation for such purposes, however, shall be paid his or her actual cost of that transportation instead of on the mileage rate if his or her cost of public transportation exceeds the amount to which he or she would be entitled on a mileage basis. No member may be paid, whether on a mileage basis or for actual costs of public transportation, for more than one such trip for each week the General Assembly is actually in session. Each member shall also receive an allowance of $36 per day for lodging and meals while in attendance at sessions of the General Assembly before January 9, 1985; beginning January 9, 1985, such food and lodging allowance shall be equal to the amount per day permitted to be deducted for such expenses under the Internal Revenue Code; however, beginning May 31, 1995, no allowance for food and lodging while in attendance at sessions is authorized for periods of time after the last day in May of each calendar year, except (i) if the General Assembly is convened in special session by either the Governor or the presiding officers of both houses, as provided by subsection (b) of Section 5 of Article IV of the Illinois Constitution or (ii) if the General Assembly is convened to consider bills vetoed, item vetoed, reduced, or returned with specific recommendations for change by the Governor as provided in Section 9 of Article IV of the Illinois Constitution. Notwithstanding any other provision, for fiscal year 2011 only (i) the allowance for lodging and meals is $111 per day and (ii) mileage for automobile travel shall be reimbursed at a rate of $0.39 per mile.

If a member dies having received only a portion of the amount payable as compensation, the unpaid balance shall be paid to the surviving spouse of such member, or, if there be none, to the estate of such member.

(Source: P.A. 96-958, eff. 7-1-10.)

Section 15. The Compensation Review Act is amended by changing Section 5.7 and by adding Section 5.8 as follows:

(25 ILCS 120/5.7)

Sec. 5.7. FY11 COLA's prohibited. Notwithstanding any former or current provision of this Act, any other law, any report of the Compensation Review Board, or any resolution of the General Assembly to the contrary, members of the General Assembly, State's attorneys, other than the county supplement, elected executive branch constitutional officers of State government, and persons in certain appointed offices of State government, including the membership of State departments, agencies, boards, and commissions, whose annual compensation previously was recommended or determined by the Compensation Review Board, are prohibited from receiving and shall not receive any increase in compensation that would otherwise apply based on a cost of living adjustment, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for or during the fiscal year beginning July 1, 2010. That cost of living adjustment shall apply again in the fiscal year beginning July 1, 2011 and thereafter, except as provided in Section 5.8.

(Source: P.A. 96-958, eff. 7-1-10.)

(25 ILCS 120/5.8 new)

Sec. 5.8. COLA's prohibited for General Assembly members and elected executive branch constitutional officers. Notwithstanding any former or current provision of this Act, any other law, any report of the Compensation Review Board, or any resolution of the General Assembly to the contrary, members of the General Assembly and elected executive branch constitutional officers of State government are prohibited from receiving and shall not receive any increase in compensation that would otherwise apply based on a cost of living adjustment, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for or during the fiscal year beginning July 1, 2011 and each fiscal year thereafter.

Section 99. Effective date. This Act takes effect upon becoming law.