Illinois General Assembly - Full Text of HB6865
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Full Text of HB6865  93rd General Assembly



State of Illinois
2003 and 2004


Introduced 02/09/04, by George Scully Jr.


25 ILCS 115/4   from Ch. 63, par. 15.1

    Amends the General Assembly Compensation Act. Provides that equipment for which a member's office allowance may be expended does not include livestock.

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1     AN ACT concerning the General Assembly.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The General Assembly Compensation Act is amended
5 by 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
8 member of the House of Representatives is authorized to approve
9 the expenditure of not more than $61,000 per year and each
10 member of the Senate is authorized to approve the expenditure
11 of not more than $73,000 per year to pay for "personal
12 services", "contractual services", "commodities", "printing",
13 "travel", "operation of automotive equipment",
14 "telecommunications services", as defined in the State Finance
15 Act, and the compensation of one or more legislative assistants
16 authorized pursuant to this Section, in connection with his or
17 her legislative duties and not in connection with any political
18 campaign. On July 1, 2002 and on July 1 of each year
19 thereafter, the amount authorized per year under this Section
20 for each member of the Senate and each member of the House of
21 Representatives shall be increased by a percentage increase
22 equivalent to the lesser of (i) the increase in the designated
23 cost of living index or (ii) 5%. The designated cost of living
24 index is the index known as the "Employment Cost Index, Wages
25 and Salaries, By Occupation and Industry Groups: State and
26 Local Government Workers: Public Administration" as published
27 by the Bureau of Labor Statistics of the U.S. Department of
28 Labor for the calendar year immediately preceding the year of
29 the respective July 1st increase date. The increase shall be
30 added to the then current amount, and the adjusted amount so
31 determined shall be the annual amount beginning July 1 of the
32 increase year until July 1 of the next year. No increase under



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1 this provision shall be less than zero.
2     A member may purchase office equipment if the member
3 certifies to the Secretary of the Senate or the Clerk of the
4 House, as applicable, that the purchase price, whether paid in
5 lump sum or installments, amounts to less than would be charged
6 for renting or leasing the equipment over its anticipated
7 useful life. All such equipment must be purchased through the
8 Secretary of the Senate or the Clerk of the House, as
9 applicable, for proper identification and verification of
10 purchase. To the extent that the term "equipment" means
11 "equipment" as defined in Section 20 of the State Finance Act,
12 "equipment" as used in this Section does not include livestock.
13     Each member of the General Assembly is authorized to employ
14 one or more legislative assistants, who shall be solely under
15 the direction and control of that member, for the purpose of
16 assisting the member in the performance of his or her official
17 duties. A legislative assistant may be employed pursuant to
18 this Section as a full-time employee, part-time employee, or
19 contractual employee, at the discretion of the member. If
20 employed as a State employee, a legislative assistant shall
21 receive employment benefits on the same terms and conditions
22 that apply to other employees of the General Assembly. Each
23 member shall adopt and implement personnel policies for
24 legislative assistants under his or her direction and control
25 relating to work time requirements, documentation for
26 reimbursement for travel on official State business,
27 compensation, and the earning and accrual of State benefits for
28 those legislative assistants who may be eligible to receive
29 those benefits. The policies shall also require legislative
30 assistants to periodically submit time sheets documenting, in
31 quarter-hour increments, the time spent each day on official
32 State business. The policies shall require the time sheets to
33 be submitted on paper, electronically, or both and to be
34 maintained in either paper or electronic format by the
35 applicable fiscal office for a period of at least 2 years.
36 Contractual employees may satisfy the time sheets requirement



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1 by complying with the terms of their contract, which shall
2 provide for a means of compliance with this requirement. A
3 member may satisfy the requirements of this paragraph by
4 adopting and implementing the personnel policies promulgated
5 by that member's legislative leader under the State Officials
6 and Employees Ethics Act with respect to that member's
7 legislative assistants.
8     As used in this Section the term "personal services" shall
9 include contributions of the State under the Federal Insurance
10 Contribution Act and under Article 14 of the Illinois Pension
11 Code. As used in this Section the term "contractual services"
12 shall not include improvements to real property unless those
13 improvements are the obligation of the lessee under the lease
14 agreement. Beginning July 1, 1989, as used in the Section, the
15 term "travel" shall be limited to travel in connection with a
16 member's legislative duties and not in connection with any
17 political campaign. Beginning on the effective date of this
18 amendatory Act of the 93rd General Assembly, as used in this
19 Section, the term "printing" includes, but is not limited to,
20 newsletters, brochures, certificates, congratulatory mailings,
21 greeting or welcome messages, anniversary or birthday cards,
22 and congratulations for prominent achievement cards. As used in
23 this Section, the term "printing" includes fees for
24 non-substantive resolutions charged by the Clerk of the House
25 of Representatives under subsection (c-5) of Section 1 of the
26 Legislative Materials Act. No newsletter or brochure that is
27 paid for, in whole or in part, with funds provided under this
28 Section may be printed or mailed during a period beginning
29 February 1 of the year of a general primary election and ending
30 the day after the general primary election and during a period
31 beginning September 1 of the year of a general election and
32 ending the day after the general election, except that such a
33 newsletter or brochure may be mailed during those times if it
34 is mailed to a constituent in response to that constituent's
35 inquiry concerning the needs of that constituent or questions
36 raised by that constituent. Nothing in this Section shall be



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1 construed to authorize expenditures for lodging and meals while
2 a member is in attendance at sessions of the General Assembly.
3     Any utility bill for service provided to a member's
4 district office for a period including portions of 2
5 consecutive fiscal years may be paid from funds appropriated
6 for such expenditure in either fiscal year.
7     If a vacancy occurs in the office of Senator or
8 Representative in the General Assembly, any office equipment in
9 the possession of the vacating member shall transfer to the
10 member's successor; if the successor does not want such
11 equipment, it shall be transferred to the Secretary of the
12 Senate or Clerk of the House of Representatives, as the case
13 may be, and if not wanted by other members of the General
14 Assembly then to the Department of Central Management Services
15 for treatment as surplus property under the State Property
16 Control Act. Each member, on or before June 30th of each year,
17 shall conduct an inventory of all equipment purchased pursuant
18 to this Act. Such inventory shall be filed with the Secretary
19 of the Senate or the Clerk of the House, as the case may be.
20 Whenever a vacancy occurs, the Secretary of the Senate or the
21 Clerk of the House, as the case may be, shall conduct an
22 inventory of equipment purchased.
23     In the event that a member leaves office during his or her
24 term, any unexpended or unobligated portion of the allowance
25 granted under this Section shall lapse. The vacating member's
26 successor shall be granted an allowance in an amount, rounded
27 to the nearest dollar, computed by dividing the annual
28 allowance by 365 and multiplying the quotient by the number of
29 days remaining in the fiscal year.
30     From any appropriation for the purposes of this Section for
31 a fiscal year which overlaps 2 General Assemblies, no more than
32 1/2 of the annual allowance per member may be spent or
33 encumbered by any member of either the outgoing or incoming
34 General Assembly, except that any member of the incoming
35 General Assembly who was a member of the outgoing General
36 Assembly may encumber or spend any portion of his annual



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1 allowance within the fiscal year.
2     The appropriation for the annual allowances permitted by
3 this Section shall be included in an appropriation to the
4 President of the Senate and to the Speaker of the House of
5 Representatives for their respective members. The President of
6 the Senate and the Speaker of the House shall voucher for
7 payment individual members' expenditures from their annual
8 office allowances to the State Comptroller, subject to the
9 authority of the Comptroller under Section 9 of the State
10 Comptroller Act.
11 (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)