Public Act 096-1086
 
SB3609 EnrolledLRB096 18683 NHT 34067 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Section 13.2 as follows:
 
    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
    Sec. 13.2. Transfers among line item appropriations.
    (a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
    (a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education.
    (a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions
paid by employer, and State contributions to retirement
systems. During State fiscal year 2010 only, an agency may
transfer amounts among its respective appropriations within
the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. Notwithstanding, and in
addition to, the transfers authorized in subsection (c) of this
Section, these transfers may be made in an amount not to exceed
2% of the aggregate amount appropriated to an agency within the
same treasury fund.
    (a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.
    (b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
    The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
    The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
    The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: Homemaker and Senior
Companion Services, Alternative Senior Services, Case
Coordination Units, and Adult Day Care Services.
    The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line
item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid and General State Aid -
Hold Harmless, provided that no such transfer may be made
unless the amount transferred is no longer required for the
purpose for which that appropriation was made, to the line item
appropriation for Transitional Assistance when the balance
remaining in such line item appropriation is insufficient for
the purpose for which the appropriation was made.
    The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    During State fiscal year 2010 only, the Department of
Healthcare and Family Services is authorized to make transfers
not exceeding 4% of the aggregate amount appropriated to it,
within the same treasury fund, among the various line items
appropriated for Medical Assistance.
    (c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; and, in appropriations
to institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
    (c-1) Special provisions for State fiscal year 2003.
Notwithstanding any other provision of this Section to the
contrary, for State fiscal year 2003 only, transfers among line
item appropriations to an agency from the same treasury fund
may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
    (c-2) Special provisions for State fiscal year 2005.
Notwithstanding subsections (a), (a-2), and (c), for State
fiscal year 2005 only, transfers may be made among any line
item appropriations from the same or any other treasury fund
for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
    (d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
    The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with
information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
    (e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid between from the Common School Fund and to
the Education Assistance Fund.
(Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09;
96-820, eff. 11-18-09.)
 
    Section 10. The School Code is amended by changing Section
3-2.5 as follows:
 
    (105 ILCS 5/3-2.5)
    Sec. 3-2.5. Salaries.
    (a) Except as otherwise provided in this Section, the
regional superintendents of schools shall receive for their
services an annual salary according to the population, as
determined by the last preceding federal census, of the region
they serve, as set out in the following schedule:
SALARIES OF REGIONAL SUPERINTENDENTS OF
SCHOOLS
    POPULATION OF REGION                 ANNUAL SALARY
    Less than 48,000                     $73,500
    48,000 to 99,999                     $78,000
    100,000 to 999,999                   $81,500
    1,000,000 and over                   $83,500
    The changes made by Public Act 86-98 in the annual salary
that the regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during each of their
elected terms of office that commence after July 26, 1989 and
before the first Monday of August, 1995.
    The changes made by Public Act 89-225 in the annual salary
that regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during their elected terms
of office that commence after August 4, 1995 and end on August
1, 1999.
    The changes made by this amendatory Act of the 91st General
Assembly in the annual salary that the regional superintendents
of schools shall receive for their services shall apply to the
annual salary received by the regional superintendents of
schools during each of their elected terms of office that
commence on or after August 2, 1999.
    Beginning July 1, 2000, the salary that the regional
superintendent of schools receives for his or her services
shall be adjusted annually to reflect the percentage increase,
if any, in the most recent Consumer Price Index, as defined and
officially reported by the United States Department of Labor,
Bureau of Labor Statistics, except that no annual increment may
exceed 2.9%. If the percentage of change in the Consumer Price
Index is a percentage decrease, the salary that the regional
superintendent of schools receives shall not be adjusted for
that year.
    When regional superintendents are authorized by the School
Code to appoint assistant regional superintendents, the
assistant regional superintendent shall receive an annual
salary based on his or her qualifications and computed as a
percentage of the salary of the regional superintendent to whom
he or she is assistant, as set out in the following schedule:
SALARIES OF ASSISTANT REGIONAL
SUPERINTENDENTS
    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
    ASSISTANT REGIONAL                   OF REGIONAL
    SUPERINTENDENT                       SUPERINTENDENT
    No Bachelor's degree, but State
    certificate valid for teaching
    and supervising.                     70%    
    Bachelor's degree plus
    State certificate valid
    for supervising.                     75%    
    Master's degree plus
    State certificate valid
    for supervising.                     90%    
    However, in any region in which the appointment of more
than one assistant regional superintendent is authorized,
whether by Section 3-15.10 of this Code or otherwise, not more
than one assistant may be compensated at the 90% rate and any
other assistant shall be paid at not exceeding the 75% rate, in
each case depending on the qualifications of the assistant.
    The salaries provided in this Section for regional
superintendents and assistant regional superintendents are
payable monthly from the Common School Fund. The State
Comptroller in making his or her warrant to any county for the
amount due it from the Common School Fund shall deduct from it
the several amounts for which warrants have been issued to the
regional superintendent, and any assistant regional
superintendent, of the educational service region encompassing
the county since the preceding apportionment of the Common
School Fund.
    County boards may provide for additional compensation for
the regional superintendent or the assistant regional
superintendents, or for each of them, to be paid quarterly from
the county treasury.
    (b) Upon abolition on July 1, 1994, of the office of
regional superintendent of schools in educational service
regions containing 2,000,000 or more inhabitants as provided in
Section 3-0.01 of this Code, the provisions of subsection (a)
of this Section shall no longer apply in any educational
service region in which the office of regional superintendent
of schools is so abolished, and no salary or other compensation
shall be payable under that subsection (a) or under any other
provision of this Section with respect to the office so
abolished or with respect to any assistant position to the
office so abolished.
    (c) If the State pays all or any portion of the employee
contributions required under Section 16-152 of the Illinois
Pension Code for employees of the State Board of Education, it
shall also pay the employee contributions required of regional
superintendents of schools and assistant regional
superintendents of schools on the same basis, but excluding any
contributions based on compensation that is paid by the county
rather than the State.
    This subsection (c) applies to contributions based on
payments of salary earned after the effective date of this
amendatory Act of the 91st General Assembly, except that in the
case of an elected regional superintendent of schools, this
subsection does not apply to contributions based on payments of
salary earned during a term of office that commenced before the
effective date of this amendatory Act.
(Source: P.A. 91-276, eff. 7-23-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.