Full Text of HB4513 97th General Assembly
HB4513sam001 97TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/2/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4513
| 2 | | AMENDMENT NO. ______. Amend House Bill 4513 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 4 and 15 as follows: | 6 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 7 | | Sec. 4. Management Rights. Employers shall not be required | 8 | | to bargain
over matters of inherent managerial policy, which | 9 | | shall include such areas
of discretion or policy as the | 10 | | functions of the employer, standards of
services,
its overall | 11 | | budget, the organizational structure and selection of new
| 12 | | employees, examination techniques
and direction of employees. | 13 | | Employers, however, shall be required to bargain
collectively | 14 | | with regard to
policy matters directly affecting wages (but | 15 | | subject to any applicable restrictions in Section 13-502.5 of | 16 | | the Illinois Pension Code) , hours and terms and conditions of |
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| 1 | | employment
as well as the impact thereon upon request by | 2 | | employee representatives.
| 3 | | To preserve the rights of employers and exclusive | 4 | | representatives which
have established collective bargaining | 5 | | relationships or negotiated collective
bargaining agreements | 6 | | prior to the effective date of this Act, employers
shall be | 7 | | required to bargain collectively with regard to any matter | 8 | | concerning
wages (but subject to any applicable restrictions in | 9 | | Section 13-502.5 of the Illinois Pension Code) , hours or | 10 | | conditions of employment about which they have bargained
for | 11 | | and agreed to in a collective bargaining agreement
prior to the | 12 | | effective date of this Act.
| 13 | | The chief judge of the judicial circuit that employs a | 14 | | public employee who
is
a court reporter, as defined in the | 15 | | Court Reporters Act, has the authority to
hire, appoint, | 16 | | promote, evaluate, discipline, and discharge court reporters
| 17 | | within that judicial circuit.
| 18 | | Nothing in this amendatory Act of the 94th General Assembly | 19 | | shall
be construed to intrude upon the judicial functions of | 20 | | any court. This
amendatory Act of the 94th General Assembly | 21 | | applies only to nonjudicial
administrative matters relating to | 22 | | the collective bargaining rights of court
reporters.
| 23 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 24 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 25 | | Sec. 15. Act Takes Precedence. |
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| 1 | | (a) In case of any conflict between the
provisions of this | 2 | | Act and any other law (other than Section 5 of the State | 3 | | Employees Group Insurance Act of 1971 and other than the | 4 | | changes made to the Illinois Pension Code by Public Act 96-889 | 5 | | and this amendatory Act of the 97th 96th General Assembly), | 6 | | executive order or administrative
regulation relating to | 7 | | wages, hours and conditions of employment and employment
| 8 | | relations, the provisions of this Act or any collective | 9 | | bargaining agreement
negotiated thereunder shall prevail and | 10 | | control.
Nothing in this Act shall be construed to replace or | 11 | | diminish the
rights of employees established by Sections 28 and | 12 | | 28a of the Metropolitan
Transit Authority Act, Sections 2.15 | 13 | | through 2.19 of the Regional Transportation
Authority Act. The | 14 | | provisions of this Act are subject to Section 5 of the State | 15 | | Employees Group Insurance Act of 1971. The provisions of this | 16 | | Act are also subject to and preempted by Section 13-502.5 of | 17 | | the Illinois Pension Code. Nothing in this Act shall be | 18 | | construed to replace the necessity of complaints against a | 19 | | sworn peace officer, as defined in Section 2(a) of the Uniform | 20 | | Peace Officer Disciplinary Act, from having a complaint | 21 | | supported by a sworn affidavit.
| 22 | | (b) Except as provided in subsection (a) above, any | 23 | | collective bargaining
contract between a public employer and a | 24 | | labor organization executed pursuant
to this Act shall | 25 | | supersede any contrary statutes, charters, ordinances, rules
| 26 | | or regulations relating to wages, hours and conditions of |
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| 1 | | employment and
employment relations adopted by the public | 2 | | employer or its agents. Any collective
bargaining agreement | 3 | | entered into prior to the effective date of this Act
shall | 4 | | remain in full force during its duration.
| 5 | | (c) It is the public policy of this State, pursuant to | 6 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 7 | | Illinois Constitution, that the
provisions of this Act are the | 8 | | exclusive exercise by the State of powers
and functions which | 9 | | might otherwise be exercised by home rule units. Such
powers | 10 | | and functions may not be exercised concurrently, either | 11 | | directly
or indirectly, by any unit of local government, | 12 | | including any home rule
unit, except as otherwise authorized by | 13 | | this Act.
| 14 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
| 15 | | Section 10. The Illinois Pension Code is amended by | 16 | | changing Sections 13-207, 13-502, and 13-503 and adding | 17 | | Sections 13-204.5, 13-206.5, and 13-502.5 as follows: | 18 | | (40 ILCS 5/13-204.5 new) | 19 | | Sec. 13-204.5. "Tier I employee": An employee who first | 20 | | became a member or participant before January 1, 2011 under any | 21 | | reciprocal retirement system or pension fund established under | 22 | | this Code other than a retirement system or pension fund | 23 | | established under Article 2, 3, 4, 5, 6, or 18 of this Code. |
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| 1 | | (40 ILCS 5/13-206.5 new) | 2 | | Sec. 13-206.5. "Future increase in pensionable income": | 3 | | Any increase in income or other compensation offered by the | 4 | | District after June 30, 2014 that otherwise qualifies as | 5 | | salary, as defined under Section 13-207. The term does not, | 6 | | however, include an increase in income or other compensation | 7 | | that otherwise qualifies as salary, as defined under Section | 8 | | 13-207, that is paid to a Tier I employee under an employment | 9 | | contract or collective bargaining agreement in effect on the | 10 | | effective date of this Section and not amended or renewed after | 11 | | that date.
| 12 | | (40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207)
| 13 | | Sec. 13-207. "Salary": The salary paid to an employee for | 14 | | service to the
District or to the Board, including salary paid | 15 | | for vacation and sick leave and
any amounts deferred under a | 16 | | deferred compensation plan established under this
Code, but | 17 | | excluding (1) payment for unused vacation or sick leave, (2)
| 18 | | overtime pay, (3) termination pay, and (4) any compensation
in | 19 | | the form of benefits other than the salary. Notwithstanding any | 20 | | other provision of this Section, "salary" does not include any | 21 | | future increase in pensionable income accepted by a Tier I | 22 | | employee who has made an election under paragraph (2) of | 23 | | subsection (a) of Section 13-502.5.
| 24 | | (Source: P.A. 90-12, eff. 6-13-97.)
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| 1 | | (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
| 2 | | Sec. 13-502. Employee contributions; deductions from | 3 | | salary.
| 4 | | (a) Retirement annuity and child's annuity. Except as | 5 | | otherwise provided in this Section, there There shall be | 6 | | deducted
from each payment of salary an amount equal to 7% of | 7 | | salary as the
employee's contribution for the retirement | 8 | | annuity, including
child's annuity, and 0.5% of salary as the | 9 | | employee's contribution for annual increases to the retirement | 10 | | annuity.
| 11 | | (a-1) For Tier I employees who have made the election under | 12 | | paragraph (1) of subsection (a) of Section 13-502.5: | 13 | | (1) beginning with the first pay period paid six months | 14 | | after the effective date of this amendatory Act of the 97th | 15 | | General Assembly or on or after January 1, 2013, whichever | 16 | | is later, and ending with the last pay period paid on or | 17 | | before December 31, 2013, employee contributions shall be | 18 | | 7.5% for the retirement annuity and 1.0% for annual | 19 | | increases for a total of 8.5%; | 20 | | (2) beginning with the first pay period paid on or | 21 | | after January 1, 2014 and ending with the last pay period | 22 | | paid on or before December 31, 2014, employee contributions | 23 | | shall be 8.0% for the retirement annuity and 1.5% for | 24 | | annual increases for a total of 9.5%; | 25 | | (3) beginning with the first pay period paid on or | 26 | | after January 1, 2015 and ending with the last pay period |
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| 1 | | paid on or before the date when the funded ratio of the | 2 | | Fund is first determined to have reached the 90% funding | 3 | | goal, employee contributions shall be 8.5% for the | 4 | | retirement annuity and 1.5% for annual increases for a | 5 | | total of 10.0%; and | 6 | | (4) beginning with the first pay period paid on or | 7 | | after the date when the funded ratio of the Fund is first | 8 | | determined to have reached the 90% funding goal, and each | 9 | | pay period paid thereafter, employee contributions shall | 10 | | be 7.0% for the retirement annuity and 0.5% for annual | 11 | | increases for a total of 7.5%. | 12 | | (b) Surviving spouse's annuity. There shall be deducted | 13 | | from each
payment of salary an amount equal to 1 1/2% of salary | 14 | | as the employee's
contribution for the surviving spouse's | 15 | | annuity and annual increases therefor. | 16 | | (b-1) For Tier I employees who have made the election under | 17 | | paragraph (1) of subsection (a) of Section 13-502.5, beginning | 18 | | with the first pay period paid on or after January 1, 2015 and | 19 | | ending with the last pay period paid on or before the date when | 20 | | the funded ratio of the Fund is first determined to have | 21 | | reached the 90% funding goal, there shall be deducted an | 22 | | additional 0.5% of salary for a total of 2.0% for the surviving | 23 | | spouse's annuity and annual increases.
| 24 | | (c) Pickup of employee contributions. The Employer may pick | 25 | | up employee
contributions required under subsections (a) and | 26 | | (b) of this Section. If
contributions are picked up they shall |
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| 1 | | be treated as Employer contributions
in determining tax | 2 | | treatment under the United States Internal Revenue Code,
and | 3 | | shall not be included as gross income of the employee until | 4 | | such time
as they are distributed. The Employer shall pay these | 5 | | employee
contributions from the same source of funds used in | 6 | | paying salary to the
employee. The Employer may pick up these | 7 | | contributions by a reduction in
the cash salary of the employee | 8 | | or by an offset against a future salary
increase or by a | 9 | | combination of a reduction in salary and offset against a
| 10 | | future salary increase. If employee contributions are picked up | 11 | | they shall be
treated for all purposes of this Article 13, | 12 | | including Sections 13-503 and
13-601, in the same manner and to | 13 | | the same extent as employee contributions
made prior to the | 14 | | date picked up.
| 15 | | (d) Subject to the requirements of federal law, the | 16 | | Employer shall
pick up optional contributions that the employee | 17 | | has elected to pay to the
Fund under Section 13-304.1, and the | 18 | | contributions so picked up
shall be treated as employer | 19 | | contributions for the purposes of determining
federal tax | 20 | | treatment. The Employer shall pick up the contributions by a
| 21 | | reduction in the cash salary of the employee and shall pay the | 22 | | contributions
from the same fund that is used to pay earnings | 23 | | to the employee. The Employer
shall, however, continue to | 24 | | withhold federal and State income taxes based upon
| 25 | | contributions made under Section 13-304.1 until the Internal | 26 | | Revenue Service or
the federal courts rule that pursuant to |
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| 1 | | Section 414(h) of the U.S. Internal
Revenue Code of 1986, as | 2 | | amended, these contributions shall not be included as
gross | 3 | | income of the employee until such time as they are distributed | 4 | | or made
available.
| 5 | | (e) Each employee is deemed to consent and agree to the | 6 | | deductions from
compensation provided for in this Article.
| 7 | | (f) Subject to the requirements of federal law, the | 8 | | Employer shall pick up
contributions that a commissioner has | 9 | | elected to pay to the Fund under Section
13-314, and the | 10 | | contributions so picked up shall be treated as Employer
| 11 | | contributions for the purposes of determining federal tax | 12 | | treatment. The
Employer shall pick up the contributions by a | 13 | | reduction in the cash salary of
the commissioner and shall pay | 14 | | the contributions from the same fund as is
used to pay earnings | 15 | | to the commissioner. The Employer shall, however,
continue to | 16 | | withhold federal and State income taxes based upon | 17 | | contributions
made under Section 13-314 until the U.S. Internal | 18 | | Revenue Service or the
federal courts rule that pursuant to | 19 | | Section 414(h) of the Internal Revenue
Code of 1986, as | 20 | | amended, these contributions shall not be included as gross
| 21 | | income of the employee until such time as they are distributed | 22 | | or made
available.
| 23 | | (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
| 24 | | (40 ILCS 5/13-502.5 new) | 25 | | Sec. 13-502.5. Election to have future increases in |
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| 1 | | pensionable income deemed salary. | 2 | | (a) Each Tier I employee shall make an irrevocable election | 3 | | either: | 4 | | (1) to make additional contributions under subsections | 5 | | (a-1) and (b-1) of Section 13-502; or | 6 | | (2) not to make additional contributions under | 7 | | subsections (a-1) and (b-1) of Section 13-502. | 8 | | The election required under this subsection (a) shall be | 9 | | made by each such employee not later than 6 months after the | 10 | | effective date of this Section. If a Tier I employee fails for | 11 | | any reason to make the election within the time specified, then | 12 | | the employee shall be deemed to have made the election under | 13 | | paragraph (2) of this subsection (a). | 14 | | The election under this subsection (a) shall be a required | 15 | | condition precedent of holding office or employment for a | 16 | | person seeking to become a Tier I employee of the District | 17 | | after the effective date of this Section. | 18 | | (b) As legal and adequate consideration for making the | 19 | | election under paragraph (1) of subsection (a) of this Section, | 20 | | any future increase in pensionable income offered by the | 21 | | District to a Tier I employee who has made the election under | 22 | | paragraph (1) of subsection (a) of this Section shall be | 23 | | offered expressly and irrevocably as constituting salary under | 24 | | Section 13-207. | 25 | | (c) A Tier I employee who makes the election under | 26 | | paragraph (2) of subsection (a) of this Section shall not be |
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| 1 | | subject to subsections (a-1) and (b-1) of Section 13-502. | 2 | | However, any future increase in pensionable income offered by | 3 | | the District to a Tier I employee who has made the election | 4 | | under paragraph (2) of subsection (a) of this Section shall be | 5 | | offered expressly and irrevocably as not constituting salary | 6 | | under Section 13-207. | 7 | | (d) Upon request, a Tier I employee who is subject to this | 8 | | Section shall be provided with written information prepared
or | 9 | | prescribed by the Fund, describing the consequences of making | 10 | | the election required under this Section. The Tier I employee | 11 | | shall be offered an opportunity to
receive counseling from the | 12 | | Fund before making his or her election. This
counseling may | 13 | | consist of video materials, group presentations, individual
| 14 | | consultation with a member or authorized representative of the | 15 | | Fund in
person or by telephone or other electronic means, or | 16 | | any combination of those
methods. | 17 | | A Tier I employee may also obtain information and counsel | 18 | | relating to the election under this Section from any other | 19 | | available source, including, but not limited to, labor | 20 | | organizations and private legal counsel. | 21 | | (e) Notwithstanding any other provision of law, the | 22 | | District must not offer any future increase in pensionable | 23 | | income as salary to any person who is not, because of the | 24 | | operation of this Section, eligible to have that future | 25 | | increase in pensionable income treated as salary.
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| 1 | | (40 ILCS 5/13-503) (from Ch. 108 1/2, par. 13-503)
| 2 | | Sec. 13-503. Tax levy. Until fiscal year 2013, the The | 3 | | Water Reclamation District shall annually
levy a tax upon all | 4 | | the taxable real property within the District at a rate
which, | 5 | | when extended, will produce a sum that (i) when added to the | 6 | | amounts
deducted from the salaries of employees, interest | 7 | | income on investments, and
other income, will be sufficient to | 8 | | meet the requirements of the Fund on an
actuarially funded | 9 | | basis, but (ii) shall not exceed an amount equal to the
total | 10 | | amount of contributions by the employees to the Fund made in | 11 | | the
calendar year 2 years prior to the year for which the tax | 12 | | is levied,
multiplied by 2.19, except that the amount of | 13 | | employee contributions made on
or after January 1, 2003 towards | 14 | | the purchase of additional optional benefits
under Section | 15 | | 13-304.1 shall only be multiplied by 1.00. | 16 | | Beginning in fiscal year 2013, the District shall annually
| 17 | | levy a tax upon all the taxable real property within the | 18 | | District at a rate
which, when extended, will produce a sum | 19 | | that (i) will be sufficient to meet the Fund's actuarially | 20 | | determined contribution requirement, but (ii) shall not exceed | 21 | | an amount equal to the total employee contributions 2 years | 22 | | prior multiplied by 4.19. The actuarially determined | 23 | | contribution requirement is equal to the employer's normal cost | 24 | | plus the annual amount needed to amortize the unfunded | 25 | | liability by the year 2050 as a level percent of payroll. The | 26 | | funding goal is to attain a funded ratio of at least 90% by the |
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| 1 | | year 2050, with the funded ratio being the ratio of the | 2 | | actuarial value of assets to the total actuarial liability. | 3 | | The tax shall be
levied and collected in the same manner as | 4 | | the general taxes of the District.
| 5 | | The tax shall be exclusive of and in addition to the amount | 6 | | of tax the
District is now or may hereafter be authorized to | 7 | | levy for general purposes
under the Metropolitan Water | 8 | | Reclamation District Act or under any other
laws which may | 9 | | limit the amount of tax for general purposes. The county
clerk | 10 | | of any county, in reducing tax levies as may be authorized by | 11 | | law,
shall not consider any such tax as a part of the general | 12 | | tax levy for
District purposes, and shall not include the same | 13 | | in any limitation of the
percent of the assessed valuation upon | 14 | | which taxes are required to be extended.
| 15 | | Revenues derived from the tax shall be paid to the Fund for | 16 | | the benefit
of the Fund.
| 17 | | If the funds available for the purposes of this Article are | 18 | | insufficient
during any year to meet the requirements of this | 19 | | Article, the District may
issue tax anticipation warrants or | 20 | | notes, as provided by law, against the
current tax levy.
| 21 | | The Board shall submit annually to the Board of | 22 | | Commissioners of the
District an estimate of the amount | 23 | | required to be raised by taxation for
the purposes of the Fund. | 24 | | The Board of Commissioners shall review the
estimate and | 25 | | determine the tax to be levied for such purposes.
| 26 | | (Source: P.A. 92-599, eff. 6-28-02.)
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| 1 | | Section 15. The Metropolitan Water Reclamation District | 2 | | Act is amended by changing Section 4 as follows: | 3 | | (70 ILCS 2605/4) (from Ch. 42, par. 323)
| 4 | | Sec. 4. Board of commissioners. | 5 | | The commissioners elected under this Act constitute a board
| 6 | | of commissioners for the district by which they are elected, | 7 | | which board
of commissioners is the corporate authority of the | 8 | | sanitary district,
and, in addition to all other powers | 9 | | specified in this Act, shall
establish the policies and goals | 10 | | of the sanitary district. The executive director, in addition | 11 | | to all other powers specified in this Act,
shall manage and | 12 | | control all the affairs and property of the sanitary
district | 13 | | and shall regularly report to the Board of Commissioners on the
| 14 | | activities of the sanitary district in executing the policies | 15 | | and goals
established by the board. At the regularly scheduled | 16 | | meeting of odd
numbered years following the induction of new | 17 | | commissioners the board of
commissioners shall elect from its | 18 | | own number a president and a
vice-president to serve in the | 19 | | absence of the president, and the
chairman of the committee on | 20 | | finance. The board shall provide by rule
when a vacancy occurs | 21 | | in the office of the president, vice-president, or
the chairman | 22 | | of the committee on finance and the manner of filling such
| 23 | | vacancy.
| 24 | | The board shall appoint from outside its own number the |
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| 1 | | executive director and treasurer for the district.
| 2 | | The executive director must be a resident of the sanitary
| 3 | | district and a citizen of the United States. He must be | 4 | | selected solely
upon his administrative and technical | 5 | | qualifications and without regard
to his political | 6 | | affiliations.
| 7 | | In the event of illness or other prolonged absence, death | 8 | | or
resignation creating a vacancy in the office of the | 9 | | executive director, or treasurer, the board of commissioners | 10 | | may appoint an
acting officer from outside its own number, to | 11 | | perform the duties and
responsibilities of the office during | 12 | | the term of the absence or
vacancy.
| 13 | | The executive director with the advice and consent of the | 14 | | board
of commissioners, shall appoint the director of | 15 | | engineering, director of maintenance and operations, director | 16 | | of human resources, director of procurement and materials | 17 | | management, clerk, general counsel, director of monitoring and | 18 | | research, and director of information technology.
These | 19 | | constitute the heads of the Department of Engineering, | 20 | | Maintenance and
Operations, Human Resources, Procurement and | 21 | | Materials Management, Finance, Law, Monitoring and Research, | 22 | | and
Information Technology, respectively. No other departments | 23 | | or heads of
departments may be created without subsequent | 24 | | amendment to this Act. All such
department heads are under the | 25 | | direct supervision of the executive director.
| 26 | | The director of human resources must be qualified under |
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| 1 | | Section 4.2a of
this Act.
| 2 | | The director of procurement and materials management must | 3 | | be selected in accordance with Section
11.16 of this Act.
| 4 | | In the event of illness or other prolonged absence, death | 5 | | or
resignation creating a vacancy in the office of director of | 6 | | engineering, director of maintenance and operations, director | 7 | | of human resources, director of procurement and materials | 8 | | management,
clerk, general counsel, director of monitoring and | 9 | | research, or director
of information technology, the executive | 10 | | director shall appoint an acting
officer to perform the duties | 11 | | and responsibilities of the office during the
term of the | 12 | | absence or vacancy. Any such officers appointed in an acting
| 13 | | capacity are under the direct supervision of the executive | 14 | | director.
| 15 | | All appointive officers and acting officers shall give bond | 16 | | as may be
required by the board.
| 17 | | The executive director, treasurer, acting executive | 18 | | director,
and acting treasurer hold their offices at the | 19 | | pleasure of the board of
commissioners.
| 20 | | The acting director of engineering, acting director of | 21 | | maintenance and operations, acting director of human | 22 | | resources, acting director of procurement and materials | 23 | | management,
acting clerk, acting general counsel, acting | 24 | | director of monitoring and research, and acting director of | 25 | | information technology hold their
offices at the pleasure of | 26 | | the executive director.
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| 1 | | The director of engineering, director of maintenance and | 2 | | operations, director of human resources, director of | 3 | | procurement and materials management, clerk, general counsel, | 4 | | director of monitoring and research, and director of | 5 | | information technology may be removed
from office for cause by | 6 | | the executive director. Prior to removal, such
officers are | 7 | | entitled to a public hearing before the executive director at
| 8 | | which hearing they may be represented by counsel. Before the | 9 | | hearing, the
executive director shall notify the board of | 10 | | commissioners of the date,
time, place and nature of the | 11 | | hearing.
| 12 | | In addition to the general counsel appointed by the | 13 | | executive director,
the board of commissioners may appoint from | 14 | | outside its own number an
attorney, or retain counsel, to | 15 | | advise the board of commissioners with
respect to its powers | 16 | | and duties and with respect to legal questions and
matters of | 17 | | policy for which the board of commissioners is responsible.
| 18 | | The executive director is the chief administrative officer | 19 | | of the
district, has supervision over and is responsible for | 20 | | all administrative
and operational matters of the sanitary | 21 | | district including the duties of
all employees which are not | 22 | | otherwise designated by law, and is the
appointing authority as | 23 | | specified in Section 4.11 of this Act.
| 24 | | Subject to applicable restrictions in Section 13-502.5 of | 25 | | the Illinois Pension Code, the The board, through the budget | 26 | | process, shall set the
compensation of all the officers and |
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| 1 | | employees of the sanitary district.
Any incumbent of the office | 2 | | of president may appoint an administrative aide
which | 3 | | appointment remains in force during his incumbency unless | 4 | | revoked by
the president.
| 5 | | Effective upon the election in January, 1985 of the | 6 | | president and
vice-president of the board of commissioners and | 7 | | the chairman of the
committee on finance, the annual salary of | 8 | | the president shall be $37,500
and shall be increased to | 9 | | $39,500 in January, 1987, $41,500 in January,
1989, $50,000 in | 10 | | January, 1991, and $60,000 in January, 2001; the annual
salary | 11 | | of the vice-president shall be $35,000 and shall be increased | 12 | | to
$37,000 in January, 1987, $39,000 in January, 1989, $45,000 | 13 | | in January,
1991, and $55,000 in January, 2001; the annual | 14 | | salary of the
chairman of the committee on finance shall be | 15 | | $32,500 and shall be
increased to $34,500 in January, 1987, | 16 | | $36,500 in January, 1989,
$45,000 in January, 1991, and $55,000 | 17 | | in January, 2001.
| 18 | | The annual salaries of the other members of the Board shall | 19 | | be as follows:
| 20 | | For the three members elected in November, 1980, $26,500 | 21 | | per annum
for the first two years of the term; $28,000 per | 22 | | annum for the next two
years of the term and $30,000 per annum | 23 | | for the last two years.
| 24 | | For the three members elected in November, 1982, $28,000 | 25 | | per annum
for the first two years of the term and $30,000 per | 26 | | annum thereafter.
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| 1 | | For members elected in November, 1984, $30,000 per
annum.
| 2 | | For the three members elected in November, 1986, $32,000 | 3 | | for each of
the first two years of the term, $34,000 for each | 4 | | of the next two years and
$36,000 for the last two years;
| 5 | | For three members elected in November, 1988, $34,000 for | 6 | | each of the
first two years of the term and $36,000 for each | 7 | | year thereafter.
| 8 | | For members elected in November, 1990, 1992, 1994, 1996, or | 9 | | 1998, $40,000.
| 10 | | For members elected in November, 2000 and thereafter, | 11 | | $50,000.
| 12 | | Notwithstanding the other provisions of this Section, the | 13 | | board,
prior to January 1, 2007 and with a two-thirds vote, may | 14 | | increase the annual rate of compensation
at a separate flat | 15 | | amount for each of the following: the president, the | 16 | | vice-president, the chairman of the committee on finance, and | 17 | | the other members; the increased annual rate of compensation | 18 | | shall apply to all such officers and members whose terms as | 19 | | members of the board commence after the increase in | 20 | | compensation is adopted by the board.
| 21 | | The board of commissioners has full power to pass all | 22 | | necessary
ordinances, orders, rules, resolutions and | 23 | | regulations for the proper
management and conduct of the | 24 | | business of the board of commissioners and
the corporation and | 25 | | for carrying into effect the object for which the
sanitary | 26 | | district is formed. All ordinances, orders, rules, resolutions
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| 1 | | and regulations passed by the board of commissioners must, | 2 | | before they
take effect, be approved by the president of the | 3 | | board of commissioners.
If he approves thereof, he shall sign | 4 | | them, and such as he does not
approve he shall return to the | 5 | | board of commissioners with his
objections in writing at the | 6 | | next regular meeting of the board of
commissioners occurring | 7 | | after the passage thereof. Such veto may extend
to any one or | 8 | | more items or appropriations contained in any ordinance
making | 9 | | an appropriation, or to the entire ordinance. If the veto | 10 | | extends
to a part of such ordinance, the residue takes effect. | 11 | | If the
president of such board of commissioners fails to return | 12 | | any ordinance,
order, rule, resolution or regulation with his | 13 | | objections thereto in the
time required, he is deemed to have | 14 | | approved it, and it takes effect
accordingly. Upon the return | 15 | | of any ordinance, order, rule, resolution,
or regulation by the | 16 | | president, the vote by which it was passed must be
reconsidered | 17 | | by the board of commissioners, and if upon such
reconsideration | 18 | | two-thirds of all the members agree by yeas and nays to
pass | 19 | | it, it takes effect notwithstanding the president's refusal to
| 20 | | approve thereof.
| 21 | | It is the policy of this State that all powers granted, | 22 | | either expressly
or by necessary implication, by this Act or | 23 | | any other Illinois statute to
the District may be exercised by | 24 | | the District notwithstanding effects on
competition. It is the | 25 | | intention of the
General Assembly that the "State action | 26 | | exemption" to the application of
federal antitrust statutes be |
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| 1 | | fully available to the District to the extent
its activities | 2 | | are authorized by law as stated herein.
| 3 | | (Source: P.A. 94-1069, eff. 11-29-06; 95-923, eff. 1-1-09.)
| 4 | | Section 90. The State Mandates Act is amended by adding | 5 | | Section 8.36 as follows: | 6 | | (30 ILCS 805/8.36 new) | 7 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 8 | | of this Act, no reimbursement by the State is required for the | 9 | | implementation of any mandate created by this amendatory Act of | 10 | | the 97th General Assembly.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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