Rep. Frank J. Mautino

Filed: 11/9/2011

 

 


 

 


 
09700SB2147ham009LRB097 09338 AMC 59718 a

1
AMENDMENT TO SENATE BILL 2147

2    AMENDMENT NO. ______. Amend Senate Bill 2147, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The State Revenue Sharing Act is amended by
6changing Section 12 as follows:
 
7    (30 ILCS 115/12)  (from Ch. 85, par. 616)
8    Sec. 12. Personal Property Tax Replacement Fund. There is
9hereby created the Personal Property Tax Replacement Fund, a
10special fund in the State Treasury into which shall be paid all
11revenue realized:
12    (a) all amounts realized from the additional personal
13property tax replacement income tax imposed by subsections (c)
14and (d) of Section 201 of the Illinois Income Tax Act, except
15for those amounts deposited into the Income Tax Refund Fund
16pursuant to subsection (c) of Section 901 of the Illinois

 

 

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1Income Tax Act; and
2    (b) all amounts realized from the additional personal
3property replacement invested capital taxes imposed by Section
42a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
5Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
6Section 3 of the Water Company Invested Capital Tax Act, and
7amounts payable to the Department of Revenue under the
8Telecommunications Infrastructure Maintenance Fee Act.
9    As soon as may be after the end of each month, the
10Department of Revenue shall certify to the Treasurer and the
11Comptroller the amount of all refunds paid out of the General
12Revenue Fund through the preceding month on account of
13overpayment of liability on taxes paid into the Personal
14Property Tax Replacement Fund. Upon receipt of such
15certification, the Treasurer and the Comptroller shall
16transfer the amount so certified from the Personal Property Tax
17Replacement Fund into the General Revenue Fund.
18    The payments of revenue into the Personal Property Tax
19Replacement Fund shall be used exclusively for distribution to
20taxing districts, regional offices and officials for fiscal
21year 2012, and local officials as provided in this Section and
22in the School Code, payment of the ordinary and contingent
23expenses of the Property Tax Appeal Board, payment of the
24expenses of the Department of Revenue incurred in administering
25the collection and distribution of monies paid into the
26Personal Property Tax Replacement Fund and transfers due to

 

 

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1refunds to taxpayers for overpayment of liability for taxes
2paid into the Personal Property Tax Replacement Fund.
3    As soon as may be after the effective date of this
4amendatory Act of 1980, the Department of Revenue shall certify
5to the Treasurer the amount of net replacement revenue paid
6into the General Revenue Fund prior to that effective date from
7the additional tax imposed by Section 2a.1 of the Messages Tax
8Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
9the Public Utilities Revenue Act; Section 3 of the Water
10Company Invested Capital Tax Act; amounts collected by the
11Department of Revenue under the Telecommunications
12Infrastructure Maintenance Fee Act; and the additional
13personal property tax replacement income tax imposed by the
14Illinois Income Tax Act, as amended by Public Act 81-1st
15Special Session-1. Net replacement revenue shall be defined as
16the total amount paid into and remaining in the General Revenue
17Fund as a result of those Acts minus the amount outstanding and
18obligated from the General Revenue Fund in state vouchers or
19warrants prior to the effective date of this amendatory Act of
201980 as refunds to taxpayers for overpayment of liability under
21those Acts.
22    All interest earned by monies accumulated in the Personal
23Property Tax Replacement Fund shall be deposited in such Fund.
24All amounts allocated pursuant to this Section are appropriated
25on a continuing basis.
26    Prior to December 31, 1980, as soon as may be after the end

 

 

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1of each quarter beginning with the quarter ending December 31,
21979, and on and after December 31, 1980, as soon as may be
3after January 1, March 1, April 1, May 1, July 1, August 1,
4October 1 and December 1 of each year, the Department of
5Revenue shall allocate to each taxing district as defined in
6Section 1-150 of the Property Tax Code, in accordance with the
7provisions of paragraph (2) of this Section the portion of the
8funds held in the Personal Property Tax Replacement Fund which
9is required to be distributed, as provided in paragraph (1),
10for each quarter. Provided, however, under no circumstances
11shall any taxing district during each of the first two years of
12distribution of the taxes imposed by this amendatory Act of
131979 be entitled to an annual allocation which is less than the
14funds such taxing district collected from the 1978 personal
15property tax. Provided further that under no circumstances
16shall any taxing district during the third year of distribution
17of the taxes imposed by this amendatory Act of 1979 receive
18less than 60% of the funds such taxing district collected from
19the 1978 personal property tax. In the event that the total of
20the allocations made as above provided for all taxing
21districts, during either of such 3 years, exceeds the amount
22available for distribution the allocation of each taxing
23district shall be proportionately reduced. Except as provided
24in Section 13 of this Act, the Department shall then certify,
25pursuant to appropriation, such allocations to the State
26Comptroller who shall pay over to the several taxing districts

 

 

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1the respective amounts allocated to them.
2    Any township which receives an allocation based in whole or
3in part upon personal property taxes which it levied pursuant
4to Section 6-507 or 6-512 of the Illinois Highway Code and
5which was previously required to be paid over to a municipality
6shall immediately pay over to that municipality a proportionate
7share of the personal property replacement funds which such
8township receives.
9    Any municipality or township, other than a municipality
10with a population in excess of 500,000, which receives an
11allocation based in whole or in part on personal property taxes
12which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
13Illinois Local Library Act and which was previously required to
14be paid over to a public library shall immediately pay over to
15that library a proportionate share of the personal property tax
16replacement funds which such municipality or township
17receives; provided that if such a public library has converted
18to a library organized under The Illinois Public Library
19District Act, regardless of whether such conversion has
20occurred on, after or before January 1, 1988, such
21proportionate share shall be immediately paid over to the
22library district which maintains and operates the library.
23However, any library that has converted prior to January 1,
241988, and which hitherto has not received the personal property
25tax replacement funds, shall receive such funds commencing on
26January 1, 1988.

 

 

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1    Any township which receives an allocation based in whole or
2in part on personal property taxes which it levied pursuant to
3Section 1c of the Public Graveyards Act and which taxes were
4previously required to be paid over to or used for such public
5cemetery or cemeteries shall immediately pay over to or use for
6such public cemetery or cemeteries a proportionate share of the
7personal property tax replacement funds which the township
8receives.
9    Any taxing district which receives an allocation based in
10whole or in part upon personal property taxes which it levied
11for another governmental body or school district in Cook County
12in 1976 or for another governmental body or school district in
13the remainder of the State in 1977 shall immediately pay over
14to that governmental body or school district the amount of
15personal property replacement funds which such governmental
16body or school district would receive directly under the
17provisions of paragraph (2) of this Section, had it levied its
18own taxes.
19        (1) The portion of the Personal Property Tax
20    Replacement Fund required to be distributed as of the time
21    allocation is required to be made shall be the amount
22    available in such Fund as of the time allocation is
23    required to be made.
24        The amount available for distribution shall be the
25    total amount in the fund at such time minus the necessary
26    administrative and other authorized expenses as limited by

 

 

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1    the appropriation and the amount determined by: (a) $2.8
2    million for fiscal year 1981; (b) for fiscal year 1982,
3    .54% of the funds distributed from the fund during the
4    preceding fiscal year; (c) for fiscal year 1983 through
5    fiscal year 1988, .54% of the funds distributed from the
6    fund during the preceding fiscal year less .02% of such
7    fund for fiscal year 1983 and less .02% of such funds for
8    each fiscal year thereafter; (d) for fiscal year 1989
9    through fiscal year 2011 no more than 105% of the actual
10    administrative expenses of the prior fiscal year; or (e)
11    for fiscal year 2012 and beyond, a sufficient amount to pay
12    (i) stipends, additional compensation, salary
13    reimbursements, and other amounts directed to be paid out
14    of this Fund for local government officials as authorized
15    or required by statute and (ii) no more than 105% of the
16    actual administrative expenses of the prior fiscal year,
17    including payment of the ordinary and contingent expenses
18    of the Property Tax Appeal Board and payment of the
19    expenses of the Department of Revenue incurred in
20    administering the collection and distribution of moneys
21    paid into the Fund; or (f) for fiscal year 2012 only, a
22    sufficient amount to pay stipends, additional
23    compensation, salary reimbursements, and other amounts
24    directed to be paid out of this Fund for regional offices
25    and officials as authorized or required by statute. Such
26    portion of the fund shall be determined after the transfer

 

 

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

 

 

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1outside of Cook County for the 1977 tax year. The Department of
2Revenue shall have authority to review for accuracy and
3completeness the personal property tax collections for each
4taxing district outside Cook County for the 1977 tax year.
5    The Personal Property Replacement Ratio of each Cook County
6taxing district shall be the ratio which the Tax Base of that
7taxing district bears to the Cook County Tax Base. The Tax Base
8of each Cook County taxing district is the personal property
9tax collections for that taxing district for the 1976 tax year.
10The Cook County Tax Base is the personal property tax
11collections for all taxing districts in Cook County for the
121976 tax year. The Department of Revenue shall have authority
13to review for accuracy and completeness the personal property
14tax collections for each taxing district within Cook County for
15the 1976 tax year.
16    For all purposes of this Section 12, amounts paid to a
17taxing district for such tax years as may be applicable by a
18foreign corporation under the provisions of Section 7-202 of
19the Public Utilities Act, as amended, shall be deemed to be
20personal property taxes collected by such taxing district for
21such tax years as may be applicable. The Director shall
22determine from the Illinois Commerce Commission, for any tax
23year as may be applicable, the amounts so paid by any such
24foreign corporation to any and all taxing districts. The
25Illinois Commerce Commission shall furnish such information to
26the Director. For all purposes of this Section 12, the Director

 

 

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1shall deem such amounts to be collected personal property taxes
2of each such taxing district for the applicable tax year or
3years.
4    Taxing districts located both in Cook County and in one or
5more other counties shall receive both a Cook County allocation
6and a Downstate allocation determined in the same way as all
7other taxing districts.
8    If any taxing district in existence on July 1, 1979 ceases
9to exist, or discontinues its operations, its Tax Base shall
10thereafter be deemed to be zero. If the powers, duties and
11obligations of the discontinued taxing district are assumed by
12another taxing district, the Tax Base of the discontinued
13taxing district shall be added to the Tax Base of the taxing
14district assuming such powers, duties and obligations.
15    If two or more taxing districts in existence on July 1,
161979, or a successor or successors thereto shall consolidate
17into one taxing district, the Tax Base of such consolidated
18taxing district shall be the sum of the Tax Bases of each of
19the taxing districts which have consolidated.
20    If a single taxing district in existence on July 1, 1979,
21or a successor or successors thereto shall be divided into two
22or more separate taxing districts, the tax base of the taxing
23district so divided shall be allocated to each of the resulting
24taxing districts in proportion to the then current equalized
25assessed value of each resulting taxing district.
26    If a portion of the territory of a taxing district is

 

 

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1disconnected and annexed to another taxing district of the same
2type, the Tax Base of the taxing district from which
3disconnection was made shall be reduced in proportion to the
4then current equalized assessed value of the disconnected
5territory as compared with the then current equalized assessed
6value within the entire territory of the taxing district prior
7to disconnection, and the amount of such reduction shall be
8added to the Tax Base of the taxing district to which
9annexation is made.
10    If a community college district is created after July 1,
111979, beginning on the effective date of this amendatory Act of
121995, its Tax Base shall be 3.5% of the sum of the personal
13property tax collected for the 1977 tax year within the
14territorial jurisdiction of the district.
15    The amounts allocated and paid to taxing districts pursuant
16to the provisions of this amendatory Act of 1979 shall be
17deemed to be substitute revenues for the revenues derived from
18taxes imposed on personal property pursuant to the provisions
19of the "Revenue Act of 1939" or "An Act for the assessment and
20taxation of private car line companies", approved July 22,
211943, as amended, or Section 414 of the Illinois Insurance
22Code, prior to the abolition of such taxes and shall be used
23for the same purposes as the revenues derived from ad valorem
24taxes on real estate.
25    Monies received by any taxing districts from the Personal
26Property Tax Replacement Fund shall be first applied toward

 

 

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1payment of the proportionate amount of debt service which was
2previously levied and collected from extensions against
3personal property on bonds outstanding as of December 31, 1978
4and next applied toward payment of the proportionate share of
5the pension or retirement obligations of the taxing district
6which were previously levied and collected from extensions
7against personal property. For each such outstanding bond
8issue, the County Clerk shall determine the percentage of the
9debt service which was collected from extensions against real
10estate in the taxing district for 1978 taxes payable in 1979,
11as related to the total amount of such levies and collections
12from extensions against both real and personal property. For
131979 and subsequent years' taxes, the County Clerk shall levy
14and extend taxes against the real estate of each taxing
15district which will yield the said percentage or percentages of
16the debt service on such outstanding bonds. The balance of the
17amount necessary to fully pay such debt service shall
18constitute a first and prior lien upon the monies received by
19each such taxing district through the Personal Property Tax
20Replacement Fund and shall be first applied or set aside for
21such purpose. In counties having fewer than 3,000,000
22inhabitants, the amendments to this paragraph as made by this
23amendatory Act of 1980 shall be first applicable to 1980 taxes
24to be collected in 1981.
25(Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11.)
 

 

 

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1    Section 10. The Counties Code is amended by changing
2Section 4-8002 as follows:
 
3    (55 ILCS 5/4-8002)  (from Ch. 34, par. 4-8002)
4    Sec. 4-8002. Additional compensation of sheriff and
5recorder.
6    (a) In addition to any salary otherwise provided by law,
7beginning December 1, 1998, subject to appropriation, the
8sheriff of Cook County for his or her additional duties imposed
9by other statutes or laws shall receive an annual stipend to be
10paid by the Illinois Department of Revenue out of the Personal
11Property Tax Replacement Fund in the amount of $6,500. The
12county board shall not reduce or otherwise impair the
13compensation payable from county funds to the sheriff if the
14reduction or impairment is the result of the sheriff receiving
15a stipend payable from State funds.
16    (b) In addition to any salary otherwise provided by law,
17beginning December 1, 2000, subject to appropriation, the
18recorder of deeds of Cook County for his or her additional
19duties imposed by law shall receive an annual stipend to be
20paid by the State Illinois Department of Revenue out of the
21Personal Property Tax Replacement Fund in an amount equal to
22the stipend paid to each recorder in other counties under
23subsection (d) of Section 4-6001 of this Code. The county board
24may not reduce or otherwise impair the compensation payable
25from county funds to the recorder of deeds if the reduction or

 

 

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1impairment is the result of the recorder of deeds receiving a
2stipend payable from State funds.
3(Source: P.A. 97-72, eff. 7-1-11.)
 
4    Section 15. The School Code is amended by changing Sections
52-3.62, 3-2.5, 3-15.10, and 18-5 and by adding Section 3A-18 as
6follows:
 
7    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
8    Sec. 2-3.62. Educational Service Centers.
9    (a) A regional network of educational service centers shall
10be established by the State Board of Education to coordinate
11and combine existing services in a manner which is practical
12and efficient and to provide new services to schools as
13provided in this Section. Services to be made available by such
14centers shall include the planning, implementation and
15evaluation of:
16        (1) (blank);
17        (2) computer technology education;
18        (3) mathematics, science and reading resources for
19    teachers including continuing education, inservice
20    training and staff development.
21    The centers may provide training, technical assistance,
22coordination and planning in other program areas such as school
23improvement, school accountability, financial planning,
24consultation, and services, career guidance, early childhood

 

 

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1education, alcohol/drug education and prevention, family life -
2 sex education, electronic transmission of data from school
3districts to the State, alternative education and regional
4special education, and telecommunications systems that provide
5distance learning. Such telecommunications systems may be
6obtained through the Department of Central Management Services
7pursuant to Section 405-270 of the Department of Central
8Management Services Law (20 ILCS 405/405-270). The programs and
9services of educational service centers may be offered to
10private school teachers and private school students within each
11service center area provided public schools have already been
12afforded adequate access to such programs and services.
13    Upon the abolition of the office, removal from office,
14disqualification for office, resignation from office, or
15expiration of the current term of office of the regional
16superintendent of schools, whichever is earlier, centers
17serving that portion of a Class II county school unit outside
18of a city of 500,000 or more inhabitants shall have and
19exercise, in and with respect to each educational service
20region having a population of 2,000,000 or more inhabitants and
21in and with respect to each school district located in any such
22educational service region, all of the rights, powers, duties,
23and responsibilities theretofore vested by law in and exercised
24and performed by the regional superintendent of schools for
25that area under the provisions of this Code or any other laws
26of this State.

 

 

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1    The State Board of Education shall promulgate rules and
2regulations necessary to implement this Section. The rules
3shall include detailed standards which delineate the scope and
4specific content of programs to be provided by each Educational
5Service Center, as well as the specific planning,
6implementation and evaluation services to be provided by each
7Center relative to its programs. The Board shall also provide
8the standards by which it will evaluate the programs provided
9by each Center.
10    (b) Centers serving Class 1 county school units shall be
11governed by an 11-member board, 3 members of which shall be
12public school teachers nominated by the local bargaining
13representatives to the appropriate regional superintendent for
14appointment and no more than 3 members of which shall be from
15each of the following categories, including but not limited to
16superintendents, regional superintendents, school board
17members and a representative of an institution of higher
18education. The members of the board shall be appointed by the
19regional superintendents whose school districts are served by
20the educational service center. The composition of the board
21will reflect the revisions of this amendatory Act of 1989 as
22the terms of office of current members expire.
23    (c) The centers shall be of sufficient size and number to
24assure delivery of services to all local school districts in
25the State.
26    (d) From monies appropriated for this program the State

 

 

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1Board of Education shall provide grants paid from the Personal
2Property Tax Replacement Fund for fiscal year 2012 only, and
3from the General Revenue Fund for fiscal year 2013 and beyond
4to qualifying Educational Service Centers applying for such
5grants in accordance with rules and regulations promulgated by
6the State Board of Education to implement this Section.
7    (e) The governing authority of each of the 18 regional
8educational service centers shall appoint a family life - sex
9education advisory board consisting of 2 parents, 2 teachers, 2
10school administrators, 2 school board members, 2 health care
11professionals, one library system representative, and the
12director of the regional educational service center who shall
13serve as chairperson of the advisory board so appointed.
14Members of the family life - sex education advisory boards
15shall serve without compensation. Each of the advisory boards
16appointed pursuant to this subsection shall develop a plan for
17regional teacher-parent family life - sex education training
18sessions and shall file a written report of such plan with the
19governing board of their regional educational service center.
20The directors of each of the regional educational service
21centers shall thereupon meet, review each of the reports
22submitted by the advisory boards and combine those reports into
23a single written report which they shall file with the Citizens
24Council on School Problems prior to the end of the regular
25school term of the 1987-1988 school year.
26    (f) The 14 educational service centers serving Class I

 

 

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1county school units shall be disbanded on the first Monday of
2August, 1995, and their statutory responsibilities and
3programs shall be assumed by the regional offices of education,
4subject to rules and regulations developed by the State Board
5of Education. The regional superintendents of schools elected
6by the voters residing in all Class I counties shall serve as
7the chief administrators for these programs and services. By
8rule of the State Board of Education, the 10 educational
9service regions of lowest population shall provide such
10services under cooperative agreements with larger regions.
11(Source: P.A. 96-893, eff. 7-1-10.)
 
12    (105 ILCS 5/3-2.5)
13    Sec. 3-2.5. Salaries.
14    (a) Except as otherwise provided in this Section, the
15regional superintendents of schools shall receive for their
16services an annual salary according to the population, as
17determined by the last preceding federal census, of the region
18they serve, as set out in the following schedule:
19SALARIES OF REGIONAL SUPERINTENDENTS OF
20SCHOOLS
21    POPULATION OF REGION                 ANNUAL SALARY
22    Less than 48,000                     $73,500
23    48,000 to 99,999                     $78,000
24    100,000 to 999,999                   $81,500
25    1,000,000 and over                   $83,500

 

 

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1    The changes made by Public Act 86-98 in the annual salary
2that the regional superintendents of schools shall receive for
3their services shall apply to the annual salary received by the
4regional superintendents of schools during each of their
5elected terms of office that commence after July 26, 1989 and
6before the first Monday of August, 1995.
7    The changes made by Public Act 89-225 in the annual salary
8that regional superintendents of schools shall receive for
9their services shall apply to the annual salary received by the
10regional superintendents of schools during their elected terms
11of office that commence after August 4, 1995 and end on August
121, 1999.
13    The changes made by this amendatory Act of the 91st General
14Assembly in the annual salary that the regional superintendents
15of schools shall receive for their services shall apply to the
16annual salary received by the regional superintendents of
17schools during each of their elected terms of office that
18commence on or after August 2, 1999.
19    Beginning July 1, 2000, the salary that the regional
20superintendent of schools receives for his or her services
21shall be adjusted annually to reflect the percentage increase,
22if any, in the most recent Consumer Price Index, as defined and
23officially reported by the United States Department of Labor,
24Bureau of Labor Statistics, except that no annual increment may
25exceed 2.9%. If the percentage of change in the Consumer Price
26Index is a percentage decrease, the salary that the regional

 

 

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1superintendent of schools receives shall not be adjusted for
2that year.
3    When regional superintendents are authorized by the School
4Code to appoint assistant regional superintendents, the
5assistant regional superintendent shall receive an annual
6salary based on his or her qualifications and computed as a
7percentage of the salary of the regional superintendent to whom
8he or she is assistant, as set out in the following schedule:
9SALARIES OF ASSISTANT REGIONAL
10SUPERINTENDENTS
11    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
12    ASSISTANT REGIONAL                   OF REGIONAL
13    SUPERINTENDENT                       SUPERINTENDENT
14    No Bachelor's degree, but State
15    certificate valid for teaching
16    and supervising.                     70%    
17    Bachelor's degree plus
18    State certificate valid
19    for supervising.                     75%    
20    Master's degree plus
21    State certificate valid
22    for supervising.                     90%    
23    However, in any region in which the appointment of more
24than one assistant regional superintendent is authorized,
25whether by Section 3-15.10 of this Code or otherwise, not more
26than one assistant may be compensated at the 90% rate and any

 

 

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1other assistant shall be paid at not exceeding the 75% rate, in
2each case depending on the qualifications of the assistant.
3    The salaries provided in this Section plus an amount for
4other employment-related compensation or benefits for regional
5superintendents and assistant regional superintendents are
6payable monthly by the State Board of Education out of the
7Personal Property Tax Replacement Fund through a specific
8appropriation to that effect in the State Board of Education
9budget for the fiscal year 2012 only, and are payable monthly
10from the Common School Fund for fiscal year 2013 and beyond
11through a specific appropriation to that effect in the State
12Board of Education budget. The State Comptroller in making his
13or her warrant to any county for the amount due it from the
14Personal Property Tax Replacement Fund for the fiscal year 2012
15only, and from the Common School Fund for fiscal year 2013 and
16beyond shall deduct from it the several amounts for which
17warrants have been issued to the regional superintendent, and
18any assistant regional superintendent, of the educational
19service region encompassing the county since the preceding
20apportionment from the Personal Property Tax Replacement Fund
21for the fiscal year 2012 only, and from the Common School Fund
22for fiscal year 2013 and beyond.
23    County boards may provide for additional compensation for
24the regional superintendent or the assistant regional
25superintendents, or for each of them, to be paid quarterly from
26the county treasury.

 

 

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1    (b) Upon abolition of the office of regional superintendent
2of schools in educational service regions containing 2,000,000
3or more inhabitants as provided in Section 3-0.01 of this Code,
4the funds provided under subsection (a) of this Section shall
5continue to be appropriated and reallocated, as provided for
6pursuant to subsection (b) of Section 3-0.01 of this Code, to
7the educational service centers established pursuant to
8Section 2-3.62 of this Code for an educational service region
9containing 2,000,000 or more inhabitants.
10    (c) If the State pays all or any portion of the employee
11contributions required under Section 16-152 of the Illinois
12Pension Code for employees of the State Board of Education, it
13shall also, subject to appropriation in the State Board of
14Education budget for such payments to Regional Superintendents
15and Assistant Regional Superintendents, pay the employee
16contributions required of regional superintendents of schools
17and assistant regional superintendents of schools on the same
18basis, but excluding any contributions based on compensation
19that is paid by the county rather than the State.
20    This subsection (c) applies to contributions based on
21payments of salary earned after the effective date of this
22amendatory Act of the 91st General Assembly, except that in the
23case of an elected regional superintendent of schools, this
24subsection does not apply to contributions based on payments of
25salary earned during a term of office that commenced before the
26effective date of this amendatory Act.

 

 

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1(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
297-333, eff. 8-12-11.)
 
3    (105 ILCS 5/3-15.10)  (from Ch. 122, par. 3-15.10)
4    Sec. 3-15.10. Assistant Regional Superintendent. To
5employ, in counties or regions of 2,000,000 inhabitants or
6less, in addition to any assistants authorized to be employed
7with the approval of the county board, an assistant regional
8superintendent of schools who shall be a person of good
9attainment, versed in the principles and methods of education,
10and qualified to teach and supervise schools under Article 21
11of this Act; to fix the term of such assistant and direct his
12work and define his duties. On the effective date of this
13amendatory Act of the 96th General Assembly, in regions
14established within that portion of a Class II county school
15unit outside of a city of 500,000 or more inhabitants, the
16employment of all persons serving as assistant county or
17regional superintendents of schools is terminated, the
18position of assistant regional superintendent of schools in
19each such region is abolished, and this Section shall,
20beginning on the effective date of this amendatory Act of the
2196th General Assembly, have no further application in the
22educational service region. Assistant regional superintendents
23shall each be a person of good attainment, versed in the
24principles and methods of education, and qualified to teach and
25supervise schools under Article 21 of this Act. The work of

 

 

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1such assistant regional superintendent shall be so arranged and
2directed that the county or regional superintendent and
3assistant superintendent, together, shall devote an amount of
4time during the school year, equal to at least the full time of
5one individual, to the supervision of schools and of teaching
6in the schools of the county.
7    A regional superintendent of schools shall not employ his
8or her spouse, child, stepchild, or relative as an assistant
9regional superintendent of schools. By September 1 each year, a
10regional superintendent shall certify to the State Board of
11Education that he or she has complied with this paragraph. If
12the State Board of Education becomes aware of the fact that a
13regional superintendent is employing his or her spouse, child,
14stepchild, or relative as an assistant regional
15superintendent, the State Board of Education shall report this
16information to the Governor and the Comptroller, and the State
17Board of Education shall not request for payment from the State
18Comptroller any warrants for the payment of the assistant
19regional superintendent's salary or other employment-related
20compensation or benefits. In this paragraph, "relative" means a
21grandparent, parent, aunt, uncle, sibling, first cousin,
22nephew, niece, grandchild, or spouse of one of these persons.
23This paragraph applies only to contracts for employment entered
24into on or after the effective date of this amendatory Act of
25the 91st General Assembly.
26(Source: P.A. 96-893, eff. 7-1-10.)
 

 

 

09700SB2147ham009- 25 -LRB097 09338 AMC 59718 a

1    (105 ILCS 5/3A-18 new)
2    Sec. 3A-18. Streamlining Illinois' Regional Offices of
3Education Commission.
4    (a) Recognizing the virtue of the regional offices of
5education in that locally elected public servants are working
6closely with local school boards and superintendents and in
7partnership with the State Board of Education, and in an effort
8to deliver these educational services more efficiently and
9effectively, there is hereby established the Streamlining
10Illinois' Regional Offices of Education Commission. The
11Commission shall explore and examine all duties of the State
12Board of Education and all regional offices of education and
13intermediate service centers, as well as the boundaries of the
14educational service regions as defined in this Article, in
15order to determine which duties and responsibilities should be
16provided regionally to more appropriately and efficiently
17deliver services and whether the boundaries of the education
18service regions can be expanded to streamline the regional
19offices of education. The Commission shall ensure that its
20recommendations include specifics as to the necessary funding
21to carry out identified responsibilities.
22    (b) The Commission shall consist of all of the following
23voting members:
24        (1) One person appointed by the Governor, who shall
25    serve as chairperson of the Commission.

 

 

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1        (2) One member appointed by the President of the
2    Senate.
3        (3) One member appointed by the Minority Leader of the
4    Senate.
5        (4) One member appointed by the Speaker of the House of
6    Representatives.
7        (5) One member appointed by the Minority Leader of the
8    House of Representatives.
9        (6) One member appointed by an association
10    representing regional superintendents of schools.
11        (7) One member appointed by an association
12    representing school boards.
13        (8) One member appointed by an association
14    representing school administrators.
15        (9) One member appointed by an association
16    representing school business officials.
17        (10) One member appointed by each of 2 statewide
18    associations representing teachers.
19        (11) One member from an intermediate service center
20    appointed by the State Superintendent of Education.
21        (12) One district superintendent from an urban school
22    district appointed by the State Superintendent of
23    Education.
24        (13) One district superintendent from a rural school
25    district appointed by the State Superintendent of
26    Education.

 

 

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1        (14) One representative from the State Board of
2    Education appointed by the State Superintendent of
3    Education.
4    Members appointed by the legislative leaders shall be
5appointed for the duration of the Commission; in the event of a
6vacancy, the appointment to fill the vacancy shall be made by
7the legislative leader of the same house and party as the
8leader who made the original appointment.
9    (c) The Commission may begin to conduct business upon the
10appointment of a majority of the voting members.
11    (d) The State Board of Education shall be the agency
12responsible for providing staff and administrative support to
13the Commission.
14    (e) Members of the Commission shall receive no compensation
15for their participation, but may be reimbursed by the State
16Board of Education for expenses in connection with their
17participation, including travel, if funds are available.
18    (f) The Commission shall submit a final report of its
19findings and recommendations to the Governor and the General
20Assembly on or before August 1, 2012. The Commission may submit
21other reports as it deems appropriate.
22    (g) The Commission is abolished on August 2, 2012, and this
23Section is repealed on August 2, 2012.
 
24    (105 ILCS 5/18-5)  (from Ch. 122, par. 18-5)
25    Sec. 18-5. Compensation of regional superintendents and

 

 

09700SB2147ham009- 28 -LRB097 09338 AMC 59718 a

1assistants. The State Board of Education shall request an
2appropriation payable from the Personal Property Tax
3Replacement Fund for fiscal year 2012 only, and the common
4school fund for fiscal year 2013 and beyond as and for
5compensation for regional superintendents of schools and the
6assistant regional superintendents of schools authorized by
7Section 3-15.10 of this Act, and as provided in "An Act
8concerning fees and salaries and to classify the several
9counties of this State with reference thereto", approved March
1029, 1872 as amended, and shall present vouchers to the
11Comptroller monthly for the payment to the several regional
12superintendents and such assistant regional superintendents of
13their compensation as fixed by law. Such payments shall be made
14either (1) monthly, at the close of the month, or (2)
15semimonthly on or around the 15th of the month and at the close
16of the month, at the option of the regional superintendent or
17assistant regional superintendent.
18(Source: P.A. 83-686.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".