Bill Text: IL SB2147 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Health Facilities Planning Act. In provisions concerning an application for a permit, provides that members of the public and the permit applicant shall have until 10 days before the meeting of the Health Facilities and Services Review Board to submit any written response concerning the Board staff's written review or findings regarding the permit application. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-11-14 - Public Act . . . . . . . . . 97-0619 [SB2147 Detail]
Download: Illinois-2011-SB2147-Amended.html
Bill Title: Amends the Illinois Health Facilities Planning Act. In provisions concerning an application for a permit, provides that members of the public and the permit applicant shall have until 10 days before the meeting of the Health Facilities and Services Review Board to submit any written response concerning the Board staff's written review or findings regarding the permit application. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-11-14 - Public Act . . . . . . . . . 97-0619 [SB2147 Detail]
Download: Illinois-2011-SB2147-Amended.html
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1 | AMENDMENT TO SENATE BILL 2147
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2 | AMENDMENT NO. ______. Amend Senate Bill 2147, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The State Revenue Sharing Act is amended by | ||||||
6 | changing Section 12 as follows:
| ||||||
7 | (30 ILCS 115/12) (from Ch. 85, par. 616)
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8 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
9 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
10 | special fund in
the State Treasury into which shall be paid all | ||||||
11 | revenue realized:
| ||||||
12 | (a) all amounts realized from the additional personal | ||||||
13 | property tax
replacement income tax imposed by subsections (c) | ||||||
14 | and (d) of Section 201 of the
Illinois Income Tax Act, except | ||||||
15 | for those amounts deposited into the Income Tax
Refund Fund | ||||||
16 | pursuant to subsection (c) of Section 901 of the Illinois |
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| |||||||
1 | Income
Tax Act; and
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2 | (b) all amounts realized from the additional personal | ||||||
3 | property replacement
invested capital taxes imposed by Section | ||||||
4 | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | ||||||
5 | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | ||||||
6 | Section 3 of the Water Company Invested Capital
Tax Act, and | ||||||
7 | amounts payable to the Department of Revenue under the
| ||||||
8 | Telecommunications Infrastructure Maintenance Fee Act.
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9 | As soon as may be after the end of each month, the | ||||||
10 | Department of Revenue
shall certify to the Treasurer and the | ||||||
11 | Comptroller the amount of all refunds
paid out of the General | ||||||
12 | Revenue Fund through the preceding month on account
of | ||||||
13 | overpayment of liability on taxes paid into the Personal | ||||||
14 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
15 | certification, the Treasurer and
the Comptroller shall | ||||||
16 | transfer the amount so certified from the Personal
Property Tax | ||||||
17 | Replacement Fund into the General Revenue Fund.
| ||||||
18 | The payments of revenue into the Personal Property Tax | ||||||
19 | Replacement Fund
shall be used exclusively for distribution to | ||||||
20 | taxing districts , regional offices and officials for fiscal | ||||||
21 | year 2012, and local officials as provided
in this Section and | ||||||
22 | in the School Code , payment of the ordinary and contingent | ||||||
23 | expenses of the Property Tax Appeal Board, payment of the | ||||||
24 | expenses of the Department of Revenue incurred
in administering | ||||||
25 | the collection and distribution of monies paid into the
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26 | Personal Property Tax Replacement Fund and transfers due to |
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| |||||||
1 | refunds to
taxpayers for overpayment of liability for taxes | ||||||
2 | paid into the Personal
Property Tax Replacement Fund.
| ||||||
3 | As soon as may be after the effective date of this | ||||||
4 | amendatory Act of 1980,
the Department of Revenue shall certify | ||||||
5 | to the Treasurer the amount of net
replacement revenue paid | ||||||
6 | into the General Revenue Fund prior to that effective
date from | ||||||
7 | the additional tax imposed by Section 2a.1 of the Messages Tax
| ||||||
8 | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||||||
9 | the Public
Utilities Revenue Act; Section 3 of the Water | ||||||
10 | Company Invested Capital Tax Act;
amounts collected by the | ||||||
11 | Department of Revenue under the Telecommunications | ||||||
12 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
13 | personal
property tax replacement income tax imposed by
the | ||||||
14 | Illinois Income Tax Act, as amended by Public
Act 81-1st | ||||||
15 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
16 | the total amount paid into and remaining in the General Revenue | ||||||
17 | Fund as a
result of those Acts minus the amount outstanding and | ||||||
18 | obligated from the
General Revenue Fund in state vouchers or | ||||||
19 | warrants prior to the effective
date of this amendatory Act of | ||||||
20 | 1980 as refunds to taxpayers for overpayment
of liability under | ||||||
21 | those Acts.
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22 | All interest earned by monies accumulated in the Personal | ||||||
23 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
24 | All amounts allocated
pursuant to this Section are appropriated | ||||||
25 | on a continuing basis.
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26 | Prior to December 31, 1980, as soon as may be after the end |
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1 | of each quarter
beginning with the quarter ending December 31, | ||||||
2 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
3 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
4 | October 1 and December 1 of each year, the Department
of | ||||||
5 | Revenue shall allocate to each taxing district as defined in | ||||||
6 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
7 | provisions of paragraph (2) of this Section the portion of the | ||||||
8 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
9 | is required to be
distributed, as provided in paragraph (1), | ||||||
10 | for each quarter. Provided,
however, under no circumstances | ||||||
11 | shall any taxing district during each of the
first two years of | ||||||
12 | distribution of the taxes imposed by this amendatory Act of
| ||||||
13 | 1979 be entitled to an annual allocation which is less than the | ||||||
14 | funds such
taxing district collected from the 1978 personal | ||||||
15 | property tax. Provided further
that under no circumstances | ||||||
16 | shall any taxing district during the third year of
distribution | ||||||
17 | of the taxes imposed by this amendatory Act of 1979 receive | ||||||
18 | less
than 60% of the funds such taxing district collected from | ||||||
19 | the 1978 personal
property tax. In the event that the total of | ||||||
20 | the allocations made as above
provided for all taxing | ||||||
21 | districts, during either of such 3 years, exceeds the
amount | ||||||
22 | available for distribution the allocation of each taxing | ||||||
23 | district shall
be proportionately reduced. Except as provided | ||||||
24 | in Section 13 of this Act, the
Department shall then certify, | ||||||
25 | pursuant to appropriation, such allocations to
the State | ||||||
26 | Comptroller who shall pay over to the several taxing districts |
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1 | the
respective amounts allocated to them.
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2 | Any township which receives an allocation based in whole or | ||||||
3 | in part upon
personal property taxes which it levied pursuant | ||||||
4 | to Section 6-507 or 6-512
of the Illinois Highway Code and | ||||||
5 | which was previously
required to be paid
over to a municipality | ||||||
6 | shall immediately pay over to that municipality a
proportionate | ||||||
7 | share of the personal property replacement funds which such
| ||||||
8 | township receives.
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9 | Any municipality or township, other than a municipality | ||||||
10 | with a population
in excess of 500,000, which receives an | ||||||
11 | allocation based in whole or in
part on personal property taxes | ||||||
12 | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | ||||||
13 | Illinois Local Library Act and which was
previously
required to | ||||||
14 | be paid over to a public library shall immediately pay over
to | ||||||
15 | that library a proportionate share of the personal property tax | ||||||
16 | replacement
funds which such municipality or township | ||||||
17 | receives; provided that if such
a public library has converted | ||||||
18 | to a library organized under The Illinois
Public Library | ||||||
19 | District Act, regardless of whether such conversion has
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20 | occurred on, after or before January 1, 1988, such | ||||||
21 | proportionate share
shall be immediately paid over to the | ||||||
22 | library district which maintains and
operates the library. | ||||||
23 | However, any library that has converted prior to January
1, | ||||||
24 | 1988, and which hitherto has not received the personal property | ||||||
25 | tax
replacement funds, shall receive such funds commencing on | ||||||
26 | January 1, 1988.
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1 | Any township which receives an allocation based in whole or | ||||||
2 | in part on
personal property taxes which it levied pursuant to | ||||||
3 | Section 1c of the Public
Graveyards Act and which taxes were | ||||||
4 | previously required to be paid
over to or used for such public | ||||||
5 | cemetery or cemeteries shall immediately
pay over to or use for | ||||||
6 | such public cemetery or cemeteries a proportionate
share of the | ||||||
7 | personal property tax replacement funds which the township
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8 | receives.
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9 | Any taxing district which receives an allocation based in | ||||||
10 | whole or in
part upon personal property taxes which it levied | ||||||
11 | for another
governmental body or school district in Cook County | ||||||
12 | in 1976 or for
another governmental body or school district in | ||||||
13 | the remainder of the
State in 1977 shall immediately pay over | ||||||
14 | to that governmental body or
school district the amount of | ||||||
15 | personal property replacement funds which
such governmental | ||||||
16 | body or school district would receive directly under
the | ||||||
17 | provisions of paragraph (2) of this Section, had it levied its | ||||||
18 | own
taxes.
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19 | (1) The portion of the Personal Property Tax | ||||||
20 | Replacement Fund required to
be
distributed as of the time | ||||||
21 | allocation is required to be made shall be the
amount | ||||||
22 | available in such Fund as of the time allocation is | ||||||
23 | required to be made.
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24 | The amount available for distribution shall be the | ||||||
25 | total amount in the
fund at such time minus the necessary | ||||||
26 | administrative and other authorized expenses as limited
by |
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| |||||||
1 | the appropriation and the amount determined by: (a) $2.8 | ||||||
2 | million for
fiscal year 1981; (b) for fiscal year 1982, | ||||||
3 | .54% of the funds distributed
from the fund during the | ||||||
4 | preceding fiscal year; (c) for fiscal year 1983
through | ||||||
5 | fiscal year 1988, .54% of the funds distributed from the | ||||||
6 | fund during
the preceding fiscal year less .02% of such | ||||||
7 | fund for fiscal year 1983 and
less .02% of such funds for | ||||||
8 | each fiscal year thereafter; (d) for fiscal
year 1989 | ||||||
9 | through fiscal year 2011 no more than 105% of the actual | ||||||
10 | administrative expenses
of the prior fiscal year; or (e) | ||||||
11 | for fiscal year 2012 and beyond, a sufficient amount to pay | ||||||
12 | (i) stipends, additional compensation, salary | ||||||
13 | reimbursements, and other amounts directed to be paid out | ||||||
14 | of this Fund for local government officials as authorized | ||||||
15 | or required by statute and (ii) no more than 105% of the | ||||||
16 | actual administrative expenses of the prior fiscal year, | ||||||
17 | including payment of the ordinary and contingent expenses | ||||||
18 | of the Property Tax Appeal Board and payment of the | ||||||
19 | expenses of the Department of Revenue incurred in | ||||||
20 | administering the collection and distribution of moneys | ||||||
21 | paid into the Fund ; or (f) for fiscal year 2012 only, a | ||||||
22 | sufficient amount to pay stipends, additional | ||||||
23 | compensation, salary reimbursements, and other amounts | ||||||
24 | directed to be paid out of this Fund for regional offices | ||||||
25 | and officials as authorized or required by statute . Such | ||||||
26 | portion of the fund shall be determined after
the transfer |
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1 | into the General Revenue Fund due to refunds, if any, paid
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2 | from the General Revenue Fund during the preceding quarter. | ||||||
3 | If at any time,
for any reason, there is insufficient | ||||||
4 | amount in the Personal Property
Tax Replacement Fund for | ||||||
5 | payments for regional offices and officials or local | ||||||
6 | officials or payment of costs of administration or for | ||||||
7 | transfers
due to refunds at the end of any particular | ||||||
8 | month, the amount of such
insufficiency shall be carried | ||||||
9 | over for the purposes of payments for regional offices and | ||||||
10 | officials, local officials, transfers into the
General | ||||||
11 | Revenue Fund , and for purposes of costs of administration | ||||||
12 | to the
following month or months. Net replacement revenue | ||||||
13 | held, and defined above,
shall be transferred by the | ||||||
14 | Treasurer and Comptroller to the Personal Property
Tax | ||||||
15 | Replacement Fund within 10 days of such certification.
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16 | (2) Each quarterly allocation shall first be | ||||||
17 | apportioned in the
following manner: 51.65% for taxing | ||||||
18 | districts in Cook County and 48.35%
for taxing districts in | ||||||
19 | the remainder of the State.
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20 | The Personal Property Replacement Ratio of each taxing | ||||||
21 | district
outside Cook County shall be the ratio which the Tax | ||||||
22 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
23 | The Tax Base of each taxing
district outside of Cook County is | ||||||
24 | the personal property tax collections
for that taxing district | ||||||
25 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
26 | property tax collections for all taxing districts in the
State |
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1 | outside of Cook County for the 1977 tax year. The Department of
| ||||||
2 | Revenue shall have authority to review for accuracy and | ||||||
3 | completeness the
personal property tax collections for each | ||||||
4 | taxing district outside Cook
County for the 1977 tax year.
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5 | The Personal Property Replacement Ratio of each Cook County | ||||||
6 | taxing
district shall be the ratio which the Tax Base of that | ||||||
7 | taxing district
bears to the Cook County Tax Base. The Tax Base | ||||||
8 | of each Cook County
taxing district is the personal property | ||||||
9 | tax collections for that taxing
district for the 1976 tax year. | ||||||
10 | The Cook County Tax Base is the
personal property tax | ||||||
11 | collections for all taxing districts in Cook
County for the | ||||||
12 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
13 | to review for accuracy and completeness the personal property | ||||||
14 | tax
collections for each taxing district within Cook County for | ||||||
15 | the 1976 tax year.
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16 | For all purposes of this Section 12, amounts paid to a | ||||||
17 | taxing district
for such tax years as may be applicable by a | ||||||
18 | foreign corporation under the
provisions of Section 7-202 of | ||||||
19 | the Public Utilities Act, as amended,
shall be deemed to be | ||||||
20 | personal property taxes collected by such taxing district
for | ||||||
21 | such tax years as may be applicable. The Director shall | ||||||
22 | determine from the
Illinois Commerce Commission, for any tax | ||||||
23 | year as may be applicable, the
amounts so paid by any such | ||||||
24 | foreign corporation to any and all taxing
districts. The | ||||||
25 | Illinois Commerce Commission shall furnish such information to
| ||||||
26 | the Director. For all purposes of this Section 12, the Director |
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1 | shall deem such
amounts to be collected personal property taxes | ||||||
2 | of each such taxing district
for the applicable tax year or | ||||||
3 | years.
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4 | Taxing districts located both in Cook County and in one or | ||||||
5 | more other
counties shall receive both a Cook County allocation | ||||||
6 | and a Downstate
allocation determined in the same way as all | ||||||
7 | other taxing districts.
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8 | If any taxing district in existence on July 1, 1979 ceases | ||||||
9 | to exist,
or discontinues its operations, its Tax Base shall | ||||||
10 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
11 | obligations of the discontinued
taxing district are assumed by | ||||||
12 | another taxing district, the Tax Base of
the discontinued | ||||||
13 | taxing district shall be added to the Tax Base of the
taxing | ||||||
14 | district assuming such powers, duties and obligations.
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15 | If two or more taxing districts in existence on July 1, | ||||||
16 | 1979, or a
successor or successors thereto shall consolidate | ||||||
17 | into one taxing
district, the Tax Base of such consolidated | ||||||
18 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
19 | the taxing districts which have consolidated.
| ||||||
20 | If a single taxing district in existence on July 1, 1979, | ||||||
21 | or a
successor or successors thereto shall be divided into two | ||||||
22 | or more
separate taxing districts, the tax base of the taxing | ||||||
23 | district so
divided shall be allocated to each of the resulting | ||||||
24 | taxing districts in
proportion to the then current equalized | ||||||
25 | assessed value of each resulting
taxing district.
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26 | If a portion of the territory of a taxing district is |
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1 | disconnected
and annexed to another taxing district of the same | ||||||
2 | type, the Tax Base of
the taxing district from which | ||||||
3 | disconnection was made shall be reduced
in proportion to the | ||||||
4 | then current equalized assessed value of the disconnected
| ||||||
5 | territory as compared with the then current equalized assessed | ||||||
6 | value within the
entire territory of the taxing district prior | ||||||
7 | to disconnection, and the
amount of such reduction shall be | ||||||
8 | added to the Tax Base of the taxing
district to which | ||||||
9 | annexation is made.
| ||||||
10 | If a community college district is created after July 1, | ||||||
11 | 1979,
beginning on the effective date of this amendatory Act of | ||||||
12 | 1995, its Tax Base
shall be 3.5% of the sum of the personal | ||||||
13 | property tax collected for the
1977 tax year within the | ||||||
14 | territorial jurisdiction of the district.
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15 | The amounts allocated and paid to taxing districts pursuant | ||||||
16 | to
the provisions of this amendatory Act of 1979 shall be | ||||||
17 | deemed to be
substitute revenues for the revenues derived from | ||||||
18 | taxes imposed on
personal property pursuant to the provisions | ||||||
19 | of the "Revenue Act of
1939" or "An Act for the assessment and | ||||||
20 | taxation of private car line
companies", approved July 22, | ||||||
21 | 1943, as amended, or Section 414 of the
Illinois Insurance | ||||||
22 | Code, prior to the abolition of such taxes and shall
be used | ||||||
23 | for the same purposes as the revenues derived from ad valorem
| ||||||
24 | taxes on real estate.
| ||||||
25 | Monies received by any taxing districts from the Personal | ||||||
26 | Property
Tax Replacement Fund shall be first applied toward |
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| |||||||
1 | payment of the proportionate
amount of debt service which was | ||||||
2 | previously levied and collected from
extensions against | ||||||
3 | personal property on bonds outstanding as of December 31,
1978 | ||||||
4 | and next applied toward payment of the proportionate share of | ||||||
5 | the pension
or retirement obligations of the taxing district | ||||||
6 | which were previously levied
and collected from extensions | ||||||
7 | against personal property. For each such
outstanding bond | ||||||
8 | issue, the County Clerk shall determine the percentage of the
| ||||||
9 | debt service which was collected from extensions against real | ||||||
10 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
11 | as related to the total amount
of such levies and collections | ||||||
12 | from extensions against both real and personal
property. For | ||||||
13 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
14 | and extend taxes against the real estate of each taxing | ||||||
15 | district which will
yield the said percentage or percentages of | ||||||
16 | the debt service on such
outstanding bonds. The balance of the | ||||||
17 | amount necessary to fully pay such debt
service shall | ||||||
18 | constitute a first and prior lien upon the monies
received by | ||||||
19 | each such taxing district through the Personal Property Tax
| ||||||
20 | Replacement Fund and shall be first applied or set aside for | ||||||
21 | such purpose.
In counties having fewer than 3,000,000 | ||||||
22 | inhabitants, the amendments to
this paragraph as made by this | ||||||
23 | amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||||||
24 | to be collected in 1981.
| ||||||
25 | (Source: P.A. 96-45, eff. 7-15-09; 97-72, eff. 7-1-11.)
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1 | Section 10. The Counties Code is amended by changing | ||||||
2 | Section 4-8002 as follows:
| ||||||
3 | (55 ILCS 5/4-8002) (from Ch. 34, par. 4-8002)
| ||||||
4 | Sec. 4-8002. Additional compensation of sheriff and | ||||||
5 | recorder.
| ||||||
6 | (a) In addition
to any salary otherwise provided by law, | ||||||
7 | beginning December 1, 1998, subject to appropriation, the
| ||||||
8 | sheriff of Cook County for his or her additional duties imposed | ||||||
9 | by other
statutes or laws shall
receive an annual stipend to be | ||||||
10 | paid by the Illinois Department of Revenue out of the Personal | ||||||
11 | Property Tax Replacement Fund in the
amount of $6,500. The | ||||||
12 | county board shall not reduce or otherwise impair the
| ||||||
13 | compensation payable from county funds to the sheriff if the | ||||||
14 | reduction or
impairment is the result of the sheriff receiving | ||||||
15 | a stipend payable from
State funds.
| ||||||
16 | (b) In addition to any salary otherwise provided by law, | ||||||
17 | beginning
December 1, 2000, subject to appropriation, the | ||||||
18 | recorder of deeds of Cook County for his or her
additional
| ||||||
19 | duties imposed by law shall receive an annual stipend to be | ||||||
20 | paid by the State Illinois Department of Revenue out of the | ||||||
21 | Personal Property Tax Replacement Fund
in an amount equal to | ||||||
22 | the stipend paid to each recorder in other counties under
| ||||||
23 | subsection (d) of Section 4-6001 of this Code. The county board | ||||||
24 | may not reduce
or otherwise impair the compensation
payable | ||||||
25 | from county funds to the recorder of deeds if the reduction or
|
| |||||||
| |||||||
1 | impairment is the result of the recorder of deeds receiving a | ||||||
2 | stipend payable
from State funds.
| ||||||
3 | (Source: P.A. 97-72, eff. 7-1-11.)
| ||||||
4 | Section 15. The School Code is amended by changing Sections | ||||||
5 | 2-3.62, 3-2.5, 3-15.10, and 18-5 and by adding Section 3A-18 as | ||||||
6 | follows:
| ||||||
7 | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| ||||||
8 | Sec. 2-3.62. Educational Service Centers.
| ||||||
9 | (a) A regional network of educational service centers shall | ||||||
10 | be established
by the State Board of Education to coordinate | ||||||
11 | and combine existing services in
a manner which is practical | ||||||
12 | and efficient and to provide new services to
schools as | ||||||
13 | provided in this Section. Services to be made available by such
| ||||||
14 | centers shall include the planning, implementation and | ||||||
15 | evaluation of:
| ||||||
16 | (1) (blank);
| ||||||
17 | (2) computer technology education;
| ||||||
18 | (3) mathematics, science and reading resources for | ||||||
19 | teachers including
continuing education, inservice | ||||||
20 | training and staff development.
| ||||||
21 | The centers may provide training, technical assistance, | ||||||
22 | coordination and
planning in other program areas such as school | ||||||
23 | improvement, school
accountability, financial planning, | ||||||
24 | consultation, and services, career guidance, early childhood |
| |||||||
| |||||||
1 | education, alcohol/drug
education and prevention, family life - | ||||||
2 | sex education, electronic transmission
of data from school | ||||||
3 | districts to the State, alternative education and regional
| ||||||
4 | special education, and telecommunications systems that provide | ||||||
5 | distance
learning. Such telecommunications systems may be | ||||||
6 | obtained through the
Department of Central Management Services | ||||||
7 | pursuant to Section 405-270 of the
Department of Central | ||||||
8 | Management Services Law (20 ILCS 405/405-270). The programs and | ||||||
9 | services of educational
service centers may be offered to | ||||||
10 | private school teachers and private school
students within each | ||||||
11 | service center area provided public schools have already
been | ||||||
12 | afforded adequate access to such programs and services.
| ||||||
13 | Upon the abolition of the office, removal from office, | ||||||
14 | disqualification for office, resignation from office, or | ||||||
15 | expiration of the current term of office of the regional | ||||||
16 | superintendent of schools, whichever is earlier, centers | ||||||
17 | serving that portion of a Class II county school unit outside | ||||||
18 | of a city of 500,000 or more inhabitants shall have and | ||||||
19 | exercise, in and with respect to each educational service | ||||||
20 | region having a population of 2,000,000 or more inhabitants and | ||||||
21 | in and with respect to each school district located in any such | ||||||
22 | educational service region, all of the rights, powers, duties, | ||||||
23 | and responsibilities theretofore vested by law in and exercised | ||||||
24 | and performed by the regional superintendent of schools for | ||||||
25 | that area under the provisions of this Code or any other laws | ||||||
26 | of this State. |
| |||||||
| |||||||
1 | The State Board of Education shall promulgate rules and | ||||||
2 | regulations necessary
to implement this Section. The rules | ||||||
3 | shall include detailed standards which
delineate the scope and | ||||||
4 | specific content of programs to be provided by each
Educational | ||||||
5 | Service Center, as well as the specific planning, | ||||||
6 | implementation
and evaluation services to be provided by each | ||||||
7 | Center relative to its programs.
The Board shall also provide | ||||||
8 | the standards by which it will evaluate the
programs provided | ||||||
9 | by each Center.
| ||||||
10 | (b) Centers serving Class 1 county school units shall be | ||||||
11 | governed by an
11-member board, 3 members of which shall be | ||||||
12 | public school teachers
nominated by the local bargaining | ||||||
13 | representatives to the appropriate regional
superintendent for | ||||||
14 | appointment and no more than 3 members of which shall be
from | ||||||
15 | each of the following categories, including but not limited to
| ||||||
16 | superintendents, regional superintendents, school board | ||||||
17 | members
and a representative of an institution of higher | ||||||
18 | education. The members of
the board shall be appointed by the | ||||||
19 | regional superintendents whose school
districts are served by | ||||||
20 | the educational service center.
The composition of the board | ||||||
21 | will reflect the revisions of this
amendatory Act of 1989 as | ||||||
22 | the terms of office of current members expire.
| ||||||
23 | (c) The centers shall be of sufficient size and number to | ||||||
24 | assure delivery
of services to all local school districts in | ||||||
25 | the State.
| ||||||
26 | (d) From monies appropriated for this program the State |
| |||||||
| |||||||
1 | Board of
Education shall provide grants paid from the Personal | ||||||
2 | Property Tax Replacement Fund for fiscal year 2012 only, and | ||||||
3 | from the General Revenue Fund for fiscal year 2013 and beyond | ||||||
4 | to qualifying Educational Service Centers
applying for such | ||||||
5 | grants in accordance with rules and regulations
promulgated by | ||||||
6 | the State Board of Education to implement this Section.
| ||||||
7 | (e) The governing authority of each of the 18 regional | ||||||
8 | educational service
centers shall appoint a family life - sex | ||||||
9 | education advisory board
consisting of 2 parents, 2 teachers, 2 | ||||||
10 | school administrators, 2 school
board members, 2 health care | ||||||
11 | professionals, one library system
representative, and the | ||||||
12 | director of the regional educational service center
who shall | ||||||
13 | serve as chairperson of the advisory board so appointed. | ||||||
14 | Members
of the family life - sex education advisory boards | ||||||
15 | shall serve without
compensation. Each of the advisory boards | ||||||
16 | appointed pursuant to this
subsection shall develop a plan for | ||||||
17 | regional teacher-parent family life - sex
education training | ||||||
18 | sessions and shall file a written report of such plan
with the | ||||||
19 | governing board of their regional educational service center. | ||||||
20 | The
directors of each of the regional educational service
| ||||||
21 | centers shall thereupon meet, review each of the reports | ||||||
22 | submitted by the
advisory boards and combine those reports into | ||||||
23 | a single written report which
they shall file with the Citizens | ||||||
24 | Council on School Problems prior to the
end of the regular | ||||||
25 | school term of the 1987-1988 school year.
| ||||||
26 | (f) The 14 educational service centers serving Class I |
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | county school units
shall be disbanded on the first Monday of | ||||||||||||||||||||||||||||
2 | August, 1995, and their statutory
responsibilities and | ||||||||||||||||||||||||||||
3 | programs shall be assumed by the regional offices of
education, | ||||||||||||||||||||||||||||
4 | subject to rules and regulations developed by
the
State Board | ||||||||||||||||||||||||||||
5 | of Education. The regional superintendents of schools elected | ||||||||||||||||||||||||||||
6 | by
the voters residing in all Class I counties shall serve as | ||||||||||||||||||||||||||||
7 | the chief
administrators for these programs and services. By | ||||||||||||||||||||||||||||
8 | rule of the State Board of
Education, the 10 educational | ||||||||||||||||||||||||||||
9 | service regions of
lowest
population shall provide such | ||||||||||||||||||||||||||||
10 | services under cooperative agreements with larger
regions.
| ||||||||||||||||||||||||||||
11 | (Source: P.A. 96-893, eff. 7-1-10.)
| ||||||||||||||||||||||||||||
12 | (105 ILCS 5/3-2.5)
| ||||||||||||||||||||||||||||
13 | Sec. 3-2.5. Salaries.
| ||||||||||||||||||||||||||||
14 | (a) Except as otherwise provided in this Section, the
| ||||||||||||||||||||||||||||
15 | regional superintendents of schools shall receive for their | ||||||||||||||||||||||||||||
16 | services an annual
salary according to the population, as | ||||||||||||||||||||||||||||
17 | determined by the last preceding federal
census, of the region | ||||||||||||||||||||||||||||
18 | they serve, as set out in the following schedule:
| ||||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | The changes made by Public Act 86-98 in the annual salary | ||||||
2 | that the
regional superintendents of schools shall receive for | ||||||
3 | their services shall
apply to the annual salary received by the | ||||||
4 | regional superintendents of
schools during each of their | ||||||
5 | elected terms of office that
commence after
July 26, 1989 and | ||||||
6 | before the first Monday of August, 1995.
| ||||||
7 | The changes made by Public Act 89-225 in the annual salary | ||||||
8 | that
regional superintendents of schools shall receive for | ||||||
9 | their services shall
apply to the annual salary received by the | ||||||
10 | regional superintendents of schools
during their elected terms | ||||||
11 | of office that
commence after August 4,
1995 and end on August | ||||||
12 | 1, 1999.
| ||||||
13 | The changes made by this amendatory Act of the 91st General | ||||||
14 | Assembly in the
annual salary that the regional superintendents | ||||||
15 | of schools shall receive for
their services shall apply to the | ||||||
16 | annual salary received by the regional
superintendents of | ||||||
17 | schools during each of their elected terms of office that
| ||||||
18 | commence on or after August 2, 1999.
| ||||||
19 | Beginning July 1, 2000, the salary that the regional | ||||||
20 | superintendent
of schools receives for his or her services | ||||||
21 | shall be adjusted annually to
reflect the percentage increase, | ||||||
22 | if any, in the most recent Consumer Price
Index, as defined and | ||||||
23 | officially reported by the United States Department of
Labor, | ||||||
24 | Bureau of Labor Statistics, except that no annual increment may | ||||||
25 | exceed
2.9%. If the percentage of change in the
Consumer Price | ||||||
26 | Index is a percentage decrease, the salary that the regional
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | superintendent of schools receives shall not be adjusted for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | that year.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | When regional superintendents are authorized by the School | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Code to
appoint assistant regional superintendents, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | assistant regional
superintendent shall receive an annual | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | salary based on his or her
qualifications and computed as a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | percentage of the salary of the
regional superintendent to whom | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | he or she is assistant, as set out in the
following schedule:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | However, in any region in which the appointment of more | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | than one
assistant regional superintendent is authorized, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | whether by Section
3-15.10 of this Code or otherwise, not more | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | than one assistant may
be compensated at the 90% rate and any |
| |||||||
| |||||||
1 | other assistant shall be paid at
not exceeding the 75% rate, in | ||||||
2 | each case depending on the qualifications
of the assistant.
| ||||||
3 | The salaries provided in this Section plus an amount for | ||||||
4 | other employment-related compensation or benefits for regional | ||||||
5 | superintendents
and assistant regional superintendents are | ||||||
6 | payable monthly by the State Board of Education out of the | ||||||
7 | Personal Property Tax Replacement Fund through a specific | ||||||
8 | appropriation to that effect in the State Board of Education | ||||||
9 | budget for the fiscal year 2012 only, and are payable monthly | ||||||
10 | from the Common School Fund for fiscal year 2013 and beyond | ||||||
11 | through a specific appropriation to that effect in the State | ||||||
12 | Board of Education budget . The State Comptroller in making his | ||||||
13 | or her warrant to
any county for the amount due it from the | ||||||
14 | Personal Property Tax Replacement Fund for the fiscal year 2012 | ||||||
15 | only, and from the Common School Fund for fiscal year 2013 and | ||||||
16 | beyond shall deduct
from it the several amounts for which | ||||||
17 | warrants have been issued to the
regional superintendent, and | ||||||
18 | any assistant regional superintendent, of
the educational | ||||||
19 | service region encompassing the county since the
preceding | ||||||
20 | apportionment from the Personal Property Tax Replacement Fund | ||||||
21 | for the fiscal year 2012 only, and from the Common School Fund | ||||||
22 | for fiscal year 2013 and beyond .
| ||||||
23 | County boards may provide for additional compensation for | ||||||
24 | the
regional superintendent or the assistant regional | ||||||
25 | superintendents, or
for each of them, to be paid quarterly from | ||||||
26 | the county treasury.
|
| |||||||
| |||||||
1 | (b) Upon abolition of the office of regional
superintendent | ||||||
2 | of schools in educational service regions containing
2,000,000 | ||||||
3 | or more inhabitants as provided in Section 3-0.01
of this Code, | ||||||
4 | the funds provided under subsection (a) of this Section shall | ||||||
5 | continue to be appropriated and reallocated, as provided for | ||||||
6 | pursuant to subsection (b) of Section 3-0.01 of this Code, to | ||||||
7 | the educational service centers established pursuant to | ||||||
8 | Section 2-3.62 of this Code for an educational service region | ||||||
9 | containing 2,000,000 or more inhabitants.
| ||||||
10 | (c) If the State pays all or any portion of the employee | ||||||
11 | contributions
required under Section 16-152 of the Illinois | ||||||
12 | Pension Code for employees of the
State Board of Education, it | ||||||
13 | shall also , subject to appropriation in the State Board of | ||||||
14 | Education budget for such payments to Regional Superintendents | ||||||
15 | and Assistant Regional Superintendents, pay the employee | ||||||
16 | contributions required
of regional superintendents of schools | ||||||
17 | and assistant regional superintendents
of schools on the same | ||||||
18 | basis, but excluding any contributions based on
compensation | ||||||
19 | that is paid by the county rather than the State.
| ||||||
20 | This subsection (c) applies to contributions based on | ||||||
21 | payments of salary
earned after the effective date of this | ||||||
22 | amendatory Act of the 91st General
Assembly, except that in the | ||||||
23 | case of an elected regional superintendent of
schools, this | ||||||
24 | subsection does not apply to contributions based on payments of
| ||||||
25 | salary earned during a term of office that commenced before the | ||||||
26 | effective date
of this amendatory Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10; | ||||||
2 | 97-333, eff. 8-12-11.)
| ||||||
3 | (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
| ||||||
4 | Sec. 3-15.10. Assistant Regional Superintendent. To | ||||||
5 | employ, in counties or
regions of 2,000,000 inhabitants or | ||||||
6 | less, in addition to any assistants
authorized to be employed | ||||||
7 | with the approval of the county board, an assistant
regional | ||||||
8 | superintendent of schools who shall be a person of good | ||||||
9 | attainment,
versed in the principles and methods of education, | ||||||
10 | and qualified to teach and
supervise schools under Article 21 | ||||||
11 | of this Act; to fix the term of such
assistant and direct his | ||||||
12 | work and define his duties. On the effective date of this | ||||||
13 | amendatory Act of the 96th General Assembly, in regions | ||||||
14 | established
within that portion of a Class II county school | ||||||
15 | unit outside of a city of 500,000 or more
inhabitants, the | ||||||
16 | employment of all persons serving as assistant county or | ||||||
17 | regional superintendents of schools is terminated, the | ||||||
18 | position of assistant regional superintendent of schools in | ||||||
19 | each such region is abolished, and this Section shall, | ||||||
20 | beginning on the effective date of this amendatory Act of the | ||||||
21 | 96th General Assembly, have no further application in the | ||||||
22 | educational service region. Assistant regional superintendents | ||||||
23 | shall each be a
person of good attainment, versed in the | ||||||
24 | principles and methods of education,
and qualified to teach and | ||||||
25 | supervise schools under Article 21 of this Act. The
work of |
| |||||||
| |||||||
1 | such assistant regional superintendent shall be so arranged and
| ||||||
2 | directed that the county or regional superintendent and | ||||||
3 | assistant
superintendent, together, shall devote an amount of | ||||||
4 | time during the school
year, equal to at least the full time of | ||||||
5 | one individual, to the supervision of
schools and of teaching | ||||||
6 | in the schools of the county.
| ||||||
7 | A regional superintendent of schools shall not employ his | ||||||
8 | or her spouse,
child, stepchild, or
relative as an assistant | ||||||
9 | regional superintendent of schools.
By September 1 each year, a | ||||||
10 | regional superintendent shall certify to the State
Board of | ||||||
11 | Education
that he or she
has complied with this paragraph.
If | ||||||
12 | the State Board of Education becomes aware of the fact that a | ||||||
13 | regional
superintendent is employing his or her spouse, child, | ||||||
14 | stepchild, or relative as
an assistant regional | ||||||
15 | superintendent, the State Board of Education shall report this | ||||||
16 | information to the Governor and the Comptroller, and the State | ||||||
17 | Board of Education shall not
request for payment from the State | ||||||
18 | Comptroller any warrants for the payment of
the assistant | ||||||
19 | regional superintendent's salary or other employment-related | ||||||
20 | compensation or benefits . In this paragraph, "relative"
means a | ||||||
21 | grandparent, parent, aunt, uncle, sibling, first cousin, | ||||||
22 | nephew, niece,
grandchild, or spouse of one of these persons. | ||||||
23 | This paragraph applies only to
contracts for employment entered | ||||||
24 | into on or after the effective date of this
amendatory Act of | ||||||
25 | the 91st General Assembly.
| ||||||
26 | (Source: P.A. 96-893, eff. 7-1-10.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/3A-18 new) | ||||||
2 | Sec. 3A-18. Streamlining Illinois' Regional Offices of | ||||||
3 | Education Commission. | ||||||
4 | (a) Recognizing the virtue of the regional offices of
| ||||||
5 | education in that locally elected public servants are working
| ||||||
6 | closely with local school boards and superintendents and in
| ||||||
7 | partnership with the State Board of Education, and in an effort
| ||||||
8 | to deliver these educational services more efficiently and
| ||||||
9 | effectively, there is hereby established the Streamlining
| ||||||
10 | Illinois' Regional Offices of Education Commission. The | ||||||
11 | Commission shall explore and examine all duties of the State | ||||||
12 | Board of Education and all regional offices of education and | ||||||
13 | intermediate service centers, as well as the boundaries of the | ||||||
14 | educational service regions as defined in this Article, in | ||||||
15 | order to determine which duties and responsibilities should be | ||||||
16 | provided regionally to more appropriately and efficiently | ||||||
17 | deliver services and whether the boundaries of the education | ||||||
18 | service regions can be expanded to streamline the regional | ||||||
19 | offices of education. The Commission shall ensure that its | ||||||
20 | recommendations include specifics as to the necessary funding | ||||||
21 | to carry out identified responsibilities. | ||||||
22 | (b) The Commission shall consist of all of the following | ||||||
23 | voting members: | ||||||
24 | (1) One person appointed by the Governor, who shall | ||||||
25 | serve as chairperson of the Commission. |
| |||||||
| |||||||
1 | (2) One member appointed by the President of the | ||||||
2 | Senate. | ||||||
3 | (3) One member appointed by the Minority Leader of the | ||||||
4 | Senate. | ||||||
5 | (4) One member appointed by the Speaker of the House of | ||||||
6 | Representatives. | ||||||
7 | (5) One member appointed by the Minority Leader of the | ||||||
8 | House of Representatives. | ||||||
9 | (6) One member appointed by an association | ||||||
10 | representing regional superintendents of schools. | ||||||
11 | (7) One member appointed by an association | ||||||
12 | representing school boards. | ||||||
13 | (8) One member appointed by an association | ||||||
14 | representing school administrators. | ||||||
15 | (9) One member appointed by an association | ||||||
16 | representing school business officials. | ||||||
17 | (10) One member appointed by each of 2 statewide | ||||||
18 | associations representing teachers. | ||||||
19 | (11) One member from an intermediate service center | ||||||
20 | appointed by the State Superintendent of Education. | ||||||
21 | (12) One district superintendent from an urban school
| ||||||
22 | district appointed by the State Superintendent of
| ||||||
23 | Education. | ||||||
24 | (13) One district superintendent from a rural school
| ||||||
25 | district appointed by the State Superintendent of
| ||||||
26 | Education. |
| |||||||
| |||||||
1 | (14) One representative from the State Board of | ||||||
2 | Education appointed by the State Superintendent of | ||||||
3 | Education. | ||||||
4 | Members appointed by the legislative leaders shall be | ||||||
5 | appointed for the duration of the Commission; in the event of a | ||||||
6 | vacancy, the appointment to fill the vacancy shall be made by | ||||||
7 | the legislative leader of the same house and party as the | ||||||
8 | leader who made the original appointment. | ||||||
9 | (c) The Commission may begin to conduct business upon the | ||||||
10 | appointment of a majority of the voting members. | ||||||
11 | (d) The State Board of Education shall be the agency | ||||||
12 | responsible for providing staff and administrative support to | ||||||
13 | the Commission. | ||||||
14 | (e) Members of the Commission shall receive no compensation | ||||||
15 | for their participation, but may be reimbursed by the State
| ||||||
16 | Board of Education for expenses in connection with their | ||||||
17 | participation, including travel, if funds are available. | ||||||
18 | (f) The Commission shall submit a final report of its | ||||||
19 | findings and recommendations to the Governor and the General | ||||||
20 | Assembly on or before August 1, 2012. The Commission may submit | ||||||
21 | other reports as it deems appropriate. | ||||||
22 | (g) The Commission is abolished on August 2, 2012, and this
| ||||||
23 | Section is repealed on August 2, 2012.
| ||||||
24 | (105 ILCS 5/18-5) (from Ch. 122, par. 18-5)
| ||||||
25 | Sec. 18-5. Compensation of regional superintendents and |
| |||||||
| |||||||
1 | assistants. The State Board of Education
shall request an | ||||||
2 | appropriation payable
from the Personal Property Tax | ||||||
3 | Replacement Fund for fiscal year 2012 only, and the common | ||||||
4 | school fund for fiscal year 2013 and beyond as and for | ||||||
5 | compensation for regional
superintendents of schools and the | ||||||
6 | assistant regional superintendents of
schools authorized by | ||||||
7 | Section 3-15.10 of this Act, and as provided in "An Act | ||||||
8 | concerning
fees and salaries and to classify the several | ||||||
9 | counties of this State with
reference thereto", approved March | ||||||
10 | 29, 1872 as amended, and shall present
vouchers to the | ||||||
11 | Comptroller
monthly for the payment to the
several regional | ||||||
12 | superintendents and such assistant regional superintendents
of | ||||||
13 | their compensation as fixed by law. Such payments shall be made | ||||||
14 | either
(1) monthly, at the close of the month, or (2) | ||||||
15 | semimonthly on or around
the 15th of the month and at the close | ||||||
16 | of the month, at the option of the
regional superintendent or | ||||||
17 | assistant regional superintendent.
| ||||||
18 | (Source: P.A. 83-686.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
|