101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4469

 

Introduced 2/3/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 145/2
50 ILCS 145/3
50 ILCS 145/25

    Amends the Local Government Officer Compensation Act. Makes the Act applicable to both elected and appointed officers (rather than only elected officers) of school districts and units of local government. Limits home rule powers.


LRB101 16439 AWJ 65818 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4469LRB101 16439 AWJ 65818 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Government Officer Compensation Act is
5amended by changing Sections 2, 3, and 25 as follows:
 
6    (50 ILCS 145/2)
7    Sec. 2. Time of fixing compensation. Notwithstanding any
8other law to the contrary, the compensation of elected or
9appointed officers of school districts and units of local
10government, including home rule units, which compensation is to
11be fixed by that school district or unit of local government,
12shall be fixed at least 180 days before the beginning of the
13terms of the officers whose compensation is to be fixed.
14(Source: P.A. 89-405, eff. 11-8-95.)
 
15    (50 ILCS 145/3)
16    Sec. 3. Preemption. A home rule unit may not fix the
17compensation of elected or appointed officers of that unit of
18local government in a manner inconsistent with this Act. This
19Act is a limitation under subsection (i) of Section 6 of
20Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.

 

 

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1(Source: P.A. 89-405, eff. 11-8-95.)
 
2    (50 ILCS 145/25)
3    Sec. 25. Elected or appointed official salary.
4    (a) Notwithstanding the provision of any other law to the
5contrary, an elected or appointed officer of a unit of local
6government that is a participating employer under the Illinois
7Municipal Retirement Fund shall not receive any salary or other
8compensation from the unit of local government if the member is
9receiving pension benefits from the Illinois Municipal
10Retirement Fund under Article 7 of the Illinois Pension Code
11for the elected or appointed official's service in that same
12elected or appointed position. If an elected or appointed
13officer is receiving benefits from the Illinois Municipal
14Retirement Fund on August 23, 2019 (the effective date of
15Public Act 101-544), the elected or appointed official's salary
16and compensation shall be reduced to zero at the beginning of
17the member's next term if the member is still receiving such
18pension benefits.
19    (b) This Section does not apply to a unit of local
20government that has adopted an ordinance or resolution
21effective prior to January 1, 2019 that: (i) reduces the
22compensation of an elected or appointed official of the unit of
23local government who is receiving pension benefits from the
24Illinois Municipal Retirement Fund under Article 7 of the
25Illinois Pension Code for his or her service as an elected or

 

 

HB4469- 3 -LRB101 16439 AWJ 65818 b

1appointed official in the same elected or appointed position of
2that unit of local government; and (ii) changes the official's
3position to part-time.
4(Source: P.A. 101-544, eff. 8-23-19; 101-610, eff. 1-1-20.)