97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3828

 

Introduced 10/5/2011___________, by

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 115/12  from Ch. 85, par. 616
105 ILCS 5/3-2.5
105 ILCS 5/3-15.10  from Ch. 122, par. 3-15.10
105 ILCS 5/18-5  from Ch. 122, par. 18-5

    Amends the State Revenue Sharing Act. Includes regional officials and local officials among the expenses for which the payments of revenue into the Personal Property Tax Replacement Fund shall be used. Makes corresponding changes. Amends the School Code in the Article concerning regional superintendents of schools to provide that the salaries plus an amount for other employment-related compensation or benefits for regional superintendents and assistant regional superintendents are payable monthly by the State Board of Education out of the personal Property Tax Replacement Fund through a specific appropriation to that effect in the State Board of Education budget. Makes corresponding changes. Makes a change concerning reporting requirements when the State Board of Education becomes aware that a regional superintendent is employing his or her relative as an assistant regional superintendent. Further amends the School Code in the Article concerning the common school fund to provide that the State Board of Education shall request an appropriation payable from the Personal Property Tax Replacement Fund or the common school fund (rather than the common school fund only) for compensation for regional superintendents of schools and the assistant regional superintendents of schools. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
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 officials, and local officials as
13provided in this Section and in the School Code, payment of the
14ordinary and contingent expenses of the Property Tax Appeal
15Board, payment of the expenses of the Department of Revenue
16incurred in administering the collection and distribution of
17monies paid into the Personal Property Tax Replacement Fund and
18transfers due to refunds to taxpayers for overpayment of
19liability for taxes paid into the Personal Property Tax
20Replacement 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 and regional government officials as
7    authorized or required by statute and (ii) no more than
8    105% of the actual administrative expenses of the prior
9    fiscal year, including payment of the ordinary and
10    contingent expenses of the Property Tax Appeal Board and
11    payment of the expenses of the Department of Revenue
12    incurred in administering the collection and distribution
13    of moneys paid into the Fund. Such portion of the fund
14    shall be determined after the transfer into the General
15    Revenue Fund due to refunds, if any, paid from the General
16    Revenue Fund during the preceding quarter. If at any time,
17    for any reason, there is insufficient amount in the
18    Personal Property Tax Replacement Fund for payments for
19    regional official or local officials or payment of costs of
20    administration or for transfers due to refunds at the end
21    of any particular month, the amount of such insufficiency
22    shall be carried over for the purposes of payments for
23    regional officials, local officials, transfers into the
24    General Revenue Fund, and for purposes of costs of
25    administration to the following month or months. Net
26    replacement revenue held, and defined above, shall be

 

 

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1    transferred by the Treasurer and Comptroller to the
2    Personal Property Tax Replacement Fund within 10 days of
3    such certification.
4        (2) Each quarterly allocation shall first be
5    apportioned in the following manner: 51.65% for taxing
6    districts in Cook County and 48.35% for taxing districts in
7    the remainder of the State.
8    The Personal Property Replacement Ratio of each taxing
9district outside Cook County shall be the ratio which the Tax
10Base of that taxing district bears to the Downstate Tax Base.
11The Tax Base of each taxing district outside of Cook County is
12the personal property tax collections for that taxing district
13for the 1977 tax year. The Downstate Tax Base is the personal
14property tax collections for all taxing districts in the State
15outside of Cook County for the 1977 tax year. The Department of
16Revenue shall have authority to review for accuracy and
17completeness the personal property tax collections for each
18taxing district outside Cook County for the 1977 tax year.
19    The Personal Property Replacement Ratio of each Cook County
20taxing district shall be the ratio which the Tax Base of that
21taxing district bears to the Cook County Tax Base. The Tax Base
22of each Cook County taxing district is the personal property
23tax collections for that taxing district for the 1976 tax year.
24The Cook County Tax Base is the personal property tax
25collections for all taxing districts in Cook County for the
261976 tax year. The Department of Revenue shall have authority

 

 

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

 

 

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1taxing district shall be added to the Tax Base of the taxing
2district assuming such powers, duties and obligations.
3    If two or more taxing districts in existence on July 1,
41979, or a successor or successors thereto shall consolidate
5into one taxing district, the Tax Base of such consolidated
6taxing district shall be the sum of the Tax Bases of each of
7the taxing districts which have consolidated.
8    If a single taxing district in existence on July 1, 1979,
9or a successor or successors thereto shall be divided into two
10or more separate taxing districts, the tax base of the taxing
11district so divided shall be allocated to each of the resulting
12taxing districts in proportion to the then current equalized
13assessed value of each resulting taxing district.
14    If a portion of the territory of a taxing district is
15disconnected and annexed to another taxing district of the same
16type, the Tax Base of the taxing district from which
17disconnection was made shall be reduced in proportion to the
18then current equalized assessed value of the disconnected
19territory as compared with the then current equalized assessed
20value within the entire territory of the taxing district prior
21to disconnection, and the amount of such reduction shall be
22added to the Tax Base of the taxing district to which
23annexation is made.
24    If a community college district is created after July 1,
251979, beginning on the effective date of this amendatory Act of
261995, its Tax Base shall be 3.5% of the sum of the personal

 

 

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1property tax collected for the 1977 tax year within the
2territorial jurisdiction of the district.
3    The amounts allocated and paid to taxing districts pursuant
4to the provisions of this amendatory Act of 1979 shall be
5deemed to be substitute revenues for the revenues derived from
6taxes imposed on personal property pursuant to the provisions
7of the "Revenue Act of 1939" or "An Act for the assessment and
8taxation of private car line companies", approved July 22,
91943, as amended, or Section 414 of the Illinois Insurance
10Code, prior to the abolition of such taxes and shall be used
11for the same purposes as the revenues derived from ad valorem
12taxes on real estate.
13    Monies received by any taxing districts from the Personal
14Property Tax Replacement Fund shall be first applied toward
15payment of the proportionate amount of debt service which was
16previously levied and collected from extensions against
17personal property on bonds outstanding as of December 31, 1978
18and next applied toward payment of the proportionate share of
19the pension or retirement obligations of the taxing district
20which were previously levied and collected from extensions
21against personal property. For each such outstanding bond
22issue, the County Clerk shall determine the percentage of the
23debt service which was collected from extensions against real
24estate in the taxing district for 1978 taxes payable in 1979,
25as related to the total amount of such levies and collections
26from extensions against both real and personal property. For

 

 

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11979 and subsequent years' taxes, the County Clerk shall levy
2and extend taxes against the real estate of each taxing
3district which will yield the said percentage or percentages of
4the debt service on such outstanding bonds. The balance of the
5amount necessary to fully pay such debt service shall
6constitute a first and prior lien upon the monies received by
7each such taxing district through the Personal Property Tax
8Replacement Fund and shall be first applied or set aside for
9such purpose. In counties having fewer than 3,000,000
10inhabitants, the amendments to this paragraph as made by this
11amendatory Act of 1980 shall be first applicable to 1980 taxes
12to be collected in 1981.
13(Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11.)
 
14    Section 10. The School Code is amended by changing Sections
153-2.5, 3-15.10, and 18-5 as follows:
 
16    (105 ILCS 5/3-2.5)
17    Sec. 3-2.5. Salaries.
18    (a) Except as otherwise provided in this Section, the
19regional superintendents of schools shall receive for their
20services an annual salary according to the population, as
21determined by the last preceding federal census, of the region
22they serve, as set out in the following schedule:
23SALARIES OF REGIONAL SUPERINTENDENTS OF
24SCHOOLS

 

 

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1    POPULATION OF REGION                 ANNUAL SALARY
2    Less than 48,000                     $73,500
3    48,000 to 99,999                     $78,000
4    100,000 to 999,999                   $81,500
5    1,000,000 and over                   $83,500
6    The changes made by Public Act 86-98 in the annual salary
7that the regional superintendents of schools shall receive for
8their services shall apply to the annual salary received by the
9regional superintendents of schools during each of their
10elected terms of office that commence after July 26, 1989 and
11before the first Monday of August, 1995.
12    The changes made by Public Act 89-225 in the annual salary
13that regional superintendents of schools shall receive for
14their services shall apply to the annual salary received by the
15regional superintendents of schools during their elected terms
16of office that commence after August 4, 1995 and end on August
171, 1999.
18    The changes made by this amendatory Act of the 91st General
19Assembly in the annual salary that the regional superintendents
20of schools shall receive for their services shall apply to the
21annual salary received by the regional superintendents of
22schools during each of their elected terms of office that
23commence on or after August 2, 1999.
24    Beginning July 1, 2000, the salary that the regional
25superintendent of schools receives for his or her services
26shall be adjusted annually to reflect the percentage increase,

 

 

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1if any, in the most recent Consumer Price Index, as defined and
2officially reported by the United States Department of Labor,
3Bureau of Labor Statistics, except that no annual increment may
4exceed 2.9%. If the percentage of change in the Consumer Price
5Index is a percentage decrease, the salary that the regional
6superintendent of schools receives shall not be adjusted for
7that year.
8    When regional superintendents are authorized by the School
9Code to appoint assistant regional superintendents, the
10assistant regional superintendent shall receive an annual
11salary based on his or her qualifications and computed as a
12percentage of the salary of the regional superintendent to whom
13he or she is assistant, as set out in the following schedule:
14SALARIES OF ASSISTANT REGIONAL
15SUPERINTENDENTS
16    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
17    ASSISTANT REGIONAL                   OF REGIONAL
18    SUPERINTENDENT                       SUPERINTENDENT
19    No Bachelor's degree, but State
20    certificate valid for teaching
21    and supervising.                     70%    
22    Bachelor's degree plus
23    State certificate valid
24    for supervising.                     75%    
25    Master's degree plus
26    State certificate valid

 

 

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1    for supervising.                     90%    
2    However, in any region in which the appointment of more
3than one assistant regional superintendent is authorized,
4whether by Section 3-15.10 of this Code or otherwise, not more
5than one assistant may be compensated at the 90% rate and any
6other assistant shall be paid at not exceeding the 75% rate, in
7each case depending on the qualifications of the assistant.
8    The salaries provided in this Section plus an amount for
9other employment-related compensation or benefits for regional
10superintendents and assistant regional superintendents are
11payable monthly by the State Board of Education out of the
12personal Property Tax Replacement Fund through a specific
13appropriation to that effect in the State Board of Education
14budget. The State Comptroller in making his or her warrant to
15any county for the amount due it from the Personal Property Tax
16Replacement Fund shall deduct from it the several amounts for
17which warrants have been issued to the regional superintendent,
18and any assistant regional superintendent, of the educational
19service region encompassing the county since the preceding
20apportionment from the Personal Property Tax Replacement Fund.
21    County boards may provide for additional compensation for
22the regional superintendent or the assistant regional
23superintendents, or for each of them, to be paid quarterly from
24the county treasury.
25    (b) Upon abolition of the office of regional superintendent
26of schools in educational service regions containing 2,000,000

 

 

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1or more inhabitants as provided in Section 3-0.01 of this Code,
2the funds provided under subsection (a) of this Section shall
3continue to be appropriated and reallocated, as provided for
4pursuant to subsection (b) of Section 3-0.01 of this Code, to
5the educational service centers established pursuant to
6Section 2-3.62 of this Code for an educational service region
7containing 2,000,000 or more inhabitants.
8    (c) If the State pays all or any portion of the employee
9contributions required under Section 16-152 of the Illinois
10Pension Code for employees of the State Board of Education, it
11shall also, subject to appropriation in the State Board of
12Education budget for such payments to Regional Superintendents
13and Assistant Regional Superintendents, pay the employee
14contributions required of regional superintendents of schools
15and assistant regional superintendents of schools on the same
16basis, but excluding any contributions based on compensation
17that is paid by the county rather than the State.
18    This subsection (c) applies to contributions based on
19payments of salary earned after the effective date of this
20amendatory Act of the 91st General Assembly, except that in the
21case of an elected regional superintendent of schools, this
22subsection does not apply to contributions based on payments of
23salary earned during a term of office that commenced before the
24effective date of this amendatory Act.
25(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
2697-333, eff. 8-12-11.)
 

 

 

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1    (105 ILCS 5/3-15.10)  (from Ch. 122, par. 3-15.10)
2    Sec. 3-15.10. Assistant Regional Superintendent. To
3employ, in counties or regions of 2,000,000 inhabitants or
4less, in addition to any assistants authorized to be employed
5with the approval of the county board, an assistant regional
6superintendent of schools who shall be a person of good
7attainment, versed in the principles and methods of education,
8and qualified to teach and supervise schools under Article 21
9of this Act; to fix the term of such assistant and direct his
10work and define his duties. On the effective date of this
11amendatory Act of the 96th General Assembly, in regions
12established within that portion of a Class II county school
13unit outside of a city of 500,000 or more inhabitants, the
14employment of all persons serving as assistant county or
15regional superintendents of schools is terminated, the
16position of assistant regional superintendent of schools in
17each such region is abolished, and this Section shall,
18beginning on the effective date of this amendatory Act of the
1996th General Assembly, have no further application in the
20educational service region. Assistant regional superintendents
21shall each be a person of good attainment, versed in the
22principles and methods of education, and qualified to teach and
23supervise schools under Article 21 of this Act. The work of
24such assistant regional superintendent shall be so arranged and
25directed that the county or regional superintendent and

 

 

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1assistant superintendent, together, shall devote an amount of
2time during the school year, equal to at least the full time of
3one individual, to the supervision of schools and of teaching
4in the schools of the county.
5    A regional superintendent of schools shall not employ his
6or her spouse, child, stepchild, or relative as an assistant
7regional superintendent of schools. By September 1 each year, a
8regional superintendent shall certify to the State Board of
9Education that he or she has complied with this paragraph. If
10the State Board of Education becomes aware of the fact that a
11regional superintendent is employing his or her spouse, child,
12stepchild, or relative as an assistant regional
13superintendent, the State Board of Education shall report this
14information to the Governor and the Comptroller, and the State
15Board of Education shall not request for payment from the State
16Comptroller any warrants for the payment of the assistant
17regional superintendent's salary or other employment-related
18compensation or benefits. In this paragraph, "relative" means a
19grandparent, parent, aunt, uncle, sibling, first cousin,
20nephew, niece, grandchild, or spouse of one of these persons.
21This paragraph applies only to contracts for employment entered
22into on or after the effective date of this amendatory Act of
23the 91st General Assembly.
24(Source: P.A. 96-893, eff. 7-1-10.)
 
25    (105 ILCS 5/18-5)  (from Ch. 122, par. 18-5)

 

 

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1    Sec. 18-5. Compensation of regional superintendents and
2assistants. The State Board of Education shall request an
3appropriation payable from the Personal Property Tax
4Replacement Fund or the common school fund 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.