093_SB0100eng SB100 Engrossed LRB093 02843 JAM 02859 b 1 AN ACT concerning compensation of public officials. 2 WHEREAS, The General Assembly finds that: 3 (a) Senate Joint Resolution 192 of the 86th General 4 Assembly was intended to provide for the payment of annual 5 cost-of-living adjustments as a component of the salary of 6 judges and other public officials to which it pertains; and 7 (b) Section 5 of Public Act 92-607, effective June 28, 8 2002, provides that judges, among others, shall not receive 9 any increase in compensation based on a cost-of-living 10 adjustment, as authorized by Senate Joint Resolution 192, for 11 or during the fiscal year beginning July 1, 2002; and 12 (c) Article VI, Section 14, of the Illinois Constitution 13 provides that "Judges shall receive salaries provided by law 14 which shall not be diminished to take effect during their 15 terms of office"; and 16 (d) Section 5 of Public Act 92-607, as applied to 17 judges, in withholding payment of a component of judicial 18 compensation, does not comport with the provisions of Article 19 VI, Section 14, of the Illinois Constitution; and 20 (e) It is in the public interest to defer the next 21 report of the Compensation Review Board that otherwise would 22 be filed in 2004 for an additional period of one year, 23 requiring the Board to file its next report in 2005 and to 24 file subsequent reports every 2 years; therefore 25 Be it enacted by the People of the State of Illinois, 26 represented in the General Assembly: 27 Section 5. The Compensation Review Act is amended by 28 changing Sections 4 and 5.5 as follows: 29 (25 ILCS 120/4) (from Ch. 63, par. 904) SB100 Engrossed -2- LRB093 02843 JAM 02859 b 1 Sec. 4. Meetings of the Board; determining compensation; 2 public hearings; reports. The Board shall meet as often as 3 may be necessary and shall determine, upon a vote requiring 4 at least 7 affirmative votes, the compensation for members of 5 the General Assembly, judges, other than the county 6 supplement, State's attorneys, other than the county 7 supplement, the elected constitutional officers of State 8 government, and certain appointed officers of State 9 government. 10 In determining the compensation for each office, the 11 Compensation Review Board shall consider the following 12 factors: 13 (a) the skill required, 14 (b) the time required, 15 (c) the opportunity for other earned income, 16 (d) the value of public services as performed in 17 comparable states, 18 (e) the value of such services as performed in the 19 private sector in Illinois and comparable states based on 20 the responsibility and discretion required in the office, 21 (f) the average consumer prices commonly known as 22 the cost of living, 23 (g) the overall compensation presently received by 24 the public officials and all other benefits received, 25 (h) the interests and welfare of the public and the 26 financial ability of the State to meet those costs, and 27 (i) such other factors, not confined to the 28 foregoing, which are normally or traditionally taken into 29 consideration in the determination of such compensation. 30 The Board shall conduct public hearings prior to filing 31 its report. 32 At the public hearings, the Board shall allow interested 33 persons to present their views and comments. The Board may 34 prescribe reasonable rules for the conduct of public SB100 Engrossed -3- LRB093 02843 JAM 02859 b 1 hearings, to prevent undue repetition. The meetings of the 2 Board are subject to the Open Meetings Act. 3 The Board shall file an initial report with the House of 4 Representatives, the Senate, the Comptroller and the 5 Secretary of State. No report shall be filed in 2004. 6SubsequentReports shall be filed therewith before April 1 in 7 each odd-numberedeven-numberedyear thereafter stating the 8 annual salary for members of the General Assembly, the 9 elected State constitutional officers and certain appointed 10 State officers and compensated employees and members of 11 certain State departments, agencies, boards and commissions 12 whose terms begin in the next calendar year; the annual 13 salary for State's attorneys; and the annual salary for the 14 Auditor General and for Supreme Court, Appellate Court, 15 Circuit Court and Associate judges. If the report increases 16 the annual salary of judges, State's attorneys, and the 17 Auditor General, such increase shall take effect as soon as 18 the time period for disapproval or reduction, as provided in 19 subsection (b) of Section 5, has expired. 20 The salaries in the report or as reduced by the General 21 Assembly, other than for judges, State's attorneys, and the 22 Auditor General, shall take effect as provided by law. 23 (Source: P.A. 90-375, eff. 8-14-97; 91-798, eff. 7-9-00.) 24 (25 ILCS 120/5.5) 25 Sec. 5.5. FY03 COLA's prohibited. Notwithstanding any 26 provision of this Act, any other law, or any resolution of 27 the General Assembly to the contrary, members of the General 28 Assembly,judges, other than the county supplement,State's 29 attorneys, other than the county supplement, the elected 30 constitutional officers of State government, and certain 31 appointed officers of State government, including members of 32 State departments, agencies, boards, and commissions whose 33 annual compensation is determined by the Board, are SB100 Engrossed -4- LRB093 02843 JAM 02859 b 1 prohibited from receiving and shall not receive any increase 2 in compensation based on a cost of living adjustment, as 3 authorized by Senate Joint Resolution 192 of the 86th General 4 Assembly, for or during the fiscal year beginning July 1, 5 2002. 6 Notwithstanding the provisions of Public Act 92-607 or 7 any other law, the cost-of-living adjustment otherwise 8 authorized by Senate Joint Resolution 192 of the 86th General 9 Assembly for judges shall be deemed to have taken effect for 10 the fiscal year beginning July 1, 2002 and shall be payable. 11 (Source: P.A. 92-607, eff. 6-28-02.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.