SB1966 97TH GENERAL ASSEMBLY

LRB097 06838 KMW 46929 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1966

Introduced 2/10/2011, by Sen. Edward D. Maloney

SYNOPSIS AS INTRODUCED:

55 ILCS 5/2-3008	from Ch. 34, par. 2-3008
55 ILCS 5/2-3020 new
65 ILCS 5/3.1-50-5	from Ch. 24, par. 3.1-50-5
65 ILCS 5/3.1-50-10	from Ch. 24, par. 3.1-50-10
65 ILCS 5/3.1-50-30 new

Amends the Counties Code and the Illinois Municipal Code. Provides that beginning on January 1, 2012 and until January 1, 2017, the salaries of county board members and municipal officers may be diminished. Further provides that a county board member or a municipal officer may take up to 4 furlough days per calendar year, and the county or municipal treasurer, whichever is applicable, shall deduct the equivalent of 1/365th of the annual salary of each member or officer from the compensation of that member or officer once per quarter. Provides that the funds from the furlough days shall be transferred by the treasurer to the general fund of the county or municipality. Effective January 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 1. Findings. The General Assembly makes the following findings:

(1) The first decade of the 21st Century has proven to be one of nearly universal economic hardship.

(2) Illinois' counties and municipalities are not immune to the resulting fiscal difficulties.

(3) In turn, Illinois' counties and municipalities are asking their employees to do more with less.

(4) Officers of Illinois' counties and municipalities are specifically protected under the law from receiving a decrease in compensation.

(5) Therefore, it is the purpose of this legislation to address this inequity while maintaining the valuable and necessary services provided by Illinois' counties and municipalities.

Section 5. The Counties Code is amended by changing Section 2-3008 and by adding Section 2-3020 as follows:

(55 ILCS 5/2-3008) (from Ch. 34, par. 2-3008)

Sec. 2-3008. Determination of method of compensation of members of county board.

(a) This subsection applies until January 1, 2012 and on or after January 1, 2017. At the time it reapportions its county under this Division, the county board shall determine whether the salary to be paid the members to be elected shall be computed on a per diem basis, on an annual basis or on a combined per diem and annual basis, and shall fix the amount of that salary. If the county board desires before the next reapportionment to change the basis of payment or amount of compensation after fixing those items, it may do so by ordinance or by resolution. Those changes shall not however, take effect during the term for which an incumbent county board member has been elected. In addition, the county board shall determine the amount of any additional compensation for the chairman of the county board. The county board may adjust that additional compensation at any time adjustments in the salary of board members may be made. Those adjustments shall not however, take effect during the term for which the incumbent chairman of the county board has been elected.

(b) This subsection applies January 1, 2012 and until January 1, 2017. At the time it reapportions its county under this Division, the county board shall determine whether the salary to be paid the members to be elected shall be computed on a per diem basis, on an annual basis, or on a combined per diem and annual basis, and shall fix the amount of that salary. If the county board desires before the next reapportionment to change the basis of payment or amount of compensation after fixing those items, it may do so by ordinance or by resolution. The county board shall determine the amount of any additional compensation for the chairman of the county board. The county board may adjust that additional compensation at any time adjustments in the salary of board members may be made.

(Source: P.A. 86-962.)

(55 ILCS 5/2-3020 new)

Sec. 2-3020. Furlough days. During the calendar year beginning on January 1, 2012 and until January 1, 2017, every member of the county board may forfeit 4 days of compensation. If a county board member forfeits compensation, the county treasurer shall deduct the equivalent of 1/365th of the annual salary of each county board member from the compensation of that member once per quarter of the calendar year and transfer that amount to the general fund of the county.

Section 10. The Illinois Municipal Code is amended by changing Sections 3.1-50-5 and 3.1-50-10 and by adding Section 3.1-50-30 as follows:

(65 ILCS 5/3.1-50-5) (from Ch. 24, par. 3.1-50-5)

Sec. 3.1-50-5. Establishment.

(a) This subsection applies until January 1, 2012 and on or after January 1, 2017. All municipal officers, except as otherwise provided, shall receive the salary or other compensation that is fixed by ordinance. Salaries or other compensation shall not be increased or diminished so as to take effect during the term of any officer holding an elective office. The salaries, fees, or other compensation of any appointed municipal officer, not including those appointed to fill vacancies in elective offices, may be increased but not diminished so as to take effect during the term for which the officer was appointed.

(b) This subsection applies January 1, 2012 and until January 1, 2017. All municipal officers, except as otherwise provided, shall receive the salary or other compensation that is fixed by ordinance. Salaries or other compensation shall not be increased so as to take effect during the term of any officer holding an elective office. The salaries, fees, or other compensation of any appointed municipal officer, not including those appointed to fill vacancies in elective offices, may be increased so as to take effect during the term for which the officer was appointed.

(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)

Sec. 3.1-50-10. Fixing salaries.

(a) This subsection applies until January 1, 2012 and on or after January 1, 2017. The corporate authorities of a municipality may fix the salaries of all municipal officers and employees in the annual appropriation or budget ordinance. They may fix the salary of all officers who hold elective office for a definite term in an ordinance other than the appropriation or budget ordinance. The salaries that are fixed in the annual appropriation ordinance shall neither be increased nor diminished during the fiscal year for which the appropriation is made. The salaries that are fixed by ordinance for those officers who hold elective office for a definite term shall neither be increased nor diminished during that term and shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed.

(b) This subsection applies January 1, 2012 and until January 1, 2017. The corporate authorities of a municipality may fix the salaries of all municipal officers and employees in the annual appropriation or budget ordinance. They may fix the salary of all officers who hold elective office for a definite term in an ordinance other than the appropriation or budget ordinance. The salaries that are fixed in the annual appropriation ordinance shall not be increased during the fiscal year for which the appropriation is made. The salaries that are fixed by ordinance for those officers who hold elective office for a definite term shall not be increased during that term and shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed.

(Source: P.A. 90-210, eff. 7-25-97.)

(65 ILCS 5/3.1-50-30 new)

Sec. 3.1-50-30. Furlough days. During the calendar year beginning on January 1, 2012 and until January 1, 2017, every municipal officer may forfeit 4 days of compensation. If the municipal officer forfeits compensation, the municipal treasurer shall deduct the equivalent of 1/365th of the annual salary of each officer from the compensation of that officer once per quarter of the calendar year and transfer that amount to the general fund of the municipality.

Section 99. Effective date. This Act takes effect January 1, 2012.