093_SB0100sam003
LRB093 02843 JAM 13590 a
1 AMENDMENT TO SENATE BILL 100
2 AMENDMENT NO. . Amend Senate Bill 100, AS AMENDED,
3 by replacing everything before the enacting clause with the
4 following:
5 "AN ACT concerning the compensation of public officials.
6 WHEREAS, The General Assembly finds that:
7 (a) Senate Joint Resolution 192 of the 86th General
8 Assembly was intended to provide for the payment of annual
9 cost-of-living adjustments as a component of the salary of
10 judges, the Auditor General, and other public officials to
11 which it pertains; and
12 (b) Section 5 of Public Act 92-607, effective June 28,
13 2002, provides that judges and the Auditor General, among
14 others, shall not receive any increase in compensation based
15 on a cost-of-living adjustment, as authorized by Senate Joint
16 Resolution 192, for or during the fiscal year beginning July
17 1, 2002; and
18 (c) Article VI, Section 14, of the Illinois Constitution
19 provides that "Judges shall receive salaries provided by law
20 which shall not be diminished to take effect during their
21 terms of office"; and
22 (d) Section 3 of Article VIII of the Illinois
23 Constitution prohibits any decrease in the compensation of
24 the Auditor General during his or her term of office; and
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1 (e) Section 5 of Public Act 92-607, as applied to judges
2 and the Auditor General, in withholding payment of a
3 component of compensation, does not comport with the
4 provisions of Article VI, Section 14, and Article VIII,
5 Section 3, of the Illinois Constitution; and
6 (f) It is in the public interest to defer the next
7 report of the Compensation Review Board that otherwise would
8 be filed in 2004 for an additional period of one year,
9 requiring the Board to file its next report in 2005 and to
10 file subsequent reports every 2 years; therefore"; and
11 by replacing everything after the enacting clause with the
12 following:
13 "Section 5. The Compensation Review Act is amended by
14 changing Sections 4 and 5.5 as follows:
15 (25 ILCS 120/4) (from Ch. 63, par. 904)
16 Sec. 4. Meetings of the Board; determining compensation;
17 public hearings; reports. The Board shall meet as often as
18 may be necessary and shall determine, upon a vote requiring
19 at least 7 affirmative votes, the compensation for members of
20 the General Assembly, judges, other than the county
21 supplement, State's attorneys, other than the county
22 supplement, the elected constitutional officers of State
23 government, and certain appointed officers of State
24 government.
25 In determining the compensation for each office, the
26 Compensation Review Board shall consider the following
27 factors:
28 (a) the skill required,
29 (b) the time required,
30 (c) the opportunity for other earned income,
31 (d) the value of public services as performed in
32 comparable states,
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1 (e) the value of such services as performed in the
2 private sector in Illinois and comparable states based on
3 the responsibility and discretion required in the office,
4 (f) the average consumer prices commonly known as
5 the cost of living,
6 (g) the overall compensation presently received by
7 the public officials and all other benefits received,
8 (h) the interests and welfare of the public and the
9 financial ability of the State to meet those costs, and
10 (i) such other factors, not confined to the
11 foregoing, which are normally or traditionally taken into
12 consideration in the determination of such compensation.
13 The Board shall conduct public hearings prior to filing
14 its report.
15 At the public hearings, the Board shall allow interested
16 persons to present their views and comments. The Board may
17 prescribe reasonable rules for the conduct of public
18 hearings, to prevent undue repetition. The meetings of the
19 Board are subject to the Open Meetings Act.
20 The Board shall file an initial report with the House of
21 Representatives, the Senate, the Comptroller and the
22 Secretary of State. No report shall be filed in 2004.
23 Subsequent Reports shall be filed therewith before April 1 in
24 each odd-numbered even-numbered year thereafter stating the
25 annual salary for members of the General Assembly, the
26 elected State constitutional officers and certain appointed
27 State officers and compensated employees and members of
28 certain State departments, agencies, boards and commissions
29 whose terms begin in the next calendar year; the annual
30 salary for State's attorneys; and the annual salary for the
31 Auditor General and for Supreme Court, Appellate Court,
32 Circuit Court and Associate judges. If the report increases
33 the annual salary of judges, State's attorneys, and the
34 Auditor General, such increase shall take effect as soon as
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1 the time period for disapproval or reduction, as provided in
2 subsection (b) of Section 5, has expired.
3 The salaries in the report or as reduced by the General
4 Assembly, other than for judges, State's attorneys, and the
5 Auditor General, shall take effect as provided by law.
6 (Source: P.A. 90-375, eff. 8-14-97; 91-798, eff. 7-9-00.)
7 (25 ILCS 120/5.5)
8 Sec. 5.5. FY03 COLA's prohibited. Notwithstanding any
9 provision of this Act, any other law, or any resolution of
10 the General Assembly to the contrary, members of the General
11 Assembly, judges, other than the county supplement, State's
12 attorneys, other than the county supplement, the elected
13 constitutional officers of State government, and certain
14 appointed officers of State government, including members of
15 State departments, agencies, boards, and commissions whose
16 annual compensation is determined by the Board, are
17 prohibited from receiving and shall not receive any increase
18 in compensation based on a cost of living adjustment, as
19 authorized by Senate Joint Resolution 192 of the 86th General
20 Assembly, for or during the fiscal year beginning July 1,
21 2002.
22 Notwithstanding the provisions of Public Act 92-607 or
23 any other law, the cost-of-living adjustment otherwise
24 authorized by Senate Joint Resolution 192 of the 86th General
25 Assembly for judges and the Auditor General shall be deemed
26 to have taken effect for the fiscal year beginning July 1,
27 2002 and shall be payable.
28 (Source: P.A. 92-607, eff. 6-28-02.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".