Rep. Barbara Flynn Currie
Filed: 5/10/2013
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1 | AMENDMENT TO SENATE BILL 492
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2 | AMENDMENT NO. ______. Amend Senate Bill 492 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Revenue Sharing Act is amended by | ||||||
5 | changing Section 12 as follows:
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6 | (30 ILCS 115/12) (from Ch. 85, par. 616)
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7 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
8 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
9 | special fund in
the State Treasury into which shall be paid all | ||||||
10 | revenue realized:
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11 | (a) all amounts realized from the additional personal | ||||||
12 | property tax
replacement income tax imposed by subsections (c) | ||||||
13 | and (d) of Section 201 of the
Illinois Income Tax Act, except | ||||||
14 | for those amounts deposited into the Income Tax
Refund Fund | ||||||
15 | pursuant to subsection (c) of Section 901 of the Illinois | ||||||
16 | Income
Tax Act; and
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1 | (b) all amounts realized from the additional personal | ||||||
2 | property replacement
invested capital taxes imposed by Section | ||||||
3 | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | ||||||
4 | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | ||||||
5 | Section 3 of the Water Company Invested Capital
Tax Act, and | ||||||
6 | amounts payable to the Department of Revenue under the
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7 | Telecommunications Infrastructure Maintenance Fee Act.
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8 | As soon as may be after the end of each month, the | ||||||
9 | Department of Revenue
shall certify to the Treasurer and the | ||||||
10 | Comptroller the amount of all refunds
paid out of the General | ||||||
11 | Revenue Fund through the preceding month on account
of | ||||||
12 | overpayment of liability on taxes paid into the Personal | ||||||
13 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
14 | certification, the Treasurer and
the Comptroller shall | ||||||
15 | transfer the amount so certified from the Personal
Property Tax | ||||||
16 | Replacement Fund into the General Revenue Fund.
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17 | The payments of revenue into the Personal Property Tax | ||||||
18 | Replacement Fund
shall be used exclusively for distribution to | ||||||
19 | taxing districts, regional offices and officials for fiscal | ||||||
20 | years 2012 and 2013 only , and local officials as provided
in | ||||||
21 | this Section and in the School Code, payment of the ordinary | ||||||
22 | and contingent expenses of the Property Tax Appeal Board, | ||||||
23 | payment of the expenses of the Department of Revenue incurred
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24 | in administering the collection and distribution of monies paid | ||||||
25 | into the
Personal Property Tax Replacement Fund and transfers | ||||||
26 | due to refunds to
taxpayers for overpayment of liability for |
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1 | taxes paid into the Personal
Property Tax Replacement Fund.
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2 | In addition, moneys in the Personal Property Tax
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3 | Replacement Fund may be used to pay any of the following: (i) | ||||||
4 | salary, stipends, and additional compensation as provided by | ||||||
5 | law for chief election clerks, county clerks, and county | ||||||
6 | recorders; (ii) costs associated with regional offices of | ||||||
7 | education and educational service centers; and (iii) | ||||||
8 | reimbursements payable by the State Board of Elections under | ||||||
9 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
10 | Election Code. | ||||||
11 | As soon as may be after the effective date of this | ||||||
12 | amendatory Act of 1980,
the Department of Revenue shall certify | ||||||
13 | to the Treasurer the amount of net
replacement revenue paid | ||||||
14 | into the General Revenue Fund prior to that effective
date from | ||||||
15 | the additional tax imposed by Section 2a.1 of the Messages Tax
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16 | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||||||
17 | the Public
Utilities Revenue Act; Section 3 of the Water | ||||||
18 | Company Invested Capital Tax Act;
amounts collected by the | ||||||
19 | Department of Revenue under the Telecommunications | ||||||
20 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
21 | personal
property tax replacement income tax imposed by
the | ||||||
22 | Illinois Income Tax Act, as amended by Public
Act 81-1st | ||||||
23 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
24 | the total amount paid into and remaining in the General Revenue | ||||||
25 | Fund as a
result of those Acts minus the amount outstanding and | ||||||
26 | obligated from the
General Revenue Fund in state vouchers or |
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1 | warrants prior to the effective
date of this amendatory Act of | ||||||
2 | 1980 as refunds to taxpayers for overpayment
of liability under | ||||||
3 | those Acts.
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4 | All interest earned by monies accumulated in the Personal | ||||||
5 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
6 | All amounts allocated
pursuant to this Section are appropriated | ||||||
7 | on a continuing basis.
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8 | Prior to December 31, 1980, as soon as may be after the end | ||||||
9 | of each quarter
beginning with the quarter ending December 31, | ||||||
10 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
11 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
12 | October 1 and December 1 of each year, the Department
of | ||||||
13 | Revenue shall allocate to each taxing district as defined in | ||||||
14 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
15 | provisions of paragraph (2) of this Section the portion of the | ||||||
16 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
17 | is required to be
distributed, as provided in paragraph (1), | ||||||
18 | for each quarter. Provided,
however, under no circumstances | ||||||
19 | shall any taxing district during each of the
first two years of | ||||||
20 | distribution of the taxes imposed by this amendatory Act of
| ||||||
21 | 1979 be entitled to an annual allocation which is less than the | ||||||
22 | funds such
taxing district collected from the 1978 personal | ||||||
23 | property tax. Provided further
that under no circumstances | ||||||
24 | shall any taxing district during the third year of
distribution | ||||||
25 | of the taxes imposed by this amendatory Act of 1979 receive | ||||||
26 | less
than 60% of the funds such taxing district collected from |
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1 | the 1978 personal
property tax. In the event that the total of | ||||||
2 | the allocations made as above
provided for all taxing | ||||||
3 | districts, during either of such 3 years, exceeds the
amount | ||||||
4 | available for distribution the allocation of each taxing | ||||||
5 | district shall
be proportionately reduced. Except as provided | ||||||
6 | in Section 13 of this Act, the
Department shall then certify, | ||||||
7 | pursuant to appropriation, such allocations to
the State | ||||||
8 | Comptroller who shall pay over to the several taxing districts | ||||||
9 | the
respective amounts allocated to them.
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10 | Any township which receives an allocation based in whole or | ||||||
11 | in part upon
personal property taxes which it levied pursuant | ||||||
12 | to Section 6-507 or 6-512
of the Illinois Highway Code and | ||||||
13 | which was previously
required to be paid
over to a municipality | ||||||
14 | shall immediately pay over to that municipality a
proportionate | ||||||
15 | share of the personal property replacement funds which such
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16 | township receives.
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17 | Any municipality or township, other than a municipality | ||||||
18 | with a population
in excess of 500,000, which receives an | ||||||
19 | allocation based in whole or in
part on personal property taxes | ||||||
20 | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | ||||||
21 | Illinois Local Library Act and which was
previously
required to | ||||||
22 | be paid over to a public library shall immediately pay over
to | ||||||
23 | that library a proportionate share of the personal property tax | ||||||
24 | replacement
funds which such municipality or township | ||||||
25 | receives; provided that if such
a public library has converted | ||||||
26 | to a library organized under The Illinois
Public Library |
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1 | District Act, regardless of whether such conversion has
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2 | occurred on, after or before January 1, 1988, such | ||||||
3 | proportionate share
shall be immediately paid over to the | ||||||
4 | library district which maintains and
operates the library. | ||||||
5 | However, any library that has converted prior to January
1, | ||||||
6 | 1988, and which hitherto has not received the personal property | ||||||
7 | tax
replacement funds, shall receive such funds commencing on | ||||||
8 | January 1, 1988.
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9 | Any township which receives an allocation based in whole or | ||||||
10 | in part on
personal property taxes which it levied pursuant to | ||||||
11 | Section 1c of the Public
Graveyards Act and which taxes were | ||||||
12 | previously required to be paid
over to or used for such public | ||||||
13 | cemetery or cemeteries shall immediately
pay over to or use for | ||||||
14 | such public cemetery or cemeteries a proportionate
share of the | ||||||
15 | personal property tax replacement funds which the township
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16 | receives.
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17 | Any taxing district which receives an allocation based in | ||||||
18 | whole or in
part upon personal property taxes which it levied | ||||||
19 | for another
governmental body or school district in Cook County | ||||||
20 | in 1976 or for
another governmental body or school district in | ||||||
21 | the remainder of the
State in 1977 shall immediately pay over | ||||||
22 | to that governmental body or
school district the amount of | ||||||
23 | personal property replacement funds which
such governmental | ||||||
24 | body or school district would receive directly under
the | ||||||
25 | provisions of paragraph (2) of this Section, had it levied its | ||||||
26 | own
taxes.
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1 | (1) The portion of the Personal Property Tax | ||||||
2 | Replacement Fund required to
be
distributed as of the time | ||||||
3 | allocation is required to be made shall be the
amount | ||||||
4 | available in such Fund as of the time allocation is | ||||||
5 | required to be made.
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6 | The amount available for distribution shall be the | ||||||
7 | total amount in the
fund at such time minus the necessary | ||||||
8 | administrative and other authorized expenses as limited
by | ||||||
9 | the appropriation and the amount determined by: (a) $2.8 | ||||||
10 | million for
fiscal year 1981; (b) for fiscal year 1982, | ||||||
11 | .54% of the funds distributed
from the fund during the | ||||||
12 | preceding fiscal year; (c) for fiscal year 1983
through | ||||||
13 | fiscal year 1988, .54% of the funds distributed from the | ||||||
14 | fund during
the preceding fiscal year less .02% of such | ||||||
15 | fund for fiscal year 1983 and
less .02% of such funds for | ||||||
16 | each fiscal year thereafter; (d) for fiscal
year 1989 | ||||||
17 | through fiscal year 2011 no more than 105% of the actual | ||||||
18 | administrative expenses
of the prior fiscal year; (e) for | ||||||
19 | fiscal year 2012 and beyond, a sufficient amount to pay (i) | ||||||
20 | stipends, additional compensation, salary reimbursements, | ||||||
21 | and other amounts directed to be paid out of this Fund for | ||||||
22 | local officials as authorized or required by statute and | ||||||
23 | (ii) no more than 105% of the actual administrative | ||||||
24 | expenses of the prior fiscal year, including payment of the | ||||||
25 | ordinary and contingent expenses of the Property Tax Appeal | ||||||
26 | Board and payment of the expenses of the Department of |
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1 | Revenue incurred in administering the collection and | ||||||
2 | distribution of moneys paid into the Fund; or (f) for | ||||||
3 | fiscal years 2012 and 2013 only, a sufficient amount to pay | ||||||
4 | stipends, additional compensation, salary reimbursements, | ||||||
5 | and other amounts directed to be paid out of this Fund for | ||||||
6 | regional offices and officials as authorized or required by | ||||||
7 | statute. Such portion of the fund shall be determined after
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8 | the transfer into the General Revenue Fund due to refunds, | ||||||
9 | if any, paid
from the General Revenue Fund during the | ||||||
10 | preceding quarter. If at any time,
for any reason, there is | ||||||
11 | insufficient amount in the Personal Property
Tax | ||||||
12 | Replacement Fund for payments for regional offices and | ||||||
13 | officials or local officials or payment of costs of | ||||||
14 | administration or for transfers
due to refunds at the end | ||||||
15 | of any particular month, the amount of such
insufficiency | ||||||
16 | shall be carried over for the purposes of payments for | ||||||
17 | regional offices and officials, local officials, transfers | ||||||
18 | into the
General Revenue Fund, and costs of administration | ||||||
19 | to the
following month or months. Net replacement revenue | ||||||
20 | held, and defined above,
shall be transferred by the | ||||||
21 | Treasurer and Comptroller to the Personal Property
Tax | ||||||
22 | Replacement Fund within 10 days of such certification.
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23 | (2) Each quarterly allocation shall first be | ||||||
24 | apportioned in the
following manner: 51.65% for taxing | ||||||
25 | districts in Cook County and 48.35%
for taxing districts in | ||||||
26 | the remainder of the State.
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1 | The Personal Property Replacement Ratio of each taxing | ||||||
2 | district
outside Cook County shall be the ratio which the Tax | ||||||
3 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
4 | The Tax Base of each taxing
district outside of Cook County is | ||||||
5 | the personal property tax collections
for that taxing district | ||||||
6 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
7 | property tax collections for all taxing districts in the
State | ||||||
8 | outside of Cook County for the 1977 tax year. The Department of
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9 | Revenue shall have authority to review for accuracy and | ||||||
10 | completeness the
personal property tax collections for each | ||||||
11 | taxing district outside Cook
County for the 1977 tax year.
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12 | The Personal Property Replacement Ratio of each Cook County | ||||||
13 | taxing
district shall be the ratio which the Tax Base of that | ||||||
14 | taxing district
bears to the Cook County Tax Base. The Tax Base | ||||||
15 | of each Cook County
taxing district is the personal property | ||||||
16 | tax collections for that taxing
district for the 1976 tax year. | ||||||
17 | The Cook County Tax Base is the
personal property tax | ||||||
18 | collections for all taxing districts in Cook
County for the | ||||||
19 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
20 | to review for accuracy and completeness the personal property | ||||||
21 | tax
collections for each taxing district within Cook County for | ||||||
22 | the 1976 tax year.
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23 | For all purposes of this Section 12, amounts paid to a | ||||||
24 | taxing district
for such tax years as may be applicable by a | ||||||
25 | foreign corporation under the
provisions of Section 7-202 of | ||||||
26 | the Public Utilities Act, as amended,
shall be deemed to be |
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1 | personal property taxes collected by such taxing district
for | ||||||
2 | such tax years as may be applicable. The Director shall | ||||||
3 | determine from the
Illinois Commerce Commission, for any tax | ||||||
4 | year as may be applicable, the
amounts so paid by any such | ||||||
5 | foreign corporation to any and all taxing
districts. The | ||||||
6 | Illinois Commerce Commission shall furnish such information to
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7 | the Director. For all purposes of this Section 12, the Director | ||||||
8 | shall deem such
amounts to be collected personal property taxes | ||||||
9 | of each such taxing district
for the applicable tax year or | ||||||
10 | years.
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11 | Taxing districts located both in Cook County and in one or | ||||||
12 | more other
counties shall receive both a Cook County allocation | ||||||
13 | and a Downstate
allocation determined in the same way as all | ||||||
14 | other taxing districts.
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15 | If any taxing district in existence on July 1, 1979 ceases | ||||||
16 | to exist,
or discontinues its operations, its Tax Base shall | ||||||
17 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
18 | obligations of the discontinued
taxing district are assumed by | ||||||
19 | another taxing district, the Tax Base of
the discontinued | ||||||
20 | taxing district shall be added to the Tax Base of the
taxing | ||||||
21 | district assuming such powers, duties and obligations.
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22 | If two or more taxing districts in existence on July 1, | ||||||
23 | 1979, or a
successor or successors thereto shall consolidate | ||||||
24 | into one taxing
district, the Tax Base of such consolidated | ||||||
25 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
26 | the taxing districts which have consolidated.
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1 | If a single taxing district in existence on July 1, 1979, | ||||||
2 | or a
successor or successors thereto shall be divided into two | ||||||
3 | or more
separate taxing districts, the tax base of the taxing | ||||||
4 | district so
divided shall be allocated to each of the resulting | ||||||
5 | taxing districts in
proportion to the then current equalized | ||||||
6 | assessed value of each resulting
taxing district.
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7 | If a portion of the territory of a taxing district is | ||||||
8 | disconnected
and annexed to another taxing district of the same | ||||||
9 | type, the Tax Base of
the taxing district from which | ||||||
10 | disconnection was made shall be reduced
in proportion to the | ||||||
11 | then current equalized assessed value of the disconnected
| ||||||
12 | territory as compared with the then current equalized assessed | ||||||
13 | value within the
entire territory of the taxing district prior | ||||||
14 | to disconnection, and the
amount of such reduction shall be | ||||||
15 | added to the Tax Base of the taxing
district to which | ||||||
16 | annexation is made.
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17 | If a community college district is created after July 1, | ||||||
18 | 1979,
beginning on the effective date of this amendatory Act of | ||||||
19 | 1995, its Tax Base
shall be 3.5% of the sum of the personal | ||||||
20 | property tax collected for the
1977 tax year within the | ||||||
21 | territorial jurisdiction of the district.
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22 | The amounts allocated and paid to taxing districts pursuant | ||||||
23 | to
the provisions of this amendatory Act of 1979 shall be | ||||||
24 | deemed to be
substitute revenues for the revenues derived from | ||||||
25 | taxes imposed on
personal property pursuant to the provisions | ||||||
26 | of the "Revenue Act of
1939" or "An Act for the assessment and |
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1 | taxation of private car line
companies", approved July 22, | ||||||
2 | 1943, as amended, or Section 414 of the
Illinois Insurance | ||||||
3 | Code, prior to the abolition of such taxes and shall
be used | ||||||
4 | for the same purposes as the revenues derived from ad valorem
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5 | taxes on real estate.
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6 | Monies received by any taxing districts from the Personal | ||||||
7 | Property
Tax Replacement Fund shall be first applied toward | ||||||
8 | payment of the proportionate
amount of debt service which was | ||||||
9 | previously levied and collected from
extensions against | ||||||
10 | personal property on bonds outstanding as of December 31,
1978 | ||||||
11 | and next applied toward payment of the proportionate share of | ||||||
12 | the pension
or retirement obligations of the taxing district | ||||||
13 | which were previously levied
and collected from extensions | ||||||
14 | against personal property. For each such
outstanding bond | ||||||
15 | issue, the County Clerk shall determine the percentage of the
| ||||||
16 | debt service which was collected from extensions against real | ||||||
17 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
18 | as related to the total amount
of such levies and collections | ||||||
19 | from extensions against both real and personal
property. For | ||||||
20 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
21 | and extend taxes against the real estate of each taxing | ||||||
22 | district which will
yield the said percentage or percentages of | ||||||
23 | the debt service on such
outstanding bonds. The balance of the | ||||||
24 | amount necessary to fully pay such debt
service shall | ||||||
25 | constitute a first and prior lien upon the monies
received by | ||||||
26 | each such taxing district through the Personal Property Tax
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1 | Replacement Fund and shall be first applied or set aside for | ||||||
2 | such purpose.
In counties having fewer than 3,000,000 | ||||||
3 | inhabitants, the amendments to
this paragraph as made by this | ||||||
4 | amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||||||
5 | to be collected in 1981.
| ||||||
6 | (Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11; 97-619, | ||||||
7 | eff. 11-14-11; 97-732, eff. 6-30-12.)
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8 | Section 10. The School Code is amended by changing Sections | ||||||
9 | 2-3.62, 3-2.5, and 18-5 as follows:
| ||||||
10 | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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11 | Sec. 2-3.62. Educational Service Centers.
| ||||||
12 | (a) A regional network of educational service centers shall | ||||||
13 | be established
by the State Board of Education to coordinate | ||||||
14 | and combine existing services in
a manner which is practical | ||||||
15 | and efficient and to provide new services to
schools as | ||||||
16 | provided in this Section. Services to be made available by such
| ||||||
17 | centers shall include the planning, implementation and | ||||||
18 | evaluation of:
| ||||||
19 | (1) (blank);
| ||||||
20 | (2) computer technology education;
| ||||||
21 | (3) mathematics, science and reading resources for | ||||||
22 | teachers including
continuing education, inservice | ||||||
23 | training and staff development.
| ||||||
24 | The centers may provide training, technical assistance, |
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1 | coordination and
planning in other program areas such as school | ||||||
2 | improvement, school
accountability, financial planning, | ||||||
3 | consultation, and services, career guidance, early childhood | ||||||
4 | education, alcohol/drug
education and prevention, family life - | ||||||
5 | sex education, electronic transmission
of data from school | ||||||
6 | districts to the State, alternative education and regional
| ||||||
7 | special education, and telecommunications systems that provide | ||||||
8 | distance
learning. Such telecommunications systems may be | ||||||
9 | obtained through the
Department of Central Management Services | ||||||
10 | pursuant to Section 405-270 of the
Department of Central | ||||||
11 | Management Services Law (20 ILCS 405/405-270). The programs and | ||||||
12 | services of educational
service centers may be offered to | ||||||
13 | private school teachers and private school
students within each | ||||||
14 | service center area provided public schools have already
been | ||||||
15 | afforded adequate access to such programs and services.
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16 | Upon the abolition of the office, removal from office, | ||||||
17 | disqualification for office, resignation from office, or | ||||||
18 | expiration of the current term of office of the regional | ||||||
19 | superintendent of schools, whichever is earlier, centers | ||||||
20 | serving that portion of a Class II county school unit outside | ||||||
21 | of a city of 500,000 or more inhabitants shall have and | ||||||
22 | exercise, in and with respect to each educational service | ||||||
23 | region having a population of 2,000,000 or more inhabitants and | ||||||
24 | in and with respect to each school district located in any such | ||||||
25 | educational service region, all of the rights, powers, duties, | ||||||
26 | and responsibilities theretofore vested by law in and exercised |
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1 | and performed by the regional superintendent of schools for | ||||||
2 | that area under the provisions of this Code or any other laws | ||||||
3 | of this State. | ||||||
4 | The State Board of Education shall promulgate rules and | ||||||
5 | regulations necessary
to implement this Section. The rules | ||||||
6 | shall include detailed standards which
delineate the scope and | ||||||
7 | specific content of programs to be provided by each
Educational | ||||||
8 | Service Center, as well as the specific planning, | ||||||
9 | implementation
and evaluation services to be provided by each | ||||||
10 | Center relative to its programs.
The Board shall also provide | ||||||
11 | the standards by which it will evaluate the
programs provided | ||||||
12 | by each Center.
| ||||||
13 | (b) Centers serving Class 1 county school units shall be | ||||||
14 | governed by an
11-member board, 3 members of which shall be | ||||||
15 | public school teachers
nominated by the local bargaining | ||||||
16 | representatives to the appropriate regional
superintendent for | ||||||
17 | appointment and no more than 3 members of which shall be
from | ||||||
18 | each of the following categories, including but not limited to
| ||||||
19 | superintendents, regional superintendents, school board | ||||||
20 | members
and a representative of an institution of higher | ||||||
21 | education. The members of
the board shall be appointed by the | ||||||
22 | regional superintendents whose school
districts are served by | ||||||
23 | the educational service center.
The composition of the board | ||||||
24 | will reflect the revisions of this
amendatory Act of 1989 as | ||||||
25 | the terms of office of current members expire.
| ||||||
26 | (c) The centers shall be of sufficient size and number to |
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| |||||||
1 | assure delivery
of services to all local school districts in | ||||||
2 | the State.
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3 | (d) From monies appropriated for this program the State | ||||||
4 | Board of
Education shall provide grants paid from the Personal | ||||||
5 | Property Tax Replacement Fund for fiscal year 2012 only, and | ||||||
6 | from the General Revenue Fund for fiscal year 2013 and beyond | ||||||
7 | to qualifying Educational Service Centers
applying for such | ||||||
8 | grants in accordance with rules and regulations
promulgated by | ||||||
9 | the State Board of Education to implement this Section.
| ||||||
10 | (e) The governing authority of each of the 18 regional | ||||||
11 | educational service
centers shall appoint a family life - sex | ||||||
12 | education advisory board
consisting of 2 parents, 2 teachers, 2 | ||||||
13 | school administrators, 2 school
board members, 2 health care | ||||||
14 | professionals, one library system
representative, and the | ||||||
15 | director of the regional educational service center
who shall | ||||||
16 | serve as chairperson of the advisory board so appointed. | ||||||
17 | Members
of the family life - sex education advisory boards | ||||||
18 | shall serve without
compensation. Each of the advisory boards | ||||||
19 | appointed pursuant to this
subsection shall develop a plan for | ||||||
20 | regional teacher-parent family life - sex
education training | ||||||
21 | sessions and shall file a written report of such plan
with the | ||||||
22 | governing board of their regional educational service center. | ||||||
23 | The
directors of each of the regional educational service
| ||||||
24 | centers shall thereupon meet, review each of the reports | ||||||
25 | submitted by the
advisory boards and combine those reports into | ||||||
26 | a single written report which
they shall file with the Citizens |
| |||||||||||||||||
| |||||||||||||||||
1 | Council on School Problems prior to the
end of the regular | ||||||||||||||||
2 | school term of the 1987-1988 school year.
| ||||||||||||||||
3 | (f) The 14 educational service centers serving Class I | ||||||||||||||||
4 | county school units
shall be disbanded on the first Monday of | ||||||||||||||||
5 | August, 1995, and their statutory
responsibilities and | ||||||||||||||||
6 | programs shall be assumed by the regional offices of
education, | ||||||||||||||||
7 | subject to rules and regulations developed by
the
State Board | ||||||||||||||||
8 | of Education. The regional superintendents of schools elected | ||||||||||||||||
9 | by
the voters residing in all Class I counties shall serve as | ||||||||||||||||
10 | the chief
administrators for these programs and services. By | ||||||||||||||||
11 | rule of the State Board of
Education, the 10 educational | ||||||||||||||||
12 | service regions of
lowest
population shall provide such | ||||||||||||||||
13 | services under cooperative agreements with larger
regions.
| ||||||||||||||||
14 | (Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)
| ||||||||||||||||
15 | (105 ILCS 5/3-2.5)
| ||||||||||||||||
16 | Sec. 3-2.5. Salaries.
| ||||||||||||||||
17 | (a) Except as otherwise provided in this Section, the
| ||||||||||||||||
18 | regional superintendents of schools shall receive for their | ||||||||||||||||
19 | services an annual
salary according to the population, as | ||||||||||||||||
20 | determined by the last preceding federal
census, of the region | ||||||||||||||||
21 | they serve, as set out in the following schedule:
| ||||||||||||||||
|
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
4 | The changes made by Public Act 86-98 in the annual salary | |||||||||||||
5 | that the
regional superintendents of schools shall receive for | |||||||||||||
6 | their services shall
apply to the annual salary received by the | |||||||||||||
7 | regional superintendents of
schools during each of their | |||||||||||||
8 | elected terms of office that
commence after
July 26, 1989 and | |||||||||||||
9 | before the first Monday of August, 1995.
| |||||||||||||
10 | The changes made by Public Act 89-225 in the annual salary | |||||||||||||
11 | that
regional superintendents of schools shall receive for | |||||||||||||
12 | their services shall
apply to the annual salary received by the | |||||||||||||
13 | regional superintendents of schools
during their elected terms | |||||||||||||
14 | of office that
commence after August 4,
1995 and end on August | |||||||||||||
15 | 1, 1999.
| |||||||||||||
16 | The changes made by this amendatory Act of the 91st General | |||||||||||||
17 | Assembly in the
annual salary that the regional superintendents | |||||||||||||
18 | of schools shall receive for
their services shall apply to the | |||||||||||||
19 | annual salary received by the regional
superintendents of | |||||||||||||
20 | schools during each of their elected terms of office that
| |||||||||||||
21 | commence on or after August 2, 1999.
| |||||||||||||
22 | Beginning July 1, 2000, the salary that the regional | |||||||||||||
23 | superintendent
of schools receives for his or her services | |||||||||||||
24 | shall be adjusted annually to
reflect the percentage increase, | |||||||||||||
25 | if any, in the most recent Consumer Price
Index, as defined and | |||||||||||||
26 | officially reported by the United States Department of
Labor, |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Bureau of Labor Statistics, except that no annual increment may | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | exceed
2.9%. If the percentage of change in the
Consumer Price | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Index is a percentage decrease, the salary that the regional
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | superintendent of schools receives shall not be adjusted for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | that year.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | When regional superintendents are authorized by the School | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Code to
appoint assistant regional superintendents, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | assistant regional
superintendent shall receive an annual | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | salary based on his or her
qualifications and computed as a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | percentage of the salary of the
regional superintendent to whom | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | he or she is assistant, as set out in the
following schedule:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | However, in any region in which the appointment of more |
| |||||||
| |||||||
1 | than one
assistant regional superintendent is authorized, | ||||||
2 | whether by Section
3-15.10 of this Code or otherwise, not more | ||||||
3 | than one assistant may
be compensated at the 90% rate and any | ||||||
4 | other assistant shall be paid at
not exceeding the 75% rate, in | ||||||
5 | each case depending on the qualifications
of the assistant.
| ||||||
6 | The salaries provided in this Section plus an amount for | ||||||
7 | other employment-related compensation or benefits for regional | ||||||
8 | superintendents
and assistant regional superintendents are | ||||||
9 | payable monthly by the State Board of Education out of the | ||||||
10 | Personal Property Tax Replacement Fund through a specific | ||||||
11 | appropriation to that effect in the State Board of Education | ||||||
12 | budget for the fiscal years 2012 and 2013 only, and are payable | ||||||
13 | monthly from the Common School Fund for fiscal year 2014 and | ||||||
14 | beyond through a specific appropriation to that effect in the | ||||||
15 | State Board of Education budget. The State Comptroller in | ||||||
16 | making his or her warrant to
any county for the amount due it | ||||||
17 | from the Personal Property Tax Replacement Fund for the fiscal | ||||||
18 | years 2012 and 2013 only, and from the Common School Fund for | ||||||
19 | fiscal year 2014 and beyond shall deduct
from it the several | ||||||
20 | amounts for which warrants have been issued to the
regional | ||||||
21 | superintendent, and any assistant regional superintendent, of
| ||||||
22 | the educational service region encompassing the county since | ||||||
23 | the
preceding apportionment from the Personal Property Tax | ||||||
24 | Replacement Fund for the fiscal years 2012 and 2013 only, and | ||||||
25 | from the Common School Fund for fiscal year 2014 and beyond .
| ||||||
26 | County boards may provide for additional compensation for |
| |||||||
| |||||||
1 | the
regional superintendent or the assistant regional | ||||||
2 | superintendents, or
for each of them, to be paid quarterly from | ||||||
3 | the county treasury.
| ||||||
4 | (b) Upon abolition of the office of regional
superintendent | ||||||
5 | of schools in educational service regions containing
2,000,000 | ||||||
6 | or more inhabitants as provided in Section 3-0.01
of this Code, | ||||||
7 | the funds provided under subsection (a) of this Section shall | ||||||
8 | continue to be appropriated and reallocated, as provided for | ||||||
9 | pursuant to subsection (b) of Section 3-0.01 of this Code, to | ||||||
10 | the educational service centers established pursuant to | ||||||
11 | Section 2-3.62 of this Code for an educational service region | ||||||
12 | containing 2,000,000 or more inhabitants.
| ||||||
13 | (c) If the State pays all or any portion of the employee | ||||||
14 | contributions
required under Section 16-152 of the Illinois | ||||||
15 | Pension Code for employees of the
State Board of Education, it | ||||||
16 | shall also, subject to appropriation in the State Board of | ||||||
17 | Education budget for such payments to Regional Superintendents | ||||||
18 | and Assistant Regional Superintendents, pay the employee | ||||||
19 | contributions required
of regional superintendents of schools | ||||||
20 | and assistant regional superintendents
of schools on the same | ||||||
21 | basis, but excluding any contributions based on
compensation | ||||||
22 | that is paid by the county rather than the State.
| ||||||
23 | This subsection (c) applies to contributions based on | ||||||
24 | payments of salary
earned after the effective date of this | ||||||
25 | amendatory Act of the 91st General
Assembly, except that in the | ||||||
26 | case of an elected regional superintendent of
schools, this |
| |||||||
| |||||||
1 | subsection does not apply to contributions based on payments of
| ||||||
2 | salary earned during a term of office that commenced before the | ||||||
3 | effective date
of this amendatory Act.
| ||||||
4 | (Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10; | ||||||
5 | 97-333, eff. 8-12-11; 97-619, eff. 11-14-11; 97-732, eff. | ||||||
6 | 6-30-12.)
| ||||||
7 | (105 ILCS 5/18-5) (from Ch. 122, par. 18-5)
| ||||||
8 | Sec. 18-5. Compensation of regional superintendents and | ||||||
9 | assistants. The State Board of Education
shall request an | ||||||
10 | appropriation payable
from the Personal Property Tax | ||||||
11 | Replacement Fund for fiscal years 2012 and 2013 only, and the | ||||||
12 | common school fund for fiscal year 2014 and beyond as and for | ||||||
13 | compensation for regional
superintendents of schools and the | ||||||
14 | assistant regional superintendents of
schools authorized by | ||||||
15 | Section 3-15.10 of this Act, and as provided in "An Act | ||||||
16 | concerning
fees and salaries and to classify the several | ||||||
17 | counties of this State with
reference thereto", approved March | ||||||
18 | 29, 1872 as amended, and shall present
vouchers to the | ||||||
19 | Comptroller
monthly for the payment to the
several regional | ||||||
20 | superintendents and such assistant regional superintendents
of | ||||||
21 | their compensation as fixed by law. Such payments shall be made | ||||||
22 | either
(1) monthly, at the close of the month, or (2) | ||||||
23 | semimonthly on or around
the 15th of the month and at the close | ||||||
24 | of the month, at the option of the
regional superintendent or | ||||||
25 | assistant regional superintendent.
|
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | (Source: P.A. 97-619, eff. 11-14-11; 97-732, eff. 6-30-12.)
| |||||||||||||||||||||||||||||||||
2 | Section 15. The Clerks of Courts Act is amended by changing | |||||||||||||||||||||||||||||||||
3 | Section 27.3 as follows:
| |||||||||||||||||||||||||||||||||
4 | (705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
| |||||||||||||||||||||||||||||||||
5 | Sec. 27.3. Compensation.
| |||||||||||||||||||||||||||||||||
6 | (a) The county board shall provide the
compensation of | |||||||||||||||||||||||||||||||||
7 | Clerks of
the Circuit Court, and the amount necessary for clerk | |||||||||||||||||||||||||||||||||
8 | hire, stationery,
fuel and other expenses. Beginning December | |||||||||||||||||||||||||||||||||
9 | 1, 1989, the compensation
per annum for Clerks of the Circuit | |||||||||||||||||||||||||||||||||
10 | Court shall be as follows:
| |||||||||||||||||||||||||||||||||
11 | In counties where the population is:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
20 | (b) In counties in which the population is 3,000,000 or | |||||||||||||||||||||||||||||||||
21 | less,
"base salary" is the compensation paid for each Clerk of | |||||||||||||||||||||||||||||||||
22 | the Circuit Court,
respectively, before July 1, 1989.
| |||||||||||||||||||||||||||||||||
23 | (c) The Clerks of the Circuit Court, in counties in which | |||||||||||||||||||||||||||||||||
24 | the population
is 3,000,000 or less, shall be compensated as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (1) Beginning December 1, 1989,
base salary plus at | ||||||
3 | least 3% of base salary.
| ||||||
4 | (2) Beginning December 1, 1990,
base salary plus at | ||||||
5 | least 6% of base salary.
| ||||||
6 | (3) Beginning December 1, 1991,
base salary plus at | ||||||
7 | least 9% of base salary.
| ||||||
8 | (4) Beginning December 1, 1992,
base salary plus at | ||||||
9 | least 12% of base salary.
| ||||||
10 | (d) In addition to the compensation provided by the county | ||||||
11 | board, each
Clerk of the Circuit Court shall receive an award | ||||||
12 | from
the State for the additional duties imposed by Sections | ||||||
13 | 5-9-1 and 5-9-1.2
of the Unified Code of Corrections, Section | ||||||
14 | 10 of the Violent Crime Victims
Assistance Act, Section 16-104a | ||||||
15 | of the Illinois Vehicle Code, and
other
laws, in the
following | ||||||
16 | amount:
| ||||||
17 | (1) $3,500 per year before January 1, 1997.
| ||||||
18 | (2) $4,500 per year beginning January 1, 1997.
| ||||||
19 | (3) $5,500 per year beginning January 1, 1998.
| ||||||
20 | (4) $6,500 per year beginning January 1, 1999.
| ||||||
21 | The total
amount required for such awards shall be appropriated | ||||||
22 | each year by the
General Assembly to the Supreme Court, which | ||||||
23 | shall distribute such awards
in annual lump sum payments to the | ||||||
24 | Clerks of the Circuit Court in all
counties. This annual award, | ||||||
25 | and any other award or stipend paid out of
State funds to the | ||||||
26 | Clerks of the Circuit Court, shall not affect any other
|
| |||||||
| |||||||
1 | compensation provided by law to be paid to Clerks of the | ||||||
2 | Circuit Court.
| ||||||
3 | (e) (Blank.) Also in addition to the compensation provided | ||||||
4 | by the county board,
Clerks of the Circuit Court in counties in | ||||||
5 | which one or more State
correctional institutions are located | ||||||
6 | shall receive a minimum reimbursement
in the
amount of $2,500 | ||||||
7 | per year for administrative assistance to perform services in
| ||||||
8 | connection with the State correctional institution, payable
| ||||||
9 | monthly from the State Treasury to the treasurer of the county | ||||||
10 | in which the
additional staff is employed. Counties whose State | ||||||
11 | correctional institution
inmate population exceeds 250
shall | ||||||
12 | receive reimbursement in the amount of $2,500 per 250 inmates. | ||||||
13 | This
subsection (e) shall not apply to staff
added before | ||||||
14 | November 29, 1990.
| ||||||
15 | For purposes of this subsection (e), "State correctional | ||||||
16 | institution"
means any facility of the Department of | ||||||
17 | Corrections, including without
limitation adult facilities, | ||||||
18 | juvenile facilities, pre-release centers,
community correction | ||||||
19 | centers, and work camps.
| ||||||
20 | (f) No county board may reduce or otherwise impair the | ||||||
21 | compensation
payable from county funds to a Clerk of the | ||||||
22 | Circuit Court if the reduction or
impairment is the result of | ||||||
23 | the Clerk of the Circuit Court receiving an
award or stipend | ||||||
24 | payable from State funds.
| ||||||
25 | (Source: P.A. 92-114, eff. 1-1-02.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|