HB3861 101ST GENERAL ASSEMBLY

LRB101 12966 RJF 61802 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3861

Introduced 10/17/2019, by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

25 ILCS 10/20 new
25 ILCS 115/1	from Ch. 63, par. 14
25 ILCS 120/7 new

Amends the General Assembly Operations Act. Provides that any member of the General Assembly who sponsors or co-sponsors an amendment to the Illinois Constitution that provides for the implementation of General Assembly member term limits shall immediately be bound by the terms of that amendment upon sponsorship of such amendment, which shall include prior time served in office by that member, regardless of whether the provisions of that amendment exclude time served in office. Provides that if a member has reached his or her mandated term limit due to prior time served in office, but has time remaining on his or her current term of office, he or she shall be allowed to serve the remainder of his or her current term of office. Amends the General Assembly Compensation Act. Provides that a member of the General Assembly may, prior to being sworn into office, elect to reject any travel reimbursement provided under the Act. Provides that once a member elects to reject travel reimbursement, he or she shall not be eligible to receive travel reimbursement for current and future terms of office. Provides that any moneys received by a member for purposes of travel reimbursement may be repaid to the State. Amends the Compensation Review Act. Provides that members of the General Assembly and executive branch constitutional officers may, prior to being sworn into office, elect not to receive any increase in compensation that would otherwise apply based on a cost of living adjustment. Provides that once a member of the General Assembly or an executive branch constitutional officer elects not to receive a cost of living adjustment, he or she shall not be eligible to receive a cost of living adjustment for current and future terms of office. Provides that any increase in compensation received as a cost of living adjustment by a member of the General Assembly or an executive branch constitutional officer may be repaid to the State.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The General Assembly Operations Act is amended by adding Section 20 as follows:

(25 ILCS 10/20 new)

Sec. 20. Term limit sponsorship. Any member of the General Assembly who sponsors or co-sponsors an amendment to the Illinois Constitution that provides for the implementation of General Assembly member term limits shall immediately be bound by the terms of that amendment upon sponsorship of such amendment, which shall include prior time served in office by that member, regardless of whether the provisions of that amendment exclude time served in office. If a member under this Section has reached his or her mandated term limit due to prior time served in office, but has time remaining on his or her current term of office, he or she shall be allowed to serve the remainder of his or her current term of office.

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. 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; 5 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; and beginning fiscal year 2020 the majority leader in the Senate, an amount equal to the majority leader in the House. 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. For fiscal year 2011 and for session days in fiscal years 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 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.

Notwithstanding any other provision of law to the contrary, beginning in fiscal year 2012, travel reimbursement for General Assembly members on non-session days shall be calculated using the guidelines set forth by the Legislative Travel Control Board, except that fiscal year 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement is set at a rate of $0.39 per mile.

A member may, prior to being sworn into office, elect to reject any travel reimbursement provided under this Section. Once a member elects to reject travel reimbursement, he or she shall not be eligible to receive travel reimbursement under this Section for the remainder of his or her elected term of office or for any subsequent term of office for which he or she may be elected to the same house of the General Assembly. Any moneys received by a member for purposes of travel reimbursement may voluntarily be repaid by a member to the State in a manner prescribed by the Comptroller.

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. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)

Section 15. The Compensation Review Act is amended by adding Section 7 as follows:

(25 ILCS 120/7 new)

Sec. 7. COLA opt-out. Notwithstanding any provision of law to the contrary, members of the General Assembly and executive branch constitutional officers of State government may, prior to being sworn into office, elect not to 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. Once a member of the General Assembly or an executive branch constitutional officer elects not to receive a cost of living adjustment, he or she shall not be eligible to receive a cost of living adjustment for the remainder of his or her elected term of office or for any subsequent term of office for which he or she may be elected to the same office. Any increase in compensation received as a cost of living adjustment by a member of the General Assembly or an executive branch constitutional officer may voluntarily be repaid by a member or an officer to the State in a manner prescribed by the Comptroller.