HC0023 96TH GENERAL ASSEMBLY

LRB096 00133 HLH 10134 e

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0023

Introduced 2/25/2009, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

ILCON Art. XIII, Sec. 9

Proposes to amend the General Provisions Article of the Illinois Constitution. Creates the Compensation Review Board. Sets forth the membership of the Board. Provides that the Board shall determine the compensation for members of the General Assembly, judges, other elected constitutional officers, and certain State appointees and employees. Provides that the recommendations of the Board shall take effect only if they are approved by both houses of the General Assembly. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.

A BILL FOR

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 9 to Article XIII of the Illinois Constitution as follows:

(ILCON Art. XIII, Sec. 9) SECTION 9. COMPENSATION FOR CERTAIN STATE OFFICIALS

(a) There is created the Compensation Review Board as an independent commission within the legislative branch of State government.

The Board shall consist of l2 members, appointed 3 each by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate. Members shall be adults and be residents of Illinois. Members may not be members or employees or former members or employees of the judicial, executive, or legislative branches of State government; nor may members be persons required to be registered under the Lobbyist Registration Act or any successor Act. Any member may be reappointed for a consecutive term. The respective appointing legislative leader may remove any such appointed member prior to the expiration of his or her term on the Board for official misconduct, incompetence, or neglect of duty.

Members shall serve without compensation but shall receive an allowance for living expenses incurred in the performance of their official duties in an amount per day equal to the amount permitted to be deducted for such expenses by members of the General Assembly under the federal Internal Revenue Code, as now or hereafter amended. The rate for reimbursement of mileage expenses shall be equal to the amount established from time to time for members of the General Assembly.

The Board may, notwithstanding any other provision of this Constitution, employ and fix the compensation or remuneration of employees and contract for personal and professional services as it considers necessary or desirable. The General Assembly shall appropriate to the Commission on Government Forecasting and Accountability the funds necessary to operate the Board, and the Commission shall prepare and submit vouchers on behalf of the Board and provide other fiscal services to the Board as the Board requests and directs; but the Commission shall not exercise any authority or control over the Board or its employees or contractors.

(b) As soon as possible after this Amendment is adopted, the Speaker of the House of Representatives, the Minority Leader thereof, the President of the Senate, and the Minority Leader thereof, shall each appoint to the Board one member to serve a term not exceeding one year, one member to serve a term not exceeding 2 years, and one member to serve a term not exceeding 3 years, with each initial appointed member's term expiring on June 30 of the appropriate year. Each successive term shall be 3 years, expiring on June 30 of the appropriate year. Initial and subsequent members shall serve until their successors are appointed and qualified. A vacancy shall be filled by the respective legislative leader by appointment for the unexpired portion of the term. Members shall select one of their number as chairman, who shall serve as chairman for 2 years.

(c) The Board shall meet as often as may be necessary and shall determine, upon a vote requiring at least 7 affirmative votes, the compensation for members of the General Assembly, judges, other than the county supplement, State's attorneys, other than the county supplement, other elected constitutional officers of State government, and certain appointed officers of State government.

In determining the compensation for each office, the Compensation Review Board shall consider the following factors:

(i) the skill required,

(ii) the time required,

(iii) the opportunity for other earned income,

(iv) the value of public services as performed in comparable states,

(v) the value of such services as performed in the private sector in Illinois and comparable states base on the responsibility and discretion required in the office,

(vi) the average consumer prices commonly know as the cost of living,

(vii) the overall compensation presently received by the public officials and all other benefits received,

(viii) the interests and welfare of the public and the financial ability of the State to meet these costs,

(ix) such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of such compensation.

The Board shall conduct public hearings prior to filing its report. At the public hearings, the Board shall allow interested persons to present their views and comments. The Board may prescribe reasonable rules for the conduct of public hearings, to prevent undue repetition.

The Board shall file an initial report with the House of Representatives, the Senate, the Comptroller, and the Secretary of State. Subsequent reports shall be filed therewith before April 1 in each even-numbered year thereafter, stating the annual salary for members of the General Assembly, other elected State constitutional officers, and certain appointed State officers, compensated State employees, and members of certain State departments, agencies, boards, and commissions whose terms begin in the next calendar year; the annual salary for State's attorneys; and the annual salary for the Auditor General and for Supreme Court, Appellate Court, Circuit Court, and Associate judges.

(d) The salary recommendations of the Compensation Review Board shall take effect in whole or proportionately only by adoption of a resolution by a record vote of a majority of members elected in each house of the General Assembly. The salary recommendations of the Compensation Review Board may not take effect unless each house of the General Assembly approves the recommendations, in whole or proportionately, within 30 days after receiving them. The General Assembly may not establish any statutory mechanism of any kind whereby the modification of the compensation of any elected official of State government takes effect without the approval of both houses of the General Assembly in the form of a record vote of a majority of members elected in each house. If the recommendations are not so approved, or if the Board fails to recommend a change in salary, the salary for the new term shall be the same as the salary in effect when the previous term ended.

(e) No modification of the salaries of any official to whom these provisions apply shall take effect until and unless an election at which members of the House of Representatives are elected shall have occurred.

(f) The General Assembly shall appropriate the funds necessary to pay the salaries set by the Board.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.