Bill Text: IL HB5034 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the General Assembly Compensation Act. Provides that in any year in which the total allowance for lodging, meals, and mileage for automobile travel provided under the Act is less than the total amount allowed for such expenses under the Internal Revenue Code regarding tax deductions for trade or business expenses and the Code of Federal Regulations regarding travel expenses of state legislators, a member of the General Assembly may elect during that year to be reimbursed for the difference between the lodging, meals, and mileage reimbursement provided under the Act and the full lodging, meals, and mileage expenses allowed by the Internal Revenue Code and the Code of Federal Regulations, in lieu of receiving an equivalent portion of annual salary. Provides that the full reimbursement amount paid to a member shall be reduced by an amount equal to the rate of State income tax provided under a specified Section of the Illinois Income Tax Act. Provides that the member shall make the election in a manner provided by the Comptroller and shall be made in sufficient time for the processing by the Comptroller of the relevant salary and reimbursements. Provides that members of the General Assembly Retirement System shall contribute and be credited for salary without regard to the equivalent portion salary reduction. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5034 Detail]

Download: Illinois-2017-HB5034-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5034 Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED:
25 ILCS 115/1 from Ch. 63, par. 14
Amends the General Assembly Compensation Act. Provides that in any year in which the total allowance for lodging, meals, and mileage for automobile travel provided under the Act is less than the total amount allowed for such expenses under the Internal Revenue Code regarding tax deductions for trade or business expenses and the Code of Federal Regulations regarding travel expenses of state legislators, a member of the General Assembly may elect during that year to be reimbursed for the difference between the lodging, meals, and mileage reimbursement provided under the Act and the full lodging, meals, and mileage expenses allowed by the Internal Revenue Code and the Code of Federal Regulations, in lieu of receiving an equivalent portion of annual salary. Provides that the full reimbursement amount paid to a member shall be reduced by an amount equal to the rate of State income tax provided under a specified Section of the Illinois Income Tax Act. Provides that the member shall make the election in a manner provided by the Comptroller and shall be made in sufficient time for the processing by the Comptroller of the relevant salary and reimbursements. Provides that members of the General Assembly Retirement System shall contribute and be credited for salary without regard to the equivalent portion salary reduction. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The General Assembly Compensation Act is amended
by changing Section 1 as follows:
(25 ILCS 115/1) (from Ch. 63, par. 14)
Sec. 1. Each member of the General Assembly shall receive
an annual salary of $28,000 or as set by the Compensation
Review Board, whichever is greater. The following named
officers, committee chairmen and committee minority spokesmen
shall receive additional amounts per year for their services as
such officers, committee chairmen and committee minority
spokesmen respectively, as set by the Compensation Review Board
or, as follows, whichever is greater: Beginning the second
Wednesday in January 1989, the Speaker and the minority leader
of the House of Representatives and the President and the
minority leader of the Senate, $16,000 each; the majority
leader in the House of Representatives $13,500; 6 assistant
majority leaders and 5 assistant minority leaders in the
Senate, $12,000 each; 6 assistant majority leaders and 6
assistant minority leaders in the House of Representatives,
$10,500 each; 2 Deputy Majority leaders in the House of
Representatives $11,500 each; and 2 Deputy Minority leaders in

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the House of Representatives, $11,500 each; the majority caucus
chairman and minority caucus chairman in the Senate, $12,000
each; and beginning the second Wednesday in January, 1989, the
majority conference chairman and the minority conference
chairman in the House of Representatives, $10,500 each;
beginning the second Wednesday in January, 1989, the chairman
and minority spokesman of each standing committee of the
Senate, except the Rules Committee, the Committee on
Committees, and the Committee on Assignment of Bills, $6,000
each; and beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing and select
committee of the House of Representatives, $6,000 each. A
member who serves in more than one position as an officer,
committee chairman, or committee minority spokesman shall
receive only one additional amount based on the position paying
the highest additional amount. The compensation provided for in
this Section to be paid per year to members of the General
Assembly, including the additional sums payable per year to
officers of the General Assembly shall be paid in 12 equal
monthly installments. The first such installment is payable on
January 31, 1977. All subsequent equal monthly installments are
payable on the last working day of the month. A member who has
held office any part of a month is entitled to compensation for
an entire month.
Mileage shall be paid at the rate of 20 cents per mile
before January 9, 1985, and at the mileage allowance rate in

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effect under regulations promulgated pursuant to 5 U.S.C.
5707(b)(2) beginning January 9, 1985, for the number of actual
highway miles necessarily and conveniently traveled by the most
feasible route to be present upon convening of the sessions of
the General Assembly by such member in each and every trip
during each session in going to and returning from the seat of
government, to be computed by the Comptroller. A member
traveling by public transportation for such purposes, however,
shall be paid his actual cost of that transportation instead of
on the mileage rate if his cost of public transportation
exceeds the amount to which he would be entitled on a mileage
basis. No member may be paid, whether on a mileage basis or for
actual costs of public transportation, for more than one such
trip for each week the General Assembly is actually in session.
Each member shall also receive an allowance of $36 per day for
lodging and meals while in attendance at sessions of the
General Assembly before January 9, 1985; beginning January 9,
1985, such food and lodging allowance shall be equal to the
amount per day permitted to be deducted for such expenses under
the Internal Revenue Code; however, beginning May 31, 1995, no
allowance for food and lodging while in attendance at sessions
is authorized for periods of time after the last day in May of
each calendar year, except (i) if the General Assembly is
convened in special session by either the Governor or the
presiding officers of both houses, as provided by subsection
(b) of Section 5 of Article IV of the Illinois Constitution or

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(ii) if the General Assembly is convened to consider bills
vetoed, item vetoed, reduced, or returned with specific
recommendations for change by the Governor as provided in
Section 9 of Article IV of the Illinois Constitution. For
fiscal year 2011 and for session days in fiscal years 2012,
2013, 2014, 2015, 2016, 2017, and 2018 only (i) the allowance
for lodging and meals is $111 per day and (ii) mileage for
automobile travel shall be reimbursed at a rate of $0.39 per
mile.
Notwithstanding any other provision of law to the contrary,
beginning in fiscal year 2012, travel reimbursement for General
Assembly members on non-session days shall be calculated using
the guidelines set forth by the Legislative Travel Control
Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
2017, and 2018 mileage reimbursement is set at a rate of $0.39
per mile.
In any year in which the total allowance for lodging,
meals, and mileage for automobile travel provided under this
Section is less than the total amount allowed for such expenses
under Section 162 of the Internal Revenue Code regarding tax
deductions for trade or business expenses and the Code of
Federal Regulations under 26 CFR Section 1.162-24 regarding
travel expenses of state legislators, a member may elect during
that year to be reimbursed for the difference between the
lodging, meals, and mileage reimbursement provided in this
Section and the full lodging, meals, and mileage expenses

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allowed by the Internal Revenue Code under Section 162 and the
Code of Federal Regulations under 26 CFR 1.162-24, in lieu of
receiving an equivalent portion of annual salary. The full
reimbursement amount paid to the member shall be reduced by an
amount equal to the rate of State income tax provided under
Section 201 of the Illinois Income Tax Act. The member shall
make the election in a manner provided by the Comptroller and
shall be made in sufficient time for the processing by the
Comptroller of the relevant salary and reimbursements. Members
of the General Assembly Retirement System shall contribute and
be credited for salary without regard to the equivalent portion
salary reduction provided in this paragraph.
If a member dies having received only a portion of the
amount payable as compensation, the unpaid balance shall be
paid to the surviving spouse of such member, or, if there be
none, to the estate of such member.
(Source: P.A. 99-355, eff. 8-13-15; 99-523, eff. 6-30-16;
100-25, eff. 7-26-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.