HB0046 94TH GENERAL ASSEMBLY

LRB094 04152 JAM 34173 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0046

Introduced 1/3/2005, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

5 ILCS 290/3	from Ch. 53, par. 3
5 ILCS 290/3.1	from Ch. 53, par. 3.1
5 ILCS 290/3.2	from Ch. 53, par. 3.2
5 ILCS 290/3.3	from Ch. 53, par. 3.3
5 ILCS 290/3.4 new
25 ILCS 120/4	from Ch. 63, par. 904
25 ILCS 120/5.10 new

Amends the Salaries Act and the Compensation Review Act. Provides that the Compensation Review Board shall not recommend the compensation of judges. Authorizes the General Assembly to set the compensation of judges by law. Provides that judges shall not receive cost-of-living adjustments as authorized by Senate Joint Resolution 192 of the 86th General Assembly, beginning with terms beginning on or after the first Monday in December 2014 (for Supreme Court judges), 2012 (for Appellate Court judges), 2010 (for Circuit Court judges), and 2008 (for associate judges). Permits judges for those terms to receive cost-of-living adjustments provided by law by the General Assembly.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

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

Section 5. The Salaries Act is amended by changing Sections 3, 3.1, 3.2, and 3.3 and by adding Section 3.4 as follows:

(5 ILCS 290/3) (from Ch. 53, par. 3)

Sec. 3. Salaries of Judges of the Supreme Court. From July 1, 1982 through June 30, 1983, the annual salary of each judge of the Supreme Court shall be $66,500, to be paid out of the State Treasury. From On and after July 1, 1983 until the effective date of this amendatory Act of the 94th General Assembly, the annual salary of each judge of the Supreme Court shall be $75,000, or as set by the Compensation Review Board, whichever is greater, to be paid out of the State Treasury. On and after the effective date of this amendatory Act of the 94th General Assembly, the annual salary of each judge of the Supreme Court shall be as provided in Section 3.4, to be paid out of the State treasury.

(Source: P.A. 86-1028.)

(5 ILCS 290/3.1) (from Ch. 53, par. 3.1)

Sec. 3.1. Salaries of Judges of the Appellate Court. From July 1, 1982 through June 30, 1983, the annual salary of each judge of the Appellate Court shall be $61,500, to be paid out of the State Treasury. From On and after July 1, 1983 until the effective date of this amendatory Act of the 94th General Assembly, the annual salary of each judge of the Appellate Court shall be $70,000, or as set by the Compensation Review Board, whichever is greater, to be paid out of the State Treasury. On and after the effective date of this amendatory Act of the 94th General Assembly, the annual salary of each judge of the Appellate Court shall be as provided in Section 3.4, to be paid out of the State treasury.

(Source: P.A. 86-1028.)

(5 ILCS 290/3.2) (from Ch. 53, par. 3.2)

Sec. 3.2. Salaries of Judges of the Circuit Court. From July 1, 1982 through June 30, 1983, each judge of the Circuit Court shall receive and be paid out of the State Treasury an annual salary of $57,500. From On and after July 1, 1983 until the effective date of this amendatory Act of the 94th General Assembly, each judge of the Circuit Court shall receive and be paid out of the State Treasury an annual salary of $65,000, or an amount set by the Compensation Review Board, whichever is greater. On and after the effective date of this amendatory Act of the 94th General Assembly, each judge of the Circuit Court shall receive and be paid out of the State treasury an annual salary as provided in Section 3.4. The judges of the Circuit Court in the Judicial Court constituted by the First Judicial District and in other Judicial circuits composed of a single county shall each be paid by the county in which their circuit lies an additional salary of $500 per year. Such additional salary shall be paid in installments by the County Clerk, at the end of each half month, by drawing a warrant therefor in favor of each of the judges on the County Treasurer who shall pay the same on presentation properly endorsed.

The judges of Circuit Courts, other than those of the Circuit Court in the Judicial Court constituted by the First Judicial District and those in any other Judicial circuit composed of a single county, shall each be paid out of the State Treasury an additional salary of $500 per year.

The counties in each Judicial circuit, other than the Circuit Court in the Judicial Court constituted by the First Judicial District and any Judicial circuit composed of a single county, shall reimburse the State Treasury for each additional $500 salary paid to judges of their Circuit Courts. The sums to be paid by the counties in each such circuit shall be computed by the Supreme Court and shall be apportioned among those counties in accordance with their respective populations compared with the total population of all counties within the same circuit. The population of each county shall be determined by the last federal census immediately preceding such reimbursement. Each county shall pay its portion of reimbursement not later than the last day of March in the year immediately following such additional salary payment by the State.

(Source: P.A. 86-1028; 86-1447.)

(5 ILCS 290/3.3) (from Ch. 53, par. 3.3)

Sec. 3.3. Salaries of Associate Judges of the Circuit Court.

(a) In Judicial Circuits each associate judge shall be paid out of the State Treasury an annual salary as follows: from July 1, 1982 through June 30, 1983, $52,500; from on and after July 1, 1983 until the effective date of this amendatory Act of the 94th General Assembly, $60,000, or an amount set by the Compensation Review Board, whichever is greater; on and after the effective date of this amendatory Act of the 94th General Assembly, as provided in Section 3.4. In such judicial circuits which are composed of a single county, each associate judge shall be paid by the county in which such circuit lies an additional salary of $500 per year. Such additional salary shall be paid in installments by the County Clerk, at the end of each half month, by drawing a warrant therefor in favor of each of the associate judges on the County Treasurer who shall pay the same on presentation properly endorsed.

(b) In the Judicial Circuit constituted by the First Judicial District, each associate judge shall be paid out of the State Treasury an annual salary as follows: from July 1, 1982 through June 30, 1983, $52,500; from on and after July 1, 1983 until the effective date of this amendatory Act of the 94th General Assembly, $60,000, or an amount set by the Compensation Review Board, whichever is greater; on and after the effective date of this amendatory Act of the 94th General Assembly, as provided in Section 3.4. In addition to this annual amount, each such associate judge shall be paid by the county in which such Circuit lies, an additional salary of $500 per year. Such additional salary shall be paid in installments by the County Clerk, at the end of each half month, by drawing a warrant therefor in favor of each of the judges on the County Treasurer who shall pay the same on presentation properly endorsed.

Associate judges, other than those of the Circuit Court in the Judicial Court constituted by the First Judicial District and those in any other Judicial circuit composed of a single county, shall each be paid out of the State Treasury an additional salary of $500 per year.

The counties in each Judicial circuit, other than the Circuit Court in the Judicial Court constituted by the First Judicial District and any Judicial circuit composed of a single county, shall reimburse the State Treasury for each additional $500 salary paid to associate judges of their Circuit Courts. The sums to be paid by the counties in each such circuit shall be computed by the Supreme Court and shall be apportioned among those counties in accordance with their respective populations compared with the total population of all counties within the same circuit. The population of each county shall be determined by the last federal census immediately preceding such reimbursement. Each county shall pay its portion of reimbursement not later than the last day of March in the year immediately following such additional salary payment by the State.

(Source: P.A. 86-1028; 86-1447.)

(5 ILCS 290/3.4 new)

Sec. 3.4. Salaries of judges.

(a) On and after the effective date of this amendatory Act of the 94th General Assembly, the annual compensation of judges shall be the amount in effect on the effective date of this amendatory Act of the 94th General Assembly except as provided in this Section and unless a different amount is set by the General Assembly by law.

(b) With respect to terms of Illinois Supreme Court judges beginning before the first Monday in December 2014, those judges shall receive cost-of-living adjustments to their compensation as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Beginning with terms beginning on or after the first Monday in December 2014, Illinois Supreme Court judges shall receive only those cost-of-living adjustments provided by the General Assembly by law enacted after the effective date of this amendatory Act of the 94th General Assembly.

(c) With respect to terms of Illinois Appellate Court judges beginning before the first Monday in December 2012, those judges shall receive cost-of-living adjustments to their compensation as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Beginning with terms beginning on or after the first Monday in December 2012, Illinois Appellate Court judges shall receive only those cost-of-living adjustments provided by the General Assembly by law enacted after the effective date of this amendatory Act of the 94th General Assembly.

(d) With respect to terms of Illinois Circuit Court judges beginning before the first Monday in December 2010, those judges shall receive cost-of-living adjustments to their compensation as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Beginning with terms beginning on or after the first Monday in December 2010, Illinois Circuit Court judges shall receive only those cost-of-living adjustments provided by the General Assembly by law enacted after the effective date of this amendatory Act of the 94th General Assembly.

(e) With respect to terms of Illinois associate judges beginning before the first Monday in December 2008, those judges shall receive cost-of-living adjustments to their compensation as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Beginning with terms beginning on or after the first Monday in December 2008, Illinois associate judges shall receive only those cost-of-living adjustments provided by the General Assembly by law enacted after the effective date of this amendatory Act of the 94th General Assembly.

(f) As used in this Section, "terms" includes terms resulting both from election and from retention.

Section 10. The Compensation Review Act is amended by changing Section 4 and adding Section 5.10 as follows:

(25 ILCS 120/4) (from Ch. 63, par. 904)

Sec. 4. Meetings of the Board; determining compensation; public hearings; reports. The Board shall meet as often as may be necessary and shall determine, upon a vote requiring at least 7 affirmative votes, the compensation for members of the General Assembly, judges, other than the county supplement, State's attorneys, other than the county supplement, the elected constitutional officers of State government, and certain appointed officers of State government.

In determining the compensation for each office, the Compensation Review Board shall consider the following factors:

(a) the skill required,

(b) the time required,

(c) the opportunity for other earned income,

(d) the value of public services as performed in comparable states,

(e) the value of such services as performed in the private sector in Illinois and comparable states based on the responsibility and discretion required in the office,

(f) the average consumer prices commonly known as the cost of living,

(g) the overall compensation presently received by the public officials and all other benefits received,

(h) the interests and welfare of the public and the financial ability of the State to meet those costs, and

(i) such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of such compensation.

The Board shall conduct public hearings prior to filing its report.

At the public hearings, the Board shall allow interested persons to present their views and comments. The Board may prescribe reasonable rules for the conduct of public hearings, to prevent undue repetition. The meetings of the Board are subject to the Open Meetings Act.

The Board shall file an initial report with the House of Representatives, the Senate, the Comptroller and the Secretary of State. Subsequent reports shall be filed therewith before April 1 in each even-numbered year thereafter stating the annual salary for members of the General Assembly, the elected State constitutional officers and certain appointed State officers and compensated employees and members of certain State departments, agencies, boards and commissions whose terms begin in the next calendar year; the annual salary for State's attorneys; and the annual salary for the Auditor General and for Supreme Court, Appellate Court, Circuit Court and Associate judges. If the report increases the annual salary of judges, State's attorneys, and the Auditor General, such increase shall take effect as soon as the time period for disapproval or reduction, as provided in subsection (b) of Section 5, has expired.

The salaries in the report or as reduced by the General Assembly, other than for judges, State's attorneys, and the Auditor General, shall take effect as provided by law.

(Source: P.A. 90-375, eff. 8-14-97; 91-798, eff. 7-9-00.)

(25 ILCS 120/5.10 new)

Sec. 5.10. Compensation of judges. The Compensation Review Board shall not recommend the compensation of judges.