Full Text of HB3828 97th General Assembly
HB3828ham001 97TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 10/21/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3828
| 2 | | AMENDMENT NO. ______. Amend House Bill 3828 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Revenue Sharing Act is amended by | 5 | | changing Section 12 as follows:
| 6 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
| 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:
| 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
| 7 | | Telecommunications Infrastructure Maintenance Fee Act.
| 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.
| 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, and local | 20 | | officials as provided
in this Section and in the School Code , | 21 | | payment of the ordinary and contingent expenses of the Property | 22 | | Tax Appeal Board, payment of the expenses of the Department of | 23 | | Revenue incurred
in administering the collection and | 24 | | distribution of monies paid into the
Personal Property Tax | 25 | | Replacement Fund and transfers due to refunds to
taxpayers for | 26 | | overpayment of liability for taxes paid into the Personal
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| 1 | | Property Tax Replacement Fund.
| 2 | | As soon as may be after the effective date of this | 3 | | amendatory Act of 1980,
the Department of Revenue shall certify | 4 | | to the Treasurer the amount of net
replacement revenue paid | 5 | | into the General Revenue Fund prior to that effective
date from | 6 | | the additional tax imposed by Section 2a.1 of the Messages Tax
| 7 | | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | 8 | | the Public
Utilities Revenue Act; Section 3 of the Water | 9 | | Company Invested Capital Tax Act;
amounts collected by the | 10 | | Department of Revenue under the Telecommunications | 11 | | Infrastructure Maintenance Fee Act; and the
additional | 12 | | personal
property tax replacement income tax imposed by
the | 13 | | Illinois Income Tax Act, as amended by Public
Act 81-1st | 14 | | Special Session-1. Net replacement revenue shall be defined as
| 15 | | the total amount paid into and remaining in the General Revenue | 16 | | Fund as a
result of those Acts minus the amount outstanding and | 17 | | obligated from the
General Revenue Fund in state vouchers or | 18 | | warrants prior to the effective
date of this amendatory Act of | 19 | | 1980 as refunds to taxpayers for overpayment
of liability under | 20 | | those Acts.
| 21 | | All interest earned by monies accumulated in the Personal | 22 | | Property
Tax Replacement Fund shall be deposited in such Fund. | 23 | | All amounts allocated
pursuant to this Section are appropriated | 24 | | on a continuing basis.
| 25 | | Prior to December 31, 1980, as soon as may be after the end | 26 | | of each quarter
beginning with the quarter ending December 31, |
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| 1 | | 1979, and on and after
December 31, 1980, as soon as may be | 2 | | after January 1, March 1, April 1, May
1, July 1, August 1, | 3 | | October 1 and December 1 of each year, the Department
of | 4 | | Revenue shall allocate to each taxing district as defined in | 5 | | Section 1-150
of the Property Tax Code, in accordance with
the | 6 | | provisions of paragraph (2) of this Section the portion of the | 7 | | funds held
in the Personal Property Tax Replacement Fund which | 8 | | is required to be
distributed, as provided in paragraph (1), | 9 | | for each quarter. Provided,
however, under no circumstances | 10 | | shall any taxing district during each of the
first two years of | 11 | | distribution of the taxes imposed by this amendatory Act of
| 12 | | 1979 be entitled to an annual allocation which is less than the | 13 | | funds such
taxing district collected from the 1978 personal | 14 | | property tax. Provided further
that under no circumstances | 15 | | shall any taxing district during the third year of
distribution | 16 | | of the taxes imposed by this amendatory Act of 1979 receive | 17 | | less
than 60% of the funds such taxing district collected from | 18 | | the 1978 personal
property tax. In the event that the total of | 19 | | the allocations made as above
provided for all taxing | 20 | | districts, during either of such 3 years, exceeds the
amount | 21 | | available for distribution the allocation of each taxing | 22 | | district shall
be proportionately reduced. Except as provided | 23 | | in Section 13 of this Act, the
Department shall then certify, | 24 | | pursuant to appropriation, such allocations to
the State | 25 | | Comptroller who shall pay over to the several taxing districts | 26 | | the
respective amounts allocated to them.
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| 1 | | Any township which receives an allocation based in whole or | 2 | | in part upon
personal property taxes which it levied pursuant | 3 | | to Section 6-507 or 6-512
of the Illinois Highway Code and | 4 | | which was previously
required to be paid
over to a municipality | 5 | | shall immediately pay over to that municipality a
proportionate | 6 | | share of the personal property replacement funds which such
| 7 | | township receives.
| 8 | | Any municipality or township, other than a municipality | 9 | | with a population
in excess of 500,000, which receives an | 10 | | allocation based in whole or in
part on personal property taxes | 11 | | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | 12 | | Illinois Local Library Act and which was
previously
required to | 13 | | be paid over to a public library shall immediately pay over
to | 14 | | that library a proportionate share of the personal property tax | 15 | | replacement
funds which such municipality or township | 16 | | receives; provided that if such
a public library has converted | 17 | | to a library organized under The Illinois
Public Library | 18 | | District Act, regardless of whether such conversion has
| 19 | | occurred on, after or before January 1, 1988, such | 20 | | proportionate share
shall be immediately paid over to the | 21 | | library district which maintains and
operates the library. | 22 | | However, any library that has converted prior to January
1, | 23 | | 1988, and which hitherto has not received the personal property | 24 | | tax
replacement funds, shall receive such funds commencing on | 25 | | January 1, 1988.
| 26 | | Any township which receives an allocation based in whole or |
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| 1 | | in part on
personal property taxes which it levied pursuant to | 2 | | Section 1c of the Public
Graveyards Act and which taxes were | 3 | | previously required to be paid
over to or used for such public | 4 | | cemetery or cemeteries shall immediately
pay over to or use for | 5 | | such public cemetery or cemeteries a proportionate
share of the | 6 | | personal property tax replacement funds which the township
| 7 | | receives.
| 8 | | Any taxing district which receives an allocation based in | 9 | | whole or in
part upon personal property taxes which it levied | 10 | | for another
governmental body or school district in Cook County | 11 | | in 1976 or for
another governmental body or school district in | 12 | | the remainder of the
State in 1977 shall immediately pay over | 13 | | to that governmental body or
school district the amount of | 14 | | personal property replacement funds which
such governmental | 15 | | body or school district would receive directly under
the | 16 | | provisions of paragraph (2) of this Section, had it levied its | 17 | | own
taxes.
| 18 | | (1) The portion of the Personal Property Tax | 19 | | Replacement Fund required to
be
distributed as of the time | 20 | | allocation is required to be made shall be the
amount | 21 | | available in such Fund as of the time allocation is | 22 | | required to be made.
| 23 | | The amount available for distribution shall be the | 24 | | total amount in the
fund at such time minus the necessary | 25 | | administrative and other authorized expenses as limited
by | 26 | | the appropriation and the amount determined by: (a) $2.8 |
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| 1 | | million for
fiscal year 1981; (b) for fiscal year 1982, | 2 | | .54% of the funds distributed
from the fund during the | 3 | | preceding fiscal year; (c) for fiscal year 1983
through | 4 | | fiscal year 1988, .54% of the funds distributed from the | 5 | | fund during
the preceding fiscal year less .02% of such | 6 | | fund for fiscal year 1983 and
less .02% of such funds for | 7 | | each fiscal year thereafter; (d) for fiscal
year 1989 | 8 | | through fiscal year 2011 no more than 105% of the actual | 9 | | administrative expenses
of the prior fiscal year; or (e) | 10 | | for fiscal year 2012 and beyond, a sufficient amount to pay | 11 | | (i) stipends, additional compensation, salary | 12 | | reimbursements, and other amounts directed to be paid out | 13 | | of this Fund for local and regional offices and government | 14 | | officials as authorized or required by statute and (ii) no | 15 | | more than 105% of the actual administrative expenses of the | 16 | | prior fiscal year, including payment of the ordinary and | 17 | | contingent expenses of the Property Tax Appeal Board and | 18 | | payment of the expenses of the Department of Revenue | 19 | | incurred in administering the collection and distribution | 20 | | of moneys paid into the Fund. Such portion of the fund | 21 | | shall be determined after
the transfer into the General | 22 | | Revenue Fund due to refunds, if any, paid
from the General | 23 | | Revenue Fund during the preceding quarter. If at any time,
| 24 | | for any reason, there is insufficient amount in the | 25 | | Personal Property
Tax Replacement Fund for payments for | 26 | | regional offices and officials or local officials or |
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| 1 | | payment of costs of administration or for transfers
due to | 2 | | refunds at the end of any particular month, the amount of | 3 | | such
insufficiency shall be carried over for the purposes | 4 | | of payments for regional offices and officials, local | 5 | | officials, transfers into the
General Revenue Fund , and for | 6 | | purposes of costs of administration to the
following month | 7 | | or months. Net replacement revenue held, and defined above,
| 8 | | shall be transferred by the Treasurer and Comptroller to | 9 | | the Personal Property
Tax Replacement Fund within 10 days | 10 | | of such certification.
| 11 | | (2) Each quarterly allocation shall first be | 12 | | apportioned in the
following manner: 51.65% for taxing | 13 | | districts in Cook County and 48.35%
for taxing districts in | 14 | | the remainder of the State.
| 15 | | The Personal Property Replacement Ratio of each taxing | 16 | | district
outside Cook County shall be the ratio which the Tax | 17 | | Base of that taxing
district bears to the Downstate Tax Base. | 18 | | The Tax Base of each taxing
district outside of Cook County is | 19 | | the personal property tax collections
for that taxing district | 20 | | for the 1977 tax year. The Downstate Tax Base
is the personal | 21 | | property tax collections for all taxing districts in the
State | 22 | | outside of Cook County for the 1977 tax year. The Department of
| 23 | | Revenue shall have authority to review for accuracy and | 24 | | completeness the
personal property tax collections for each | 25 | | taxing district outside Cook
County for the 1977 tax year.
| 26 | | The Personal Property Replacement Ratio of each Cook County |
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| 1 | | taxing
district shall be the ratio which the Tax Base of that | 2 | | taxing district
bears to the Cook County Tax Base. The Tax Base | 3 | | of each Cook County
taxing district is the personal property | 4 | | tax collections for that taxing
district for the 1976 tax year. | 5 | | The Cook County Tax Base is the
personal property tax | 6 | | collections for all taxing districts in Cook
County for the | 7 | | 1976 tax year. The Department of Revenue shall have
authority | 8 | | to review for accuracy and completeness the personal property | 9 | | tax
collections for each taxing district within Cook County for | 10 | | the 1976 tax year.
| 11 | | For all purposes of this Section 12, amounts paid to a | 12 | | taxing district
for such tax years as may be applicable by a | 13 | | foreign corporation under the
provisions of Section 7-202 of | 14 | | the Public Utilities Act, as amended,
shall be deemed to be | 15 | | personal property taxes collected by such taxing district
for | 16 | | such tax years as may be applicable. The Director shall | 17 | | determine from the
Illinois Commerce Commission, for any tax | 18 | | year as may be applicable, the
amounts so paid by any such | 19 | | foreign corporation to any and all taxing
districts. The | 20 | | Illinois Commerce Commission shall furnish such information to
| 21 | | the Director. For all purposes of this Section 12, the Director | 22 | | shall deem such
amounts to be collected personal property taxes | 23 | | of each such taxing district
for the applicable tax year or | 24 | | years.
| 25 | | Taxing districts located both in Cook County and in one or | 26 | | more other
counties shall receive both a Cook County allocation |
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| 1 | | and a Downstate
allocation determined in the same way as all | 2 | | other taxing districts.
| 3 | | If any taxing district in existence on July 1, 1979 ceases | 4 | | to exist,
or discontinues its operations, its Tax Base shall | 5 | | thereafter be deemed
to be zero. If the powers, duties and | 6 | | obligations of the discontinued
taxing district are assumed by | 7 | | another taxing district, the Tax Base of
the discontinued | 8 | | taxing district shall be added to the Tax Base of the
taxing | 9 | | district assuming such powers, duties and obligations.
| 10 | | If two or more taxing districts in existence on July 1, | 11 | | 1979, or a
successor or successors thereto shall consolidate | 12 | | into one taxing
district, the Tax Base of such consolidated | 13 | | taxing district shall be the
sum of the Tax Bases of each of | 14 | | the taxing districts which have consolidated.
| 15 | | If a single taxing district in existence on July 1, 1979, | 16 | | or a
successor or successors thereto shall be divided into two | 17 | | or more
separate taxing districts, the tax base of the taxing | 18 | | district so
divided shall be allocated to each of the resulting | 19 | | taxing districts in
proportion to the then current equalized | 20 | | assessed value of each resulting
taxing district.
| 21 | | If a portion of the territory of a taxing district is | 22 | | disconnected
and annexed to another taxing district of the same | 23 | | type, the Tax Base of
the taxing district from which | 24 | | disconnection was made shall be reduced
in proportion to the | 25 | | then current equalized assessed value of the disconnected
| 26 | | territory as compared with the then current equalized assessed |
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| 1 | | value within the
entire territory of the taxing district prior | 2 | | to disconnection, and the
amount of such reduction shall be | 3 | | added to the Tax Base of the taxing
district to which | 4 | | annexation is made.
| 5 | | If a community college district is created after July 1, | 6 | | 1979,
beginning on the effective date of this amendatory Act of | 7 | | 1995, its Tax Base
shall be 3.5% of the sum of the personal | 8 | | property tax collected for the
1977 tax year within the | 9 | | territorial jurisdiction of the district.
| 10 | | The amounts allocated and paid to taxing districts pursuant | 11 | | to
the provisions of this amendatory Act of 1979 shall be | 12 | | deemed to be
substitute revenues for the revenues derived from | 13 | | taxes imposed on
personal property pursuant to the provisions | 14 | | of the "Revenue Act of
1939" or "An Act for the assessment and | 15 | | taxation of private car line
companies", approved July 22, | 16 | | 1943, as amended, or Section 414 of the
Illinois Insurance | 17 | | Code, prior to the abolition of such taxes and shall
be used | 18 | | for the same purposes as the revenues derived from ad valorem
| 19 | | taxes on real estate.
| 20 | | Monies received by any taxing districts from the Personal | 21 | | Property
Tax Replacement Fund shall be first applied toward | 22 | | payment of the proportionate
amount of debt service which was | 23 | | previously levied and collected from
extensions against | 24 | | personal property on bonds outstanding as of December 31,
1978 | 25 | | and next applied toward payment of the proportionate share of | 26 | | the pension
or retirement obligations of the taxing district |
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| 1 | | which were previously levied
and collected from extensions | 2 | | against personal property. For each such
outstanding bond | 3 | | issue, the County Clerk shall determine the percentage of the
| 4 | | debt service which was collected from extensions against real | 5 | | estate in the
taxing district for 1978 taxes payable in 1979, | 6 | | as related to the total amount
of such levies and collections | 7 | | from extensions against both real and personal
property. For | 8 | | 1979 and subsequent years' taxes, the County Clerk shall levy
| 9 | | and extend taxes against the real estate of each taxing | 10 | | district which will
yield the said percentage or percentages of | 11 | | the debt service on such
outstanding bonds. The balance of the | 12 | | amount necessary to fully pay such debt
service shall | 13 | | constitute a first and prior lien upon the monies
received by | 14 | | each such taxing district through the Personal Property Tax
| 15 | | Replacement Fund and shall be first applied or set aside for | 16 | | such purpose.
In counties having fewer than 3,000,000 | 17 | | inhabitants, the amendments to
this paragraph as made by this | 18 | | amendatory Act of 1980 shall be first
applicable to 1980 taxes | 19 | | to be collected in 1981.
| 20 | | (Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11.)
| 21 | | Section 10. The School Code is amended by changing Sections | 22 | | 2-3.62, 3-2.5, 3-15.10, and 18-5 as follows:
| 23 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| 24 | | Sec. 2-3.62. Educational Service Centers.
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| 1 | | (a) A regional network of educational service centers shall | 2 | | be established
by the State Board of Education to coordinate | 3 | | and combine existing services in
a manner which is practical | 4 | | and efficient and to provide new services to
schools as | 5 | | provided in this Section. Services to be made available by such
| 6 | | centers shall include the planning, implementation and | 7 | | evaluation of:
| 8 | | (1) (blank);
| 9 | | (2) computer technology education;
| 10 | | (3) mathematics, science and reading resources for | 11 | | teachers including
continuing education, inservice | 12 | | training and staff development.
| 13 | | The centers may provide training, technical assistance, | 14 | | coordination and
planning in other program areas such as school | 15 | | improvement, school
accountability, financial planning, | 16 | | consultation, and services, career guidance, early childhood | 17 | | education, alcohol/drug
education and prevention, family life - | 18 | | sex education, electronic transmission
of data from school | 19 | | districts to the State, alternative education and regional
| 20 | | special education, and telecommunications systems that provide | 21 | | distance
learning. Such telecommunications systems may be | 22 | | obtained through the
Department of Central Management Services | 23 | | pursuant to Section 405-270 of the
Department of Central | 24 | | Management Services Law (20 ILCS 405/405-270). The programs and | 25 | | services of educational
service centers may be offered to | 26 | | private school teachers and private school
students within each |
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| 1 | | service center area provided public schools have already
been | 2 | | afforded adequate access to such programs and services.
| 3 | | Upon the abolition of the office, removal from office, | 4 | | disqualification for office, resignation from office, or | 5 | | expiration of the current term of office of the regional | 6 | | superintendent of schools, whichever is earlier, centers | 7 | | serving that portion of a Class II county school unit outside | 8 | | of a city of 500,000 or more inhabitants shall have and | 9 | | exercise, in and with respect to each educational service | 10 | | region having a population of 2,000,000 or more inhabitants and | 11 | | in and with respect to each school district located in any such | 12 | | educational service region, all of the rights, powers, duties, | 13 | | and responsibilities theretofore vested by law in and exercised | 14 | | and performed by the regional superintendent of schools for | 15 | | that area under the provisions of this Code or any other laws | 16 | | of this State. | 17 | | The State Board of Education shall promulgate rules and | 18 | | regulations necessary
to implement this Section. The rules | 19 | | shall include detailed standards which
delineate the scope and | 20 | | specific content of programs to be provided by each
Educational | 21 | | Service Center, as well as the specific planning, | 22 | | implementation
and evaluation services to be provided by each | 23 | | Center relative to its programs.
The Board shall also provide | 24 | | the standards by which it will evaluate the
programs provided | 25 | | by each Center.
| 26 | | (b) Centers serving Class 1 county school units shall be |
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| 1 | | governed by an
11-member board, 3 members of which shall be | 2 | | public school teachers
nominated by the local bargaining | 3 | | representatives to the appropriate regional
superintendent for | 4 | | appointment and no more than 3 members of which shall be
from | 5 | | each of the following categories, including but not limited to
| 6 | | superintendents, regional superintendents, school board | 7 | | members
and a representative of an institution of higher | 8 | | education. The members of
the board shall be appointed by the | 9 | | regional superintendents whose school
districts are served by | 10 | | the educational service center.
The composition of the board | 11 | | will reflect the revisions of this
amendatory Act of 1989 as | 12 | | the terms of office of current members expire.
| 13 | | (c) The centers shall be of sufficient size and number to | 14 | | assure delivery
of services to all local school districts in | 15 | | the State.
| 16 | | (d) From monies appropriated for this program the State | 17 | | Board of
Education shall provide grants paid from the Personal | 18 | | Property Tax Replacement Fund to qualifying Educational | 19 | | Service Centers
applying for such grants in accordance with | 20 | | rules and regulations
promulgated by the State Board of | 21 | | Education to implement this Section.
| 22 | | (e) The governing authority of each of the 18 regional | 23 | | educational service
centers shall appoint a family life - sex | 24 | | education advisory board
consisting of 2 parents, 2 teachers, 2 | 25 | | school administrators, 2 school
board members, 2 health care | 26 | | professionals, one library system
representative, and the |
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| 1 | | director of the regional educational service center
who shall | 2 | | serve as chairperson of the advisory board so appointed. | 3 | | Members
of the family life - sex education advisory boards | 4 | | shall serve without
compensation. Each of the advisory boards | 5 | | appointed pursuant to this
subsection shall develop a plan for | 6 | | regional teacher-parent family life - sex
education training | 7 | | sessions and shall file a written report of such plan
with the | 8 | | governing board of their regional educational service center. | 9 | | The
directors of each of the regional educational service
| 10 | | centers shall thereupon meet, review each of the reports | 11 | | submitted by the
advisory boards and combine those reports into | 12 | | a single written report which
they shall file with the Citizens | 13 | | Council on School Problems prior to the
end of the regular | 14 | | school term of the 1987-1988 school year.
| 15 | | (f) The 14 educational service centers serving Class I | 16 | | county school units
shall be disbanded on the first Monday of | 17 | | August, 1995, and their statutory
responsibilities and | 18 | | programs shall be assumed by the regional offices of
education, | 19 | | subject to rules and regulations developed by
the
State Board | 20 | | of Education. The regional superintendents of schools elected | 21 | | by
the voters residing in all Class I counties shall serve as | 22 | | the chief
administrators for these programs and services. By | 23 | | rule of the State Board of
Education, the 10 educational | 24 | | service regions of
lowest
population shall provide such | 25 | | services under cooperative agreements with larger
regions.
| 26 | | (Source: P.A. 96-893, eff. 7-1-10.)
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| 1 | | (105 ILCS 5/3-2.5)
| 2 | | Sec. 3-2.5. Salaries.
| 3 | | (a) Except as otherwise provided in this Section, the
| 4 | | regional superintendents of schools shall receive for their | 5 | | services an annual
salary according to the population, as | 6 | | determined by the last preceding federal
census, of the region | 7 | | they serve, as set out in the following schedule:
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8 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| 9 | | SCHOOLS |
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10 | | POPULATION OF REGION |
ANNUAL SALARY |
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11 | | Less than 48,000 |
$73,500 |
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12 | | 48,000 to 99,999 |
$78,000 |
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13 | | 100,000 to 999,999 |
$81,500 |
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14 | | 1,000,000 and over |
$83,500 |
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15 | | The changes made by Public Act 86-98 in the annual salary | 16 | | that the
regional superintendents of schools shall receive for | 17 | | their services shall
apply to the annual salary received by the | 18 | | regional superintendents of
schools during each of their | 19 | | elected terms of office that
commence after
July 26, 1989 and | 20 | | before the first Monday of August, 1995.
| 21 | | The changes made by Public Act 89-225 in the annual salary | 22 | | that
regional superintendents of schools shall receive for | 23 | | their services shall
apply to the annual salary received by the | 24 | | regional superintendents of schools
during their elected terms | 25 | | of office that
commence after August 4,
1995 and end on August |
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| 1 | | 1, 1999.
| 2 | | The changes made by this amendatory Act of the 91st General | 3 | | Assembly in the
annual salary that the regional superintendents | 4 | | of schools shall receive for
their services shall apply to the | 5 | | annual salary received by the regional
superintendents of | 6 | | schools during each of their elected terms of office that
| 7 | | commence on or after August 2, 1999.
| 8 | | Beginning July 1, 2000, the salary that the regional | 9 | | superintendent
of schools receives for his or her services | 10 | | shall be adjusted annually to
reflect the percentage increase, | 11 | | if any, in the most recent Consumer Price
Index, as defined and | 12 | | officially reported by the United States Department of
Labor, | 13 | | Bureau of Labor Statistics, except that no annual increment may | 14 | | exceed
2.9%. If the percentage of change in the
Consumer Price | 15 | | Index is a percentage decrease, the salary that the regional
| 16 | | superintendent of schools receives shall not be adjusted for | 17 | | that year.
| 18 | | When regional superintendents are authorized by the School | 19 | | Code to
appoint assistant regional superintendents, the | 20 | | assistant regional
superintendent shall receive an annual | 21 | | salary based on his or her
qualifications and computed as a | 22 | | percentage of the salary of the
regional superintendent to whom | 23 | | he or she is assistant, as set out in the
following schedule:
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24 | | SALARIES OF ASSISTANT REGIONAL | 25 | | SUPERINTENDENTS |
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26 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
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| 1 | | ASSISTANT REGIONAL |
OF REGIONAL |
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2 | | SUPERINTENDENT |
SUPERINTENDENT |
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3 | | No Bachelor's degree, but State |
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4 | | certificate valid for teaching | |
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5 | | and supervising. |
70% |
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6 | | Bachelor's degree plus |
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7 | | State certificate valid | |
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8 | | for supervising. |
75% |
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9 | | Master's degree plus |
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10 | | State certificate valid | |
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11 | | for supervising. |
90% |
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12 | | However, in any region in which the appointment of more | 13 | | than one
assistant regional superintendent is authorized, | 14 | | whether by Section
3-15.10 of this Code or otherwise, not more | 15 | | than one assistant may
be compensated at the 90% rate and any | 16 | | other assistant shall be paid at
not exceeding the 75% rate, in | 17 | | each case depending on the qualifications
of the assistant.
| 18 | | The salaries provided in this Section plus an amount for | 19 | | other employment-related compensation or benefits for regional | 20 | | superintendents
and assistant regional superintendents are | 21 | | payable monthly by the State Board of Education out of the | 22 | | Personal Property Tax Replacement Fund through a specific | 23 | | appropriation to that effect in the State Board of Education | 24 | | budget . The State Comptroller in making his or her warrant to
| 25 | | any county for the amount due it from the Personal Property Tax | 26 | | Replacement Fund shall deduct
from it the several amounts for |
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| 1 | | which warrants have been issued to the
regional superintendent, | 2 | | and any assistant regional superintendent, of
the educational | 3 | | service region encompassing the county since the
preceding | 4 | | apportionment from the Personal Property Tax Replacement Fund .
| 5 | | County boards may provide for additional compensation for | 6 | | the
regional superintendent or the assistant regional | 7 | | superintendents, or
for each of them, to be paid quarterly from | 8 | | the county treasury.
| 9 | | (b) Upon abolition of the office of regional
superintendent | 10 | | of schools in educational service regions containing
2,000,000 | 11 | | or more inhabitants as provided in Section 3-0.01
of this Code, | 12 | | the funds provided under subsection (a) of this Section shall | 13 | | continue to be appropriated and reallocated, as provided for | 14 | | pursuant to subsection (b) of Section 3-0.01 of this Code, to | 15 | | the educational service centers established pursuant to | 16 | | Section 2-3.62 of this Code for an educational service region | 17 | | containing 2,000,000 or more inhabitants.
| 18 | | (c) If the State pays all or any portion of the employee | 19 | | contributions
required under Section 16-152 of the Illinois | 20 | | Pension Code for employees of the
State Board of Education, it | 21 | | shall also , subject to appropriation in the State Board of | 22 | | Education budget for such payments to Regional Superintendents | 23 | | and Assistant Regional Superintendents, pay the employee | 24 | | contributions required
of regional superintendents of schools | 25 | | and assistant regional superintendents
of schools on the same | 26 | | basis, but excluding any contributions based on
compensation |
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| 1 | | that is paid by the county rather than the State.
| 2 | | This subsection (c) applies to contributions based on | 3 | | payments of salary
earned after the effective date of this | 4 | | amendatory Act of the 91st General
Assembly, except that in the | 5 | | case of an elected regional superintendent of
schools, this | 6 | | subsection does not apply to contributions based on payments of
| 7 | | salary earned during a term of office that commenced before the | 8 | | effective date
of this amendatory Act.
| 9 | | (Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10; | 10 | | 97-333, eff. 8-12-11.)
| 11 | | (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
| 12 | | Sec. 3-15.10. Assistant Regional Superintendent. To | 13 | | employ, in counties or
regions of 2,000,000 inhabitants or | 14 | | less, in addition to any assistants
authorized to be employed | 15 | | with the approval of the county board, an assistant
regional | 16 | | superintendent of schools who shall be a person of good | 17 | | attainment,
versed in the principles and methods of education, | 18 | | and qualified to teach and
supervise schools under Article 21 | 19 | | of this Act; to fix the term of such
assistant and direct his | 20 | | work and define his duties. On the effective date of this | 21 | | amendatory Act of the 96th General Assembly, in regions | 22 | | established
within that portion of a Class II county school | 23 | | unit outside of a city of 500,000 or more
inhabitants, the | 24 | | employment of all persons serving as assistant county or | 25 | | regional superintendents of schools is terminated, the |
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| 1 | | position of assistant regional superintendent of schools in | 2 | | each such region is abolished, and this Section shall, | 3 | | beginning on the effective date of this amendatory Act of the | 4 | | 96th General Assembly, have no further application in the | 5 | | educational service region. Assistant regional superintendents | 6 | | shall each be a
person of good attainment, versed in the | 7 | | principles and methods of education,
and qualified to teach and | 8 | | supervise schools under Article 21 of this Act. The
work of | 9 | | such assistant regional superintendent shall be so arranged and
| 10 | | directed that the county or regional superintendent and | 11 | | assistant
superintendent, together, shall devote an amount of | 12 | | time during the school
year, equal to at least the full time of | 13 | | one individual, to the supervision of
schools and of teaching | 14 | | in the schools of the county.
| 15 | | A regional superintendent of schools shall not employ his | 16 | | or her spouse,
child, stepchild, or
relative as an assistant | 17 | | regional superintendent of schools.
By September 1 each year, a | 18 | | regional superintendent shall certify to the State
Board of | 19 | | Education
that he or she
has complied with this paragraph.
If | 20 | | the State Board of Education becomes aware of the fact that a | 21 | | regional
superintendent is employing his or her spouse, child, | 22 | | stepchild, or relative as
an assistant regional | 23 | | superintendent, the State Board of Education shall report this | 24 | | information to the Governor and the Comptroller, and the State | 25 | | Board of Education shall not
request for payment from the State | 26 | | Comptroller any warrants for the payment of
the assistant |
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| 1 | | regional superintendent's salary or other employment-related | 2 | | compensation or benefits . In this paragraph, "relative"
means a | 3 | | grandparent, parent, aunt, uncle, sibling, first cousin, | 4 | | nephew, niece,
grandchild, or spouse of one of these persons. | 5 | | This paragraph applies only to
contracts for employment entered | 6 | | into on or after the effective date of this
amendatory Act of | 7 | | the 91st General Assembly.
| 8 | | (Source: P.A. 96-893, eff. 7-1-10.)
| 9 | | (105 ILCS 5/18-5) (from Ch. 122, par. 18-5)
| 10 | | Sec. 18-5. Compensation of regional superintendents and | 11 | | assistants. The State Board of Education
shall request an | 12 | | appropriation payable
from the Personal Property Tax | 13 | | Replacement Fund or the common school fund as and for | 14 | | compensation for regional
superintendents of schools and the | 15 | | assistant regional superintendents of
schools authorized by | 16 | | Section 3-15.10 of this Act, and as provided in "An Act | 17 | | concerning
fees and salaries and to classify the several | 18 | | counties of this State with
reference thereto", approved March | 19 | | 29, 1872 as amended, and shall present
vouchers to the | 20 | | Comptroller
monthly for the payment to the
several regional | 21 | | superintendents and such assistant regional superintendents
of | 22 | | their compensation as fixed by law. Such payments shall be made | 23 | | either
(1) monthly, at the close of the month, or (2) | 24 | | semimonthly on or around
the 15th of the month and at the close | 25 | | of the month, at the option of the
regional superintendent or |
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| 1 | | assistant regional superintendent.
| 2 | | (Source: P.A. 83-686.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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