97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3545

 

Introduced 2/8/2012, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 115/4  from Ch. 63, par. 15.1
30 ILCS 105/6z-93 new

    Amends the General Assembly Compensation Act and the State Finance Act. Provides, in both Acts, that, beginning in State fiscal year 2012, any amount that is appropriated in a fiscal year to provide office allowances for General Assembly members and that remains unexpended at the end of the lapse period shall be used by the Comptroller to pay the past due operating debt of the State. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3545LRB097 19821 JDS 65095 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The General Assembly Compensation Act is amended
5by changing Section 4 as follows:
 
6    (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
7    Sec. 4. Office allowance. Beginning July 1, 2001, each
8member of the House of Representatives is authorized to approve
9the expenditure of not more than $61,000 per year and each
10member of the Senate is authorized to approve the expenditure
11of not more than $73,000 per year to pay for "personal
12services", "contractual services", "commodities", "printing",
13"travel", "operation of automotive equipment",
14"telecommunications services", as defined in the State Finance
15Act, and the compensation of one or more legislative assistants
16authorized pursuant to this Section, in connection with his or
17her legislative duties and not in connection with any political
18campaign. On July 1, 2002 and on July 1 of each year
19thereafter, the amount authorized per year under this Section
20for each member of the Senate and each member of the House of
21Representatives shall be increased by a percentage increase
22equivalent to the lesser of (i) the increase in the designated
23cost of living index or (ii) 5%. The designated cost of living

 

 

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1index is the index known as the "Employment Cost Index, Wages
2and Salaries, By Occupation and Industry Groups: State and
3Local Government Workers: Public Administration" as published
4by the Bureau of Labor Statistics of the U.S. Department of
5Labor for the calendar year immediately preceding the year of
6the respective July 1st increase date. The increase shall be
7added to the then current amount, and the adjusted amount so
8determined shall be the annual amount beginning July 1 of the
9increase year until July 1 of the next year. No increase under
10this provision shall be less than zero.
11    A member may purchase office equipment if the member
12certifies to the Secretary of the Senate or the Clerk of the
13House, as applicable, that the purchase price, whether paid in
14lump sum or installments, amounts to less than would be charged
15for renting or leasing the equipment over its anticipated
16useful life. All such equipment must be purchased through the
17Secretary of the Senate or the Clerk of the House, as
18applicable, for proper identification and verification of
19purchase.
20    Each member of the General Assembly is authorized to employ
21one or more legislative assistants, who shall be solely under
22the direction and control of that member, for the purpose of
23assisting the member in the performance of his or her official
24duties. A legislative assistant may be employed pursuant to
25this Section as a full-time employee, part-time employee, or
26contractual employee, at the discretion of the member. If

 

 

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1employed as a State employee, a legislative assistant shall
2receive employment benefits on the same terms and conditions
3that apply to other employees of the General Assembly. Each
4member shall adopt and implement personnel policies for
5legislative assistants under his or her direction and control
6relating to work time requirements, documentation for
7reimbursement for travel on official State business,
8compensation, and the earning and accrual of State benefits for
9those legislative assistants who may be eligible to receive
10those benefits. The policies shall also require legislative
11assistants to periodically submit time sheets documenting, in
12quarter-hour increments, the time spent each day on official
13State business. The policies shall require the time sheets to
14be submitted on paper, electronically, or both and to be
15maintained in either paper or electronic format by the
16applicable fiscal office for a period of at least 2 years.
17Contractual employees may satisfy the time sheets requirement
18by complying with the terms of their contract, which shall
19provide for a means of compliance with this requirement. A
20member may satisfy the requirements of this paragraph by
21adopting and implementing the personnel policies promulgated
22by that member's legislative leader under the State Officials
23and Employees Ethics Act with respect to that member's
24legislative assistants.
25    As used in this Section the term "personal services" shall
26include contributions of the State under the Federal Insurance

 

 

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1Contribution Act and under Article 14 of the Illinois Pension
2Code. As used in this Section the term "contractual services"
3shall not include improvements to real property unless those
4improvements are the obligation of the lessee under the lease
5agreement. Beginning July 1, 1989, as used in the Section, the
6term "travel" shall be limited to travel in connection with a
7member's legislative duties and not in connection with any
8political campaign. Beginning on the effective date of this
9amendatory Act of the 93rd General Assembly, as used in this
10Section, the term "printing" includes, but is not limited to,
11newsletters, brochures, certificates, congratulatory mailings,
12greeting or welcome messages, anniversary or birthday cards,
13and congratulations for prominent achievement cards. As used in
14this Section, the term "printing" includes fees for
15non-substantive resolutions charged by the Clerk of the House
16of Representatives under subsection (c-5) of Section 1 of the
17Legislative Materials Act. No newsletter or brochure that is
18paid for, in whole or in part, with funds provided under this
19Section may be printed or mailed during a period beginning
20February 1 of the year of a general primary election and ending
21the day after the general primary election and during a period
22beginning September 1 of the year of a general election and
23ending the day after the general election, except that such a
24newsletter or brochure may be mailed during those times if it
25is mailed to a constituent in response to that constituent's
26inquiry concerning the needs of that constituent or questions

 

 

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1raised by that constituent. Nothing in this Section shall be
2construed to authorize expenditures for lodging and meals while
3a member is in attendance at sessions of the General Assembly.
4    Any utility bill for service provided to a member's
5district office for a period including portions of 2
6consecutive fiscal years may be paid from funds appropriated
7for such expenditure in either fiscal year.
8    If a vacancy occurs in the office of Senator or
9Representative in the General Assembly, any office equipment in
10the possession of the vacating member shall transfer to the
11member's successor; if the successor does not want such
12equipment, it shall be transferred to the Secretary of the
13Senate or Clerk of the House of Representatives, as the case
14may be, and if not wanted by other members of the General
15Assembly then to the Department of Central Management Services
16for treatment as surplus property under the State Property
17Control Act. Each member, on or before June 30th of each year,
18shall conduct an inventory of all equipment purchased pursuant
19to this Act. Such inventory shall be filed with the Secretary
20of the Senate or the Clerk of the House, as the case may be.
21Whenever a vacancy occurs, the Secretary of the Senate or the
22Clerk of the House, as the case may be, shall conduct an
23inventory of equipment purchased.
24    In the event that a member leaves office during his or her
25term, any unexpended or unobligated portion of the allowance
26granted under this Section shall lapse. The vacating member's

 

 

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1successor shall be granted an allowance in an amount, rounded
2to the nearest dollar, computed by dividing the annual
3allowance by 365 and multiplying the quotient by the number of
4days remaining in the fiscal year.
5    From any appropriation for the purposes of this Section for
6a fiscal year which overlaps 2 General Assemblies, no more than
71/2 of the annual allowance per member may be spent or
8encumbered by any member of either the outgoing or incoming
9General Assembly, except that any member of the incoming
10General Assembly who was a member of the outgoing General
11Assembly may encumber or spend any portion of his annual
12allowance within the fiscal year.
13    The appropriation for the annual allowances permitted by
14this Section shall be included in an appropriation to the
15President of the Senate and to the Speaker of the House of
16Representatives for their respective members. The President of
17the Senate and the Speaker of the House shall voucher for
18payment individual members' expenditures from their annual
19office allowances to the State Comptroller, subject to the
20authority of the Comptroller under Section 9 of the State
21Comptroller Act.
22    Nothing in this Section prohibits the expenditure of
23personal funds or the funds of a political committee controlled
24by an officeholder to defray the customary and reasonable
25expenses of an officeholder in connection with the performance
26of governmental and public service functions.

 

 

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1    Beginning in State fiscal year 2012, any portion of
2appropriations that are made to provide an office allowance
3under this Section and that remain unexpended at the end of the
4lapse period of that year shall be used by the Comptroller to
5pay the past due operating debt of the State.
6(Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09; 96-886,
7eff. 1-1-11.)
 
8    Section 10. The State Finance Act is amended by adding
9Section 6z-93 as follows:
 
10    (30 ILCS 105/6z-93 new)
11    Sec. 6z-93. Unexpended office allowances of General
12Assembly members. Beginning in State fiscal year 2012, any
13portion of appropriations that are made to provide an office
14allowance under Section 4 of the General Assembly Compensation
15Act and that remain unexpended at the end of the lapse period
16of that year shall be used by the Comptroller to pay the past
17due operating debt of the State.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.