SB0260sam003 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 5/4/2011

09700SB0260sam003 LRB097 04069 HLH 55122 a

AMENDMENT TO SENATE BILL 260

AMENDMENT NO. ______. Amend Senate Bill 260 by replacing everything after the enacting clause with the following:

"Section 5. The General Assembly Compensation Act is amended by changing Section 1 and by adding Section 1.7 as follows:

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

Sec. 1. 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. 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 actual cost of that transportation instead of on the mileage rate if his cost of public transportation exceeds the amount to which he 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 and for session days in fiscal year 2012 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.

In fiscal year 2012, travel reimbursement for General Assembly members on non-session days shall be calculated using the guidelines set forth by the Travel Regulation Council for employees of the General Assembly.

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.)

(25 ILCS 115/1.7 new)

Sec. 1.7. FY12 furlough days. During each month of the fiscal year beginning July 1, 2011, every member of the 97th General Assembly is mandatorily required to forfeit one day of compensation. The State Comptroller shall deduct the equivalent of 1/261st of the annual salary of each member of the 97th General Assembly from the compensation of that member in each month of the fiscal year. For purposes of this Section, annual compensation includes compensation paid to each member by the State for one year of service pursuant to Section 1, except any payments made for mileage and allowances for travel and meals. The forfeiture required by this Section is not considered a change in salary and shall not impact pension or other benefits provided to members of the General Assembly.

Section 10. The Compensation Review Act is amended by changing Sections 2.1 and 5.7 and by adding Section 5.8 as follows:

(25 ILCS 120/2.1)

Sec. 2.1. "Set by Compensation Review Board"; meaning. If salary or compensation is provided by law as set by the Compensation Review Board, then that means the salary or compensation in effect on the effective date of this amendatory Act of the 96th General Assembly and as provided in Sections 5.6, 5.7, and 5.8 Section 5.6 of the Compensation Review Act.

(Source: P.A. 96-800, eff. 10-30-09.)

(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.

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

(25 ILCS 120/5.8 new)

Sec. 5.8. FY12 COLAs 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, 2011. That cost of living adjustment shall apply again in the fiscal year beginning July 1, 2012 and thereafter.

Section 15. The State Finance Act is amended by adding Section 14.3 as follows:

(30 ILCS 105/14.3 new)

Sec. 14.3. Fiscal year 2012 State officer compensation forfeiture.

(a) During the fiscal year beginning on July 1, 2011, each State officer listed in subsection (b) is required to forfeit one day of compensation each month. The State Comptroller shall deduct the equivalent of 1/261st of the annual compensation of each of those State officers that is paid from the General Revenue Fund from the compensation of that State officer in each month of the fiscal year. For purposes of this Section, annual compensation includes compensation paid to each of those State officers by the State for one year of service, except any payments made for mileage and allowances for travel and meals. The forfeiture required by this Section is not considered a change in salary and shall not impact pension or other benefits provided to those State officers.

(b) "State officers" for the purposes of subsection (a) are the following:

Governor;

Lieutenant Governor;

Secretary of State;

Attorney General;

Comptroller;

State Treasurer;

Department on Aging: Director;

Department of Agriculture: Director and Assistant Director;

Department of Central Management Services: Director and Assistant Directors;

Department of Children and Family Services: Director;

Department of Corrections: Director and Assistant Director;

Department of Commerce and Economic Opportunity: Director and Assistant Director;

Environmental Protection Agency: Director;

Department of Financial and Professional Regulation: Secretary and Directors;

Department of Human Services: Secretary and Assistant Secretaries;

Department of Insurance: Director and Assistant Director;

Department of Juvenile Justice: Director;

Department of Labor: Director, Assistant Director, Chief Factory Inspector, and Superintendent of Safety Inspection and Education;

Department of State Police: Director and Assistant Director;

Department of Military Affairs: Adjutant General and Chief Assistants to the Adjutant General;

Department of Natural Resources: Director, Assistant Director, Mine Officers, and Miners' Examining Officers;

Illinois Labor Relations Board: Chairman, State Labor Relations Board members, and Local Labor Relations Board members;

Department of Healthcare and Family Services: Director and Assistant Director;

Department of Public Health: Director and Assistant Director;

Department of Revenue: Director and Assistant Director;

Property Tax Appeal Board: Chairman and members;

Department of Veterans' Affairs: Director and Assistant Director;

Civil Service Commission: Chairman and members;

Commerce Commission: Chairman and members;

State Board of Elections: Chairman, Vice-Chairman, and members;

Illinois Emergency Management Agency: Director and Assistant Director;

Department of Human Rights: Director;

Human Rights Commission: Chairman and members;

Illinois Workers' Compensation Commission: Chairman and members;

Liquor Control Commission: Chairman, members, and Secretary;

Executive Ethics Commission: members;

Illinois Power Agency: Director;

Pollution Control Board: Chairman and members;

Prisoner Review Board: Chairman and members;

Secretary of State Merit Commission: Chairman and members;

Educational Labor Relations Board: Chairman and members;

Department of Transportation: Secretary and Assistant Secretary;

Office of Small Business Utility Advocate: small business utility advocate;

Executive Inspector General for the Office of the Governor;

Executive Inspector General for the Office of the Attorney General;

Executive Inspector General for the Office of the Secretary of State;

Executive Inspector General for the Office of the Treasurer;

Executive Inspector General for the Office of the Comptroller; and

Office of Auditor General: Auditor General and Deputy Auditors General.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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