SB3072 95TH GENERAL ASSEMBLY

LRB095 22798 JAM 53232 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3072

Introduced 11/12/2008, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

25 ILCS 120/2	from Ch. 63, par. 902
25 ILCS 120/3	from Ch. 63, par. 903
25 ILCS 120/4	from Ch. 63, par. 904
25 ILCS 120/5	from Ch. 63, par. 905

Amends the Compensation Review Act. Terminates the terms of the 12 current members of the Compensation Review Board and provides for appointment of 10 new members by the State executive branch constitutional officers (other than the Lieutenant Governor), the legislative leaders, and the Auditor General (now, appointed by the legislative leaders). Specifies additional qualifications for members and their terms. In recommending compensation, requires that the Board consider the current automatic cost-of-living adjustment. Requires that the Board evaluate all compensation factors openly at its public hearings and include its recommendations in its minutes. Requires that the Board maintain an official website and specifies its contents. Requires that the Board prepare and file a separate report with respect to each of the 3 branches of State government (now, the Board prepares and files one report). Provides that a Compensation Review Board report is effective if approved in whole or reduced by a resolution adopted by the General Assembly (now, effective unless disapproved in whole or reduced by a resolution adopted by the General Assembly). Removes an obsolete reference to the period for disapproval of the Board's initial report. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Compensation Review Act is amended by changing Sections 2, 3, 4, and 5 as follows:

(25 ILCS 120/2) (from Ch. 63, par. 902)

Sec. 2. Board established. The There is created the Compensation Review Board, hereinafter referred to as the Board, is created as an independent commission within the legislative branch of State government.

The Board shall consist of 10 l2 members. The terms of the members serving on the effective date of this amendatory Act of the 95th General Assembly are terminated. On and after the effective date of this amendatory Act of the 95th General Assembly, Board members shall be , appointed as follows: one each by the Governor, the Attorney General, the Secretary of State, the State Comptroller, the State Treasurer, 3 each by the Speaker of the House of Representatives, the Minority Leader thereof, the President of the Senate, and the Minority Leader thereof, and the Auditor General. Members shall be adults and be residents of Illinois. Members may not be members or employees or former members or employees of the judicial, executive, or legislative branch branches of State government; members may not be annuitants with a retirement system under Article 2, 14, 15, or 18 of the Illinois Pension Code; nor may members be persons registered under the Lobbyist Registration Act. Members of the Board shall be selected from among the following, and there must be at least one member appointed from each of the following: (i) an executive of a major corporation incorporated under the laws of Illinois; (ii) a small business owner; (iii) an officer or member of a labor organization; (iv) an expert in compensation (such as an economist, human resources manager, etc.); (v) a member of a non-profit public interest organization; or (vi) a representative of the general public. A Any member may not be reappointed for a consecutive term. The respective appointing authority legislative leader may remove any such appointed member prior to the expiration of his or her term on the Board for official misconduct, incompetence, or neglect of duty.

Members shall serve without compensation but shall receive an allowance for living expenses incurred in the performance of their official duties in an amount per day equal to the amount permitted to be deducted for such expenses by members of the General Assembly under the federal Internal Revenue Code, as now or hereafter amended. The rate for reimbursement of mileage expenses shall be equal to the amount established from time to time for members of the General Assembly.

The Board may, without regard to the Personnel Code, employ and fix the compensation or remuneration of employees and contract for personal and professional services as it considers necessary or desirable. The General Assembly shall appropriate to the Commission on Government Forecasting and Accountability the funds necessary to operate the Board, and the Commission shall prepare and submit vouchers on behalf of the Board and provide other fiscal services to the Board as the Board requests and directs; but the Commission shall not exercise any authority or control over the Board or its employees or contractors.

(Source: P.A. 94-839, eff. 6-6-06.)

(25 ILCS 120/3) (from Ch. 63, par. 903)

Sec. 3. Board terms; vacancies; chairperson. As soon as possible after the effective date of this amendatory Act of the 95th General Assembly, the appointing authorities shall appoint the Board members. As determined by lot, 3 of the initial members shall serve terms of 4 years, 3 of the initial members shall serve terms of 5 years, and 4 of the initial members shall serve terms of 6 years. Subsequent members shall serve terms of 6 years. Each member's term shall expire on June 30th of the appropriate year, but the member may serve until his or her successor is appointed and qualified. As soon as possible after the effective date of this Act, the Speaker of the House of Representatives, the Minority Leader thereof, the President of the Senate, and the Minority Leader thereof, shall each appoint to the Board one member to serve a term not exceeding one year, one member to serve a term not exceeding 2 years, and one member to serve a term not exceeding 3 years, with such respective appointed member's term expiring on June 30 of the appropriate year, or until their successors are appointed and qualified. Upon the expiration of each of the foregoing terms, the successors of such members shall serve a term for 3 years, expiring on June 30 of the appropriate year, or until their successors are appointed and qualified. A vacancy shall be filled by the respective appointing authority legislative leader and shall be for the unexpired portion of the vacant term. Members shall select one of their number as chairman who shall serve as chairman for 2 years.

(Source: P.A. 83-1177.)

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

Sec. 4. Meetings of the Board; determining compensation; public hearings; reports; website. The Board shall meet as often as may be necessary and shall recommend determine, upon a vote requiring at least 6 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 recommending 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, and the cost-of-living adjustment authorized by Senate Joint Resolution 192 of the 86th General Assembly,

(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 recommending compensation and filing its reports, at which the Board shall openly evaluate each criterion listed in items (a) through (i) 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, and the Board shall include each compensation recommendation in its minutes.

The Board shall file its reports 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. A report, referred to as the legislative branch report, shall include the Board's recommendations for thereafter stating the annual salaries salary for members of the General Assembly, the Auditor General, and certain appointed officers and employees of the legislative branch of State government. A report, referred to as the executive branch report, shall include the Board's recommendations for the annual salaries for the elected executive branch State constitutional officers, and certain executive branch appointed State officers and compensated employees, and members of certain executive branch State departments, agencies, boards, and commissions whose terms begin in the next calendar year. A report, referred to as the judicial branch report, shall include the Board's recommendations for ; the annual salaries 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 a the report recommends increasing increases the annual salary of judges, State's attorneys, or and the Auditor General, such increase shall take effect when the report is approved as soon as the time period for disapproval or reduction, as provided in subsection (b) of Section 5, has expired.

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

The Board shall establish and maintain an official website. The website shall include, but is not limited to, postings of (i) minutes of all Board meetings and (ii) notice of all scheduled Board meetings, including dates, times, and locations. A link to the Board's official website shall be included on the official website of each executive branch office, board, commission, or other entity with an official or employee for whom the Compensation Review Board is required to recommend compensation.

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

(25 ILCS 120/5) (from Ch. 63, par. 905)

Sec. 5. (a) If the Board fails to recommend a change in salary or the General Assembly does not approve a disapproves the report as provided in subsection (b), and a new term for any officer provided for in this Act begins, the salary for the new term shall be the same as the salary in effect when the previous term ended.

(b) The General Assembly may approve a disapprove the report of the Board in whole, or reduce it in whole proportionately, within 30 session days after each house of the legislature next convenes after the report is filed, by adoption of a resolution by a record vote of the majority of the members elected in each house directed to the Board. Such resolution shall be binding upon the Board. A resolution may approve or reduce no more than one report, and no more than one resolution may be adopted by a single vote.

A salary change recommended by the Board and included in one of its reports filed as provided in Section 4 shall not take effect unless approved or reduced by each house of the General Assembly as provided in this subsection.

For the initial report filed by the Board after this Act takes effect, the General Assembly may, by January 9, 1985, disapprove the report of the Board in whole, or reduce it in whole proportionately, after the report is filed, by the adoption of a resolution by a record vote of the majority of the members.

(Source: P.A. 83-1177.)

Section 99. Effective date. This Act takes effect upon becoming law.