093_SB0100enr

 
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 1        AN ACT concerning compensation of public officials.

 2        WHEREAS, The General Assembly finds that:

 3        (a)  Senate  Joint  Resolution  192  of  the 86th General
 4    Assembly was intended to provide for the  payment  of  annual
 5    cost-of-living  adjustments  as  a component of the salary of
 6    judges and other public officials to which it pertains; and
 7        (b)  Section 5 of Public Act 92-607, effective  June  28,
 8    2002,  provides  that judges, among others, shall not receive
 9    any  increase  in  compensation  based  on  a  cost-of-living
10    adjustment, as authorized by Senate Joint Resolution 192, for
11    or during the fiscal year beginning July 1, 2002; and
12        (c)  Article VI, Section 14, of the Illinois Constitution
13    provides that "Judges shall receive salaries provided by  law
14    which  shall  not  be  diminished to take effect during their
15    terms of office"; and
16        (d)  Section 5  of  Public  Act  92-607,  as  applied  to
17    judges,  in  withholding  payment  of a component of judicial
18    compensation, does not comport with the provisions of Article
19    VI, Section 14, of the Illinois Constitution; and
20        (e)  It is in the  public  interest  to  defer  the  next
21    report  of the Compensation Review Board that otherwise would
22    be filed in 2004  for  an  additional  period  of  one  year,
23    requiring  the  Board  to file its next report in 2005 and to
24    file subsequent reports every 2 years; therefore

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

27        Section  5.  The  Compensation  Review  Act is amended by
28    changing Sections 4 and 5.5 as follows:

29        (25 ILCS 120/4) (from Ch. 63, par. 904)
 
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 1        Sec. 4.  Meetings of the Board; determining compensation;
 2    public hearings; reports. The Board shall meet  as  often  as
 3    may  be  necessary and shall determine, upon a vote requiring
 4    at least 7 affirmative votes, the compensation for members of
 5    the  General  Assembly,  judges,  other   than   the   county
 6    supplement,   State's   attorneys,   other  than  the  county
 7    supplement, the  elected  constitutional  officers  of  State
 8    government,   and   certain   appointed   officers  of  State
 9    government.
10        In determining the  compensation  for  each  office,  the
11    Compensation   Review  Board  shall  consider  the  following
12    factors:
13             (a)  the skill required,
14             (b)  the time required,
15             (c)  the opportunity for other earned income,
16             (d)  the value of public services  as  performed  in
17        comparable states,
18             (e)  the  value of such services as performed in the
19        private sector in Illinois and comparable states based on
20        the responsibility and discretion required in the office,
21             (f)  the average consumer prices commonly  known  as
22        the cost of living,
23             (g)  the  overall compensation presently received by
24        the public officials and all other benefits received,
25             (h)  the interests and welfare of the public and the
26        financial ability of the State to meet those costs, and
27             (i)  such  other  factors,  not  confined   to   the
28        foregoing, which are normally or traditionally taken into
29        consideration in the determination of such compensation.
30        The  Board  shall conduct public hearings prior to filing
31    its report.
32        At the public hearings, the Board shall allow  interested
33    persons  to  present their views and comments.  The Board may
34    prescribe  reasonable  rules  for  the  conduct   of   public
 
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 1    hearings,  to  prevent undue repetition.  The meetings of the
 2    Board are subject to the Open Meetings Act.
 3        The Board shall file an initial report with the House  of
 4    Representatives,   the   Senate,   the  Comptroller  and  the
 5    Secretary of  State.  No  report  shall  be  filed  in  2004.
 6    Subsequent Reports shall be filed therewith before April 1 in
 7    each  odd-numbered  even-numbered year thereafter stating the
 8    annual salary  for  members  of  the  General  Assembly,  the
 9    elected  State  constitutional officers and certain appointed
10    State officers  and  compensated  employees  and  members  of
11    certain  State  departments, agencies, boards and commissions
12    whose terms begin in  the  next  calendar  year;  the  annual
13    salary  for  State's attorneys; and the annual salary for the
14    Auditor General  and  for  Supreme  Court,  Appellate  Court,
15    Circuit  Court and Associate judges.  If the report increases
16    the annual salary  of  judges,  State's  attorneys,  and  the
17    Auditor  General,  such increase shall take effect as soon as
18    the time period for disapproval or reduction, as provided  in
19    subsection (b) of Section 5, has expired.
20        The  salaries  in the report or as reduced by the General
21    Assembly, other than for judges, State's attorneys,  and  the
22    Auditor General, shall take effect as provided by law.
23    (Source: P.A. 90-375, eff. 8-14-97; 91-798, eff. 7-9-00.)

24        (25 ILCS 120/5.5)
25        Sec.  5.5.  FY03  COLA's  prohibited. Notwithstanding any
26    provision of this Act, any other law, or  any  resolution  of
27    the  General Assembly to the contrary, members of the General
28    Assembly, judges, other than the county  supplement,  State's
29    attorneys,  other  than  the  county  supplement, the elected
30    constitutional officers  of  State  government,  and  certain
31    appointed  officers of State government, including members of
32    State departments, agencies, boards,  and  commissions  whose
33    annual   compensation   is   determined  by  the  Board,  are
 
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 1    prohibited from receiving and shall not receive any  increase
 2    in  compensation  based  on  a  cost of living adjustment, as
 3    authorized by Senate Joint Resolution 192 of the 86th General
 4    Assembly, for or during the fiscal  year  beginning  July  1,
 5    2002.
 6        Notwithstanding  the  provisions  of Public Act 92-607 or
 7    any  other  law,  the  cost-of-living  adjustment   otherwise
 8    authorized by Senate Joint Resolution 192 of the 86th General
 9    Assembly  for judges shall be deemed to have taken effect for
10    the fiscal year beginning July 1, 2002 and shall be payable.
11    (Source: P.A. 92-607, eff. 6-28-02.)

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