Illinois General Assembly - Full Text of SB2147
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Full Text of SB2147  97th General Assembly

SB2147enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB2147 EnrolledLRB097 09338 RLJ 49473 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 State Revenue Sharing Act is amended by
5changing Section 12 as follows:
 
6    (30 ILCS 115/12)  (from Ch. 85, par. 616)
7    Sec. 12. Personal Property Tax Replacement Fund. There is
8hereby created the Personal Property Tax Replacement Fund, a
9special fund in the State Treasury into which shall be paid all
10revenue realized:
11    (a) all amounts realized from the additional personal
12property tax replacement income tax imposed by subsections (c)
13and (d) of Section 201 of the Illinois Income Tax Act, except
14for those amounts deposited into the Income Tax Refund Fund
15pursuant to subsection (c) of Section 901 of the Illinois
16Income Tax Act; and
17    (b) all amounts realized from the additional personal
18property replacement invested capital taxes imposed by Section
192a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
20Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
21Section 3 of the Water Company Invested Capital Tax Act, and
22amounts payable to the Department of Revenue under the
23Telecommunications Infrastructure Maintenance Fee Act.

 

 

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1    As soon as may be after the end of each month, the
2Department of Revenue shall certify to the Treasurer and the
3Comptroller the amount of all refunds paid out of the General
4Revenue Fund through the preceding month on account of
5overpayment of liability on taxes paid into the Personal
6Property Tax Replacement Fund. Upon receipt of such
7certification, the Treasurer and the Comptroller shall
8transfer the amount so certified from the Personal Property Tax
9Replacement Fund into the General Revenue Fund.
10    The payments of revenue into the Personal Property Tax
11Replacement Fund shall be used exclusively for distribution to
12taxing districts, regional offices and officials for fiscal
13year 2012, and local officials as provided in this Section and
14in the School Code, payment of the ordinary and contingent
15expenses of the Property Tax Appeal Board, payment of the
16expenses of the Department of Revenue incurred in administering
17the collection and distribution of monies paid into the
18Personal Property Tax Replacement Fund and transfers due to
19refunds to taxpayers for overpayment of liability for taxes
20paid into the Personal Property Tax Replacement Fund.
21    As soon as may be after the effective date of this
22amendatory Act of 1980, the Department of Revenue shall certify
23to the Treasurer the amount of net replacement revenue paid
24into the General Revenue Fund prior to that effective date from
25the additional tax imposed by Section 2a.1 of the Messages Tax
26Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of

 

 

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1the Public Utilities Revenue Act; Section 3 of the Water
2Company Invested Capital Tax Act; amounts collected by the
3Department of Revenue under the Telecommunications
4Infrastructure Maintenance Fee Act; and the additional
5personal property tax replacement income tax imposed by the
6Illinois Income Tax Act, as amended by Public Act 81-1st
7Special Session-1. Net replacement revenue shall be defined as
8the total amount paid into and remaining in the General Revenue
9Fund as a result of those Acts minus the amount outstanding and
10obligated from the General Revenue Fund in state vouchers or
11warrants prior to the effective date of this amendatory Act of
121980 as refunds to taxpayers for overpayment of liability under
13those Acts.
14    All interest earned by monies accumulated in the Personal
15Property Tax Replacement Fund shall be deposited in such Fund.
16All amounts allocated pursuant to this Section are appropriated
17on a continuing basis.
18    Prior to December 31, 1980, as soon as may be after the end
19of each quarter beginning with the quarter ending December 31,
201979, and on and after December 31, 1980, as soon as may be
21after January 1, March 1, April 1, May 1, July 1, August 1,
22October 1 and December 1 of each year, the Department of
23Revenue shall allocate to each taxing district as defined in
24Section 1-150 of the Property Tax Code, in accordance with the
25provisions of paragraph (2) of this Section the portion of the
26funds held in the Personal Property Tax Replacement Fund which

 

 

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1is required to be distributed, as provided in paragraph (1),
2for each quarter. Provided, however, under no circumstances
3shall any taxing district during each of the first two years of
4distribution of the taxes imposed by this amendatory Act of
51979 be entitled to an annual allocation which is less than the
6funds such taxing district collected from the 1978 personal
7property tax. Provided further that under no circumstances
8shall any taxing district during the third year of distribution
9of the taxes imposed by this amendatory Act of 1979 receive
10less than 60% of the funds such taxing district collected from
11the 1978 personal property tax. In the event that the total of
12the allocations made as above provided for all taxing
13districts, during either of such 3 years, exceeds the amount
14available for distribution the allocation of each taxing
15district shall be proportionately reduced. Except as provided
16in Section 13 of this Act, the Department shall then certify,
17pursuant to appropriation, such allocations to the State
18Comptroller who shall pay over to the several taxing districts
19the respective amounts allocated to them.
20    Any township which receives an allocation based in whole or
21in part upon personal property taxes which it levied pursuant
22to Section 6-507 or 6-512 of the Illinois Highway Code and
23which was previously required to be paid over to a municipality
24shall immediately pay over to that municipality a proportionate
25share of the personal property replacement funds which such
26township receives.

 

 

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1    Any municipality or township, other than a municipality
2with a population in excess of 500,000, which receives an
3allocation based in whole or in part on personal property taxes
4which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
5Illinois Local Library Act and which was previously required to
6be paid over to a public library shall immediately pay over to
7that library a proportionate share of the personal property tax
8replacement funds which such municipality or township
9receives; provided that if such a public library has converted
10to a library organized under The Illinois Public Library
11District Act, regardless of whether such conversion has
12occurred on, after or before January 1, 1988, such
13proportionate share shall be immediately paid over to the
14library district which maintains and operates the library.
15However, any library that has converted prior to January 1,
161988, and which hitherto has not received the personal property
17tax replacement funds, shall receive such funds commencing on
18January 1, 1988.
19    Any township which receives an allocation based in whole or
20in part on personal property taxes which it levied pursuant to
21Section 1c of the Public Graveyards Act and which taxes were
22previously required to be paid over to or used for such public
23cemetery or cemeteries shall immediately pay over to or use for
24such public cemetery or cemeteries a proportionate share of the
25personal property tax replacement funds which the township
26receives.

 

 

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1    Any taxing district which receives an allocation based in
2whole or in part upon personal property taxes which it levied
3for another governmental body or school district in Cook County
4in 1976 or for another governmental body or school district in
5the remainder of the State in 1977 shall immediately pay over
6to that governmental body or school district the amount of
7personal property replacement funds which such governmental
8body or school district would receive directly under the
9provisions of paragraph (2) of this Section, had it levied its
10own taxes.
11        (1) The portion of the Personal Property Tax
12    Replacement Fund required to be distributed as of the time
13    allocation is required to be made shall be the amount
14    available in such Fund as of the time allocation is
15    required to be made.
16        The amount available for distribution shall be the
17    total amount in the fund at such time minus the necessary
18    administrative and other authorized expenses as limited by
19    the appropriation and the amount determined by: (a) $2.8
20    million for fiscal year 1981; (b) for fiscal year 1982,
21    .54% of the funds distributed from the fund during the
22    preceding fiscal year; (c) for fiscal year 1983 through
23    fiscal year 1988, .54% of the funds distributed from the
24    fund during the preceding fiscal year less .02% of such
25    fund for fiscal year 1983 and less .02% of such funds for
26    each fiscal year thereafter; (d) for fiscal year 1989

 

 

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1    through fiscal year 2011 no more than 105% of the actual
2    administrative expenses of the prior fiscal year; or (e)
3    for fiscal year 2012 and beyond, a sufficient amount to pay
4    (i) stipends, additional compensation, salary
5    reimbursements, and other amounts directed to be paid out
6    of this Fund for local government officials as authorized
7    or required by statute and (ii) no more than 105% of the
8    actual administrative expenses of the prior fiscal year,
9    including payment of the ordinary and contingent expenses
10    of the Property Tax Appeal Board and payment of the
11    expenses of the Department of Revenue incurred in
12    administering the collection and distribution of moneys
13    paid into the Fund; or (f) for fiscal year 2012 only, a
14    sufficient amount to pay stipends, additional
15    compensation, salary reimbursements, and other amounts
16    directed to be paid out of this Fund for regional offices
17    and officials as authorized or required by statute. Such
18    portion of the fund shall be determined after the transfer
19    into the General Revenue Fund due to refunds, if any, paid
20    from the General Revenue Fund during the preceding quarter.
21    If at any time, for any reason, there is insufficient
22    amount in the Personal Property Tax Replacement Fund for
23    payments for regional offices and officials or local
24    officials or payment of costs of administration or for
25    transfers due to refunds at the end of any particular
26    month, the amount of such insufficiency shall be carried

 

 

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1    over for the purposes of payments for regional offices and
2    officials, local officials, transfers into the General
3    Revenue Fund, and for purposes of costs of administration
4    to the following month or months. Net replacement revenue
5    held, and defined above, shall be transferred by the
6    Treasurer and Comptroller to the Personal Property Tax
7    Replacement Fund within 10 days of such certification.
8        (2) Each quarterly allocation shall first be
9    apportioned in the following manner: 51.65% for taxing
10    districts in Cook County and 48.35% for taxing districts in
11    the remainder of the State.
12    The Personal Property Replacement Ratio of each taxing
13district outside Cook County shall be the ratio which the Tax
14Base of that taxing district bears to the Downstate Tax Base.
15The Tax Base of each taxing district outside of Cook County is
16the personal property tax collections for that taxing district
17for the 1977 tax year. The Downstate Tax Base is the personal
18property tax collections for all taxing districts in the State
19outside of Cook County for the 1977 tax year. The Department of
20Revenue shall have authority to review for accuracy and
21completeness the personal property tax collections for each
22taxing district outside Cook County for the 1977 tax year.
23    The Personal Property Replacement Ratio of each Cook County
24taxing district shall be the ratio which the Tax Base of that
25taxing district bears to the Cook County Tax Base. The Tax Base
26of each Cook County taxing district is the personal property

 

 

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1tax collections for that taxing district for the 1976 tax year.
2The Cook County Tax Base is the personal property tax
3collections for all taxing districts in Cook County for the
41976 tax year. The Department of Revenue shall have authority
5to review for accuracy and completeness the personal property
6tax collections for each taxing district within Cook County for
7the 1976 tax year.
8    For all purposes of this Section 12, amounts paid to a
9taxing district for such tax years as may be applicable by a
10foreign corporation under the provisions of Section 7-202 of
11the Public Utilities Act, as amended, shall be deemed to be
12personal property taxes collected by such taxing district for
13such tax years as may be applicable. The Director shall
14determine from the Illinois Commerce Commission, for any tax
15year as may be applicable, the amounts so paid by any such
16foreign corporation to any and all taxing districts. The
17Illinois Commerce Commission shall furnish such information to
18the Director. For all purposes of this Section 12, the Director
19shall deem such amounts to be collected personal property taxes
20of each such taxing district for the applicable tax year or
21years.
22    Taxing districts located both in Cook County and in one or
23more other counties shall receive both a Cook County allocation
24and a Downstate allocation determined in the same way as all
25other taxing districts.
26    If any taxing district in existence on July 1, 1979 ceases

 

 

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1to exist, or discontinues its operations, its Tax Base shall
2thereafter be deemed to be zero. If the powers, duties and
3obligations of the discontinued taxing district are assumed by
4another taxing district, the Tax Base of the discontinued
5taxing district shall be added to the Tax Base of the taxing
6district assuming such powers, duties and obligations.
7    If two or more taxing districts in existence on July 1,
81979, or a successor or successors thereto shall consolidate
9into one taxing district, the Tax Base of such consolidated
10taxing district shall be the sum of the Tax Bases of each of
11the taxing districts which have consolidated.
12    If a single taxing district in existence on July 1, 1979,
13or a successor or successors thereto shall be divided into two
14or more separate taxing districts, the tax base of the taxing
15district so divided shall be allocated to each of the resulting
16taxing districts in proportion to the then current equalized
17assessed value of each resulting taxing district.
18    If a portion of the territory of a taxing district is
19disconnected and annexed to another taxing district of the same
20type, the Tax Base of the taxing district from which
21disconnection was made shall be reduced in proportion to the
22then current equalized assessed value of the disconnected
23territory as compared with the then current equalized assessed
24value within the entire territory of the taxing district prior
25to disconnection, and the amount of such reduction shall be
26added to the Tax Base of the taxing district to which

 

 

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1annexation is made.
2    If a community college district is created after July 1,
31979, beginning on the effective date of this amendatory Act of
41995, its Tax Base shall be 3.5% of the sum of the personal
5property tax collected for the 1977 tax year within the
6territorial jurisdiction of the district.
7    The amounts allocated and paid to taxing districts pursuant
8to the provisions of this amendatory Act of 1979 shall be
9deemed to be substitute revenues for the revenues derived from
10taxes imposed on personal property pursuant to the provisions
11of the "Revenue Act of 1939" or "An Act for the assessment and
12taxation of private car line companies", approved July 22,
131943, as amended, or Section 414 of the Illinois Insurance
14Code, prior to the abolition of such taxes and shall be used
15for the same purposes as the revenues derived from ad valorem
16taxes on real estate.
17    Monies received by any taxing districts from the Personal
18Property Tax Replacement Fund shall be first applied toward
19payment of the proportionate amount of debt service which was
20previously levied and collected from extensions against
21personal property on bonds outstanding as of December 31, 1978
22and next applied toward payment of the proportionate share of
23the pension or retirement obligations of the taxing district
24which were previously levied and collected from extensions
25against personal property. For each such outstanding bond
26issue, the County Clerk shall determine the percentage of the

 

 

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1debt service which was collected from extensions against real
2estate in the taxing district for 1978 taxes payable in 1979,
3as related to the total amount of such levies and collections
4from extensions against both real and personal property. For
51979 and subsequent years' taxes, the County Clerk shall levy
6and extend taxes against the real estate of each taxing
7district which will yield the said percentage or percentages of
8the debt service on such outstanding bonds. The balance of the
9amount necessary to fully pay such debt service shall
10constitute a first and prior lien upon the monies received by
11each such taxing district through the Personal Property Tax
12Replacement Fund and shall be first applied or set aside for
13such purpose. In counties having fewer than 3,000,000
14inhabitants, the amendments to this paragraph as made by this
15amendatory Act of 1980 shall be first applicable to 1980 taxes
16to be collected in 1981.
17(Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11.)
 
18    Section 10. The Counties Code is amended by changing
19Section 4-8002 as follows:
 
20    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
21    Sec. 4-8002. Additional compensation of sheriff and
22recorder.
23    (a) In addition to any salary otherwise provided by law,
24beginning December 1, 1998, subject to appropriation, the

 

 

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1sheriff of Cook County for his or her additional duties imposed
2by other statutes or laws shall receive an annual stipend to be
3paid by the Illinois Department of Revenue out of the Personal
4Property Tax Replacement Fund in the amount of $6,500. The
5county board shall not reduce or otherwise impair the
6compensation payable from county funds to the sheriff if the
7reduction or impairment is the result of the sheriff receiving
8a stipend payable from State funds.
9    (b) In addition to any salary otherwise provided by law,
10beginning December 1, 2000, subject to appropriation, the
11recorder of deeds of Cook County for his or her additional
12duties imposed by law shall receive an annual stipend to be
13paid by the State Illinois Department of Revenue out of the
14Personal Property Tax Replacement Fund in an amount equal to
15the stipend paid to each recorder in other counties under
16subsection (d) of Section 4-6001 of this Code. The county board
17may not reduce or otherwise impair the compensation payable
18from county funds to the recorder of deeds if the reduction or
19impairment is the result of the recorder of deeds receiving a
20stipend payable from State funds.
21(Source: P.A. 97-72, eff. 7-1-11.)
 
22    Section 15. The School Code is amended by changing Sections
232-3.62, 3-2.5, 3-15.10, and 18-5 and by adding Section 3A-18 as
24follows:
 

 

 

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1    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
2    Sec. 2-3.62. Educational Service Centers.
3    (a) A regional network of educational service centers shall
4be established by the State Board of Education to coordinate
5and combine existing services in a manner which is practical
6and efficient and to provide new services to schools as
7provided in this Section. Services to be made available by such
8centers shall include the planning, implementation and
9evaluation of:
10        (1) (blank);
11        (2) computer technology education;
12        (3) mathematics, science and reading resources for
13    teachers including continuing education, inservice
14    training and staff development.
15    The centers may provide training, technical assistance,
16coordination and planning in other program areas such as school
17improvement, school accountability, financial planning,
18consultation, and services, career guidance, early childhood
19education, alcohol/drug education and prevention, family life -
20 sex education, electronic transmission of data from school
21districts to the State, alternative education and regional
22special education, and telecommunications systems that provide
23distance learning. Such telecommunications systems may be
24obtained through the Department of Central Management Services
25pursuant to Section 405-270 of the Department of Central
26Management Services Law (20 ILCS 405/405-270). The programs and

 

 

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1services of educational service centers may be offered to
2private school teachers and private school students within each
3service center area provided public schools have already been
4afforded adequate access to such programs and services.
5    Upon the abolition of the office, removal from office,
6disqualification for office, resignation from office, or
7expiration of the current term of office of the regional
8superintendent of schools, whichever is earlier, centers
9serving that portion of a Class II county school unit outside
10of a city of 500,000 or more inhabitants shall have and
11exercise, in and with respect to each educational service
12region having a population of 2,000,000 or more inhabitants and
13in and with respect to each school district located in any such
14educational service region, all of the rights, powers, duties,
15and responsibilities theretofore vested by law in and exercised
16and performed by the regional superintendent of schools for
17that area under the provisions of this Code or any other laws
18of this State.
19    The State Board of Education shall promulgate rules and
20regulations necessary to implement this Section. The rules
21shall include detailed standards which delineate the scope and
22specific content of programs to be provided by each Educational
23Service Center, as well as the specific planning,
24implementation and evaluation services to be provided by each
25Center relative to its programs. The Board shall also provide
26the standards by which it will evaluate the programs provided

 

 

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1by each Center.
2    (b) Centers serving Class 1 county school units shall be
3governed by an 11-member board, 3 members of which shall be
4public school teachers nominated by the local bargaining
5representatives to the appropriate regional superintendent for
6appointment and no more than 3 members of which shall be from
7each of the following categories, including but not limited to
8superintendents, regional superintendents, school board
9members and a representative of an institution of higher
10education. The members of the board shall be appointed by the
11regional superintendents whose school districts are served by
12the educational service center. The composition of the board
13will reflect the revisions of this amendatory Act of 1989 as
14the terms of office of current members expire.
15    (c) The centers shall be of sufficient size and number to
16assure delivery of services to all local school districts in
17the State.
18    (d) From monies appropriated for this program the State
19Board of Education shall provide grants paid from the Personal
20Property Tax Replacement Fund for fiscal year 2012 only, and
21from the General Revenue Fund for fiscal year 2013 and beyond
22to qualifying Educational Service Centers applying for such
23grants in accordance with rules and regulations promulgated by
24the State Board of Education to implement this Section.
25    (e) The governing authority of each of the 18 regional
26educational service centers shall appoint a family life - sex

 

 

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1education advisory board consisting of 2 parents, 2 teachers, 2
2school administrators, 2 school board members, 2 health care
3professionals, one library system representative, and the
4director of the regional educational service center who shall
5serve as chairperson of the advisory board so appointed.
6Members of the family life - sex education advisory boards
7shall serve without compensation. Each of the advisory boards
8appointed pursuant to this subsection shall develop a plan for
9regional teacher-parent family life - sex education training
10sessions and shall file a written report of such plan with the
11governing board of their regional educational service center.
12The directors of each of the regional educational service
13centers shall thereupon meet, review each of the reports
14submitted by the advisory boards and combine those reports into
15a single written report which they shall file with the Citizens
16Council on School Problems prior to the end of the regular
17school term of the 1987-1988 school year.
18    (f) The 14 educational service centers serving Class I
19county school units shall be disbanded on the first Monday of
20August, 1995, and their statutory responsibilities and
21programs shall be assumed by the regional offices of education,
22subject to rules and regulations developed by the State Board
23of Education. The regional superintendents of schools elected
24by the voters residing in all Class I counties shall serve as
25the chief administrators for these programs and services. By
26rule of the State Board of Education, the 10 educational

 

 

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1service regions of lowest population shall provide such
2services under cooperative agreements with larger regions.
3(Source: P.A. 96-893, eff. 7-1-10.)
 
4    (105 ILCS 5/3-2.5)
5    Sec. 3-2.5. Salaries.
6    (a) Except as otherwise provided in this Section, the
7regional superintendents of schools shall receive for their
8services an annual salary according to the population, as
9determined by the last preceding federal census, of the region
10they serve, as set out in the following schedule:
11SALARIES OF REGIONAL SUPERINTENDENTS OF
12SCHOOLS
13    POPULATION OF REGION                 ANNUAL SALARY
14    Less than 48,000                     $73,500
15    48,000 to 99,999                     $78,000
16    100,000 to 999,999                   $81,500
17    1,000,000 and over                   $83,500
18    The changes made by Public Act 86-98 in the annual salary
19that the regional superintendents of schools shall receive for
20their services shall apply to the annual salary received by the
21regional superintendents of schools during each of their
22elected terms of office that commence after July 26, 1989 and
23before the first Monday of August, 1995.
24    The changes made by Public Act 89-225 in the annual salary
25that regional superintendents of schools shall receive for

 

 

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1their services shall apply to the annual salary received by the
2regional superintendents of schools during their elected terms
3of office that commence after August 4, 1995 and end on August
41, 1999.
5    The changes made by this amendatory Act of the 91st General
6Assembly in the annual salary that the regional superintendents
7of schools shall receive for their services shall apply to the
8annual salary received by the regional superintendents of
9schools during each of their elected terms of office that
10commence on or after August 2, 1999.
11    Beginning July 1, 2000, the salary that the regional
12superintendent of schools receives for his or her services
13shall be adjusted annually to reflect the percentage increase,
14if any, in the most recent Consumer Price Index, as defined and
15officially reported by the United States Department of Labor,
16Bureau of Labor Statistics, except that no annual increment may
17exceed 2.9%. If the percentage of change in the Consumer Price
18Index is a percentage decrease, the salary that the regional
19superintendent of schools receives shall not be adjusted for
20that year.
21    When regional superintendents are authorized by the School
22Code to appoint assistant regional superintendents, the
23assistant regional superintendent shall receive an annual
24salary based on his or her qualifications and computed as a
25percentage of the salary of the regional superintendent to whom
26he or she is assistant, as set out in the following schedule:

 

 

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1SALARIES OF ASSISTANT REGIONAL
2SUPERINTENDENTS
3    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
4    ASSISTANT REGIONAL                   OF REGIONAL
5    SUPERINTENDENT                       SUPERINTENDENT
6    No Bachelor's degree, but State
7    certificate valid for teaching
8    and supervising.                     70%    
9    Bachelor's degree plus
10    State certificate valid
11    for supervising.                     75%    
12    Master's degree plus
13    State certificate valid
14    for supervising.                     90%    
15    However, in any region in which the appointment of more
16than one assistant regional superintendent is authorized,
17whether by Section 3-15.10 of this Code or otherwise, not more
18than one assistant may be compensated at the 90% rate and any
19other assistant shall be paid at not exceeding the 75% rate, in
20each case depending on the qualifications of the assistant.
21    The salaries provided in this Section plus an amount for
22other employment-related compensation or benefits for regional
23superintendents and assistant regional superintendents are
24payable monthly by the State Board of Education out of the
25Personal Property Tax Replacement Fund through a specific
26appropriation to that effect in the State Board of Education

 

 

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1budget for the fiscal year 2012 only, and are payable monthly
2from the Common School Fund for fiscal year 2013 and beyond
3through a specific appropriation to that effect in the State
4Board of Education budget. The State Comptroller in making his
5or her warrant to any county for the amount due it from the
6Personal Property Tax Replacement Fund for the fiscal year 2012
7only, and from the Common School Fund for fiscal year 2013 and
8beyond shall deduct from it the several amounts for which
9warrants have been issued to the regional superintendent, and
10any assistant regional superintendent, of the educational
11service region encompassing the county since the preceding
12apportionment from the Personal Property Tax Replacement Fund
13for the fiscal year 2012 only, and from the Common School Fund
14for fiscal year 2013 and beyond.
15    County boards may provide for additional compensation for
16the regional superintendent or the assistant regional
17superintendents, or for each of them, to be paid quarterly from
18the county treasury.
19    (b) Upon abolition of the office of regional superintendent
20of schools in educational service regions containing 2,000,000
21or more inhabitants as provided in Section 3-0.01 of this Code,
22the funds provided under subsection (a) of this Section shall
23continue to be appropriated and reallocated, as provided for
24pursuant to subsection (b) of Section 3-0.01 of this Code, to
25the educational service centers established pursuant to
26Section 2-3.62 of this Code for an educational service region

 

 

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1containing 2,000,000 or more inhabitants.
2    (c) If the State pays all or any portion of the employee
3contributions required under Section 16-152 of the Illinois
4Pension Code for employees of the State Board of Education, it
5shall also, subject to appropriation in the State Board of
6Education budget for such payments to Regional Superintendents
7and Assistant Regional Superintendents, pay the employee
8contributions required of regional superintendents of schools
9and assistant regional superintendents of schools on the same
10basis, but excluding any contributions based on compensation
11that is paid by the county rather than the State.
12    This subsection (c) applies to contributions based on
13payments of salary earned after the effective date of this
14amendatory Act of the 91st General Assembly, except that in the
15case of an elected regional superintendent of schools, this
16subsection does not apply to contributions based on payments of
17salary earned during a term of office that commenced before the
18effective date of this amendatory Act.
19(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
2097-333, eff. 8-12-11.)
 
21    (105 ILCS 5/3-15.10)  (from Ch. 122, par. 3-15.10)
22    Sec. 3-15.10. Assistant Regional Superintendent. To
23employ, in counties or regions of 2,000,000 inhabitants or
24less, in addition to any assistants authorized to be employed
25with the approval of the county board, an assistant regional

 

 

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1superintendent of schools who shall be a person of good
2attainment, versed in the principles and methods of education,
3and qualified to teach and supervise schools under Article 21
4of this Act; to fix the term of such assistant and direct his
5work and define his duties. On the effective date of this
6amendatory Act of the 96th General Assembly, in regions
7established within that portion of a Class II county school
8unit outside of a city of 500,000 or more inhabitants, the
9employment of all persons serving as assistant county or
10regional superintendents of schools is terminated, the
11position of assistant regional superintendent of schools in
12each such region is abolished, and this Section shall,
13beginning on the effective date of this amendatory Act of the
1496th General Assembly, have no further application in the
15educational service region. Assistant regional superintendents
16shall each be a person of good attainment, versed in the
17principles and methods of education, and qualified to teach and
18supervise schools under Article 21 of this Act. The work of
19such assistant regional superintendent shall be so arranged and
20directed that the county or regional superintendent and
21assistant superintendent, together, shall devote an amount of
22time during the school year, equal to at least the full time of
23one individual, to the supervision of schools and of teaching
24in the schools of the county.
25    A regional superintendent of schools shall not employ his
26or her spouse, child, stepchild, or relative as an assistant

 

 

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1regional superintendent of schools. By September 1 each year, a
2regional superintendent shall certify to the State Board of
3Education that he or she has complied with this paragraph. If
4the State Board of Education becomes aware of the fact that a
5regional superintendent is employing his or her spouse, child,
6stepchild, or relative as an assistant regional
7superintendent, the State Board of Education shall report this
8information to the Governor and the Comptroller, and the State
9Board of Education shall not request for payment from the State
10Comptroller any warrants for the payment of the assistant
11regional superintendent's salary or other employment-related
12compensation or benefits. In this paragraph, "relative" means a
13grandparent, parent, aunt, uncle, sibling, first cousin,
14nephew, niece, grandchild, or spouse of one of these persons.
15This paragraph applies only to contracts for employment entered
16into on or after the effective date of this amendatory Act of
17the 91st General Assembly.
18(Source: P.A. 96-893, eff. 7-1-10.)
 
19    (105 ILCS 5/3A-18 new)
20    Sec. 3A-18. Streamlining Illinois' Regional Offices of
21Education Commission.
22    (a) Recognizing the virtue of the regional offices of
23education in that locally elected public servants are working
24closely with local school boards and superintendents and in
25partnership with the State Board of Education, and in an effort

 

 

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1to deliver these educational services more efficiently and
2effectively, there is hereby established the Streamlining
3Illinois' Regional Offices of Education Commission. The
4Commission shall explore and examine all duties of the State
5Board of Education and all regional offices of education and
6intermediate service centers, as well as the boundaries of the
7educational service regions as defined in this Article, in
8order to determine which duties and responsibilities should be
9provided regionally to more appropriately and efficiently
10deliver services and whether the boundaries of the education
11service regions can be expanded to streamline the regional
12offices of education. The Commission shall ensure that its
13recommendations include specifics as to the necessary funding
14to carry out identified responsibilities.
15    (b) The Commission shall consist of all of the following
16voting members:
17        (1) One person appointed by the Governor, who shall
18    serve as chairperson of the Commission.
19        (2) One member appointed by the President of the
20    Senate.
21        (3) One member appointed by the Minority Leader of the
22    Senate.
23        (4) One member appointed by the Speaker of the House of
24    Representatives.
25        (5) One member appointed by the Minority Leader of the
26    House of Representatives.

 

 

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1        (6) One member appointed by an association
2    representing regional superintendents of schools.
3        (7) One member appointed by an association
4    representing school boards.
5        (8) One member appointed by an association
6    representing school administrators.
7        (9) One member appointed by an association
8    representing school business officials.
9        (10) One member appointed by each of 2 statewide
10    associations representing teachers.
11        (11) One member from an intermediate service center
12    appointed by the State Superintendent of Education.
13        (12) One district superintendent from an urban school
14    district appointed by the State Superintendent of
15    Education.
16        (13) One district superintendent from a rural school
17    district appointed by the State Superintendent of
18    Education.
19        (14) One representative from the State Board of
20    Education appointed by the State Superintendent of
21    Education.
22    Members appointed by the legislative leaders shall be
23appointed for the duration of the Commission; in the event of a
24vacancy, the appointment to fill the vacancy shall be made by
25the legislative leader of the same house and party as the
26leader who made the original appointment.

 

 

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1    (c) The Commission may begin to conduct business upon the
2appointment of a majority of the voting members.
3    (d) The State Board of Education shall be the agency
4responsible for providing staff and administrative support to
5the Commission.
6    (e) Members of the Commission shall receive no compensation
7for their participation, but may be reimbursed by the State
8Board of Education for expenses in connection with their
9participation, including travel, if funds are available.
10    (f) The Commission shall submit a final report of its
11findings and recommendations to the Governor and the General
12Assembly on or before August 1, 2012. The Commission may submit
13other reports as it deems appropriate.
14    (g) The Commission is abolished on August 2, 2012, and this
15Section is repealed on August 2, 2012.
 
16    (105 ILCS 5/18-5)  (from Ch. 122, par. 18-5)
17    Sec. 18-5. Compensation of regional superintendents and
18assistants. The State Board of Education shall request an
19appropriation payable from the Personal Property Tax
20Replacement Fund for fiscal year 2012 only, and the common
21school fund for fiscal year 2013 and beyond as and for
22compensation for regional superintendents of schools and the
23assistant regional superintendents of schools authorized by
24Section 3-15.10 of this Act, and as provided in "An Act
25concerning fees and salaries and to classify the several

 

 

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1counties of this State with reference thereto", approved March
229, 1872 as amended, and shall present vouchers to the
3Comptroller monthly for the payment to the several regional
4superintendents and such assistant regional superintendents of
5their compensation as fixed by law. Such payments shall be made
6either (1) monthly, at the close of the month, or (2)
7semimonthly on or around the 15th of the month and at the close
8of the month, at the option of the regional superintendent or
9assistant regional superintendent.
10(Source: P.A. 83-686.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.