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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 8a as follows:
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6 | (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
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7 | Sec. 8a. Common School Fund; transfers to Common School | ||||||
8 | Fund and Education
Assistance Fund.
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9 | (a) Except as provided in subsection (b) of this
Section | ||||||
10 | and except as otherwise provided in this subsection (a) with
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11 | respect to amounts transferred from the General Revenue Fund to | ||||||
12 | the Common
School Fund for distribution therefrom for the | ||||||
13 | benefit of the Teachers'
Retirement System of the State of | ||||||
14 | Illinois and the Public School Teachers'
Pension and Retirement | ||||||
15 | Fund of Chicago:
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16 | (1) With respect to all school districts, for each | ||||||
17 | fiscal year before fiscal year 2008, other
than fiscal year | ||||||
18 | 1994, on or before the eleventh and
twenty-first days of | ||||||
19 | each of the months of August through the following July,
at | ||||||
20 | a time or times designated by the Governor, the State | ||||||
21 | Treasurer
and the State Comptroller shall transfer from the | ||||||
22 | General Revenue
Fund to the Common School Fund and | ||||||
23 | Education Assistance Fund, as
appropriate, 1/24 or so much |
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1 | thereof as may be
necessary of the amount appropriated to | ||||||
2 | the State Board of Education for
distribution to all school | ||||||
3 | districts from such Common School Fund and
Education | ||||||
4 | Assistance Fund, for the
fiscal year, including interest on | ||||||
5 | the School Fund proportionate for that
distribution for | ||||||
6 | such year.
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7 | (1.5) With respect to all school districts, for fiscal | ||||||
8 | year 2008 and each fiscal year thereafter, on or before the | ||||||
9 | 11th and 21st days of each of the months of August through | ||||||
10 | the following June, at a time or times designated by the | ||||||
11 | Governor, the State Treasurer and the State Comptroller | ||||||
12 | shall transfer from the General Revenue Fund to the Common | ||||||
13 | School Fund and Education Assistance Fund, as appropriate, | ||||||
14 | 1/22 or so much thereof as may be necessary of the amount | ||||||
15 | appropriated to the State Board of Education for | ||||||
16 | distribution to all school districts from the Common School | ||||||
17 | Fund and Education Assistance Fund, for the fiscal year, | ||||||
18 | including interest on the Common School Fund proportionate | ||||||
19 | for that distribution for that year.
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20 | (2) With respect to all school districts, but for | ||||||
21 | fiscal year 1994 only,
on the 11th day of August, 1993 and | ||||||
22 | on or before the 11th and
21st days of each of the months | ||||||
23 | of October, 1993 through July, 1994 at a time
or times | ||||||
24 | designated by the Governor, the State Treasurer and the | ||||||
25 | State
Comptroller shall transfer from the General Revenue | ||||||
26 | Fund to the Common School
Fund 1/24 or so much thereof as |
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1 | may be necessary of the amount appropriated to
the State | ||||||
2 | Board of Education for distribution to all school districts | ||||||
3 | from such
Common School Fund, for fiscal year 1994, | ||||||
4 | including interest on the School Fund
proportionate for | ||||||
5 | that distribution for such year; and on or before the 21st
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6 | day of August, 1993 at a time or times designated by the | ||||||
7 | Governor, the State
Treasurer and the State Comptroller | ||||||
8 | shall transfer from the General Revenue
Fund to the Common | ||||||
9 | School Fund 3/24 or so much thereof as may be necessary of
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10 | the amount appropriated to the State Board of Education for | ||||||
11 | distribution to all
school districts from the Common School | ||||||
12 | Fund, for fiscal year 1994, including
interest | ||||||
13 | proportionate for that distribution on the School Fund for | ||||||
14 | such fiscal
year.
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15 | The amounts of the payments made in July of each year , if | ||||||
16 | required : (i) shall be
considered an outstanding liability as | ||||||
17 | of the 30th day of June immediately
preceding those July | ||||||
18 | payments, within the meaning of Section 25 of this Act;
(ii) | ||||||
19 | shall be payable from the appropriation for the fiscal year | ||||||
20 | that ended on
that 30th day of June; and (iii) shall be | ||||||
21 | considered payments for claims
covering the school year that | ||||||
22 | commenced during the immediately preceding
calendar year.
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23 | Notwithstanding the foregoing provisions of this | ||||||
24 | subsection, as soon
as may be after the 10th and 20th days of | ||||||
25 | each of the months of August
through May, 1/24, and on or as | ||||||
26 | soon as may be after the 10th and 20th days of June, 1/12 of the |
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1 | annual amount appropriated to the
State Board of Education for | ||||||
2 | distribution and payment during that fiscal year
from the | ||||||
3 | Common School Fund to and for the benefit of the Teachers' | ||||||
4 | Retirement
System of the State of Illinois (until the end of | ||||||
5 | State fiscal year 1995)
and the Public School Teachers' Pension | ||||||
6 | and Retirement Fund of Chicago as
provided by the Illinois | ||||||
7 | Pension Code and Section 18-7 of the School Code, or
so much | ||||||
8 | thereof as may be necessary, shall be transferred by the State
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9 | Treasurer and the State Comptroller from the General Revenue | ||||||
10 | Fund to the Common
School Fund to permit semi-monthly payments | ||||||
11 | from the Common School Fund to and
for the benefit of such | ||||||
12 | teacher retirement systems as required by Section 18-7
of the | ||||||
13 | School Code.
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14 | Notwithstanding the other provisions of this Section, on or | ||||||
15 | as soon as
may be after the 15th day of each month, beginning | ||||||
16 | in July of 1995, 1/12
of the annual amount appropriated for | ||||||
17 | that fiscal year from the Common School
Fund to the Teachers' | ||||||
18 | Retirement System of the State of Illinois (other than
amounts | ||||||
19 | appropriated under Section 1.1 of the State Pension Funds | ||||||
20 | Continuing
Appropriation Act), or so much thereof as may be | ||||||
21 | necessary, shall be
transferred by the State Treasurer and the | ||||||
22 | State Comptroller from the General
Revenue Fund to the Common | ||||||
23 | School Fund to permit monthly payments from the
Common School | ||||||
24 | Fund to that retirement system in accordance with Section | ||||||
25 | 16-158
of the Illinois Pension Code and Section 18-7 of the | ||||||
26 | School Code, except that
such transfers in fiscal year 2004 |
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1 | from the General Revenue Fund
to the Common School Fund for the | ||||||
2 | benefit of the Teachers' Retirement System of
the State of | ||||||
3 | Illinois shall be reduced in the aggregate by the State
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4 | Comptroller and
State Treasurer to adjust for the amount | ||||||
5 | transferred to the Teachers'
Retirement System of the State of | ||||||
6 | Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
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7 | appropriated to the Teachers' Retirement System of the State of | ||||||
8 | Illinois under
Section 1.1 of the State Pension Funds | ||||||
9 | Continuing Appropriation Act shall be
transferred by the State | ||||||
10 | Treasurer and the State Comptroller from the General
Revenue | ||||||
11 | Fund to the Common School Fund as necessary to provide for the | ||||||
12 | payment
of vouchers drawn against those appropriations.
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13 | The Governor may notify the State Treasurer and the State | ||||||
14 | Comptroller to
transfer, at a time designated by the Governor, | ||||||
15 | such additional amount as
may be necessary to effect advance | ||||||
16 | distribution to school districts of amounts
that otherwise | ||||||
17 | would be payable in the next month pursuant to Sections 18-8
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18 | through 18-10 of the School Code. The State Treasurer and the | ||||||
19 | State Comptroller
shall thereupon transfer such additional | ||||||
20 | amount. The aggregate amount
transferred from the General | ||||||
21 | Revenue Fund to the Common School Fund in the
eleven months | ||||||
22 | beginning August 1 of any fiscal year shall not be in excess
of | ||||||
23 | the amount necessary for payment of claims certified by the | ||||||
24 | State
Superintendent of Education pursuant to the | ||||||
25 | appropriation of the Common
School Fund for that fiscal year. | ||||||
26 | Notwithstanding the provisions of the
first paragraph in this |
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1 | section, no transfer to effect an advance
distribution shall be | ||||||
2 | made in any month except on notification, as provided
above, by | ||||||
3 | the Governor.
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4 | The State Comptroller and State Treasurer shall transfer | ||||||
5 | from the General
Revenue Fund to the Common School Fund and the | ||||||
6 | Education Assistance Fund
such amounts as may be required to
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7 | honor the vouchers presented by the State Board of Education | ||||||
8 | pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the | ||||||
9 | School Code.
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10 | The State Comptroller shall report all transfers provided | ||||||
11 | for in this Act
to the President of the Senate, Minority Leader | ||||||
12 | of the Senate, Speaker of
the House, and Minority Leader of the | ||||||
13 | House.
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14 | (b) On or before the 11th and 21st days of each of the | ||||||
15 | months of June,
1982 through July, 1983, at a time or times | ||||||
16 | designated by the Governor,
the State Treasurer and the State | ||||||
17 | Comptroller shall transfer from the General
Revenue Fund to the | ||||||
18 | Common School Fund 1/24 or so much thereof as may be
necessary | ||||||
19 | of the amount appropriated to the State Board of Education for
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20 | distribution from such Common School Fund, for that same fiscal | ||||||
21 | year, including
interest on the School Fund for such year. The | ||||||
22 | amounts of the payments
in the months of July, 1982 and July, | ||||||
23 | 1983 shall be considered an outstanding
liability as of the | ||||||
24 | 30th day of June immediately preceding such July payment,
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25 | within the meaning of Section 25 of this Act, and shall be | ||||||
26 | payable from
the appropriation for the fiscal year which ended |
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1 | on such 30th day of June,
and such July payments shall be | ||||||
2 | considered payments for claims covering
school years 1981-1982 | ||||||
3 | and 1982-1983 respectively.
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4 | In the event the Governor makes notification to effect | ||||||
5 | advanced distribution
under the provisions of subsection (a) of | ||||||
6 | this Section, the aggregate amount
transferred from the General | ||||||
7 | Revenue Fund to the Common School Fund in the
12 months | ||||||
8 | beginning August 1, 1981 or the 12 months beginning August 1,
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9 | 1982 shall not be in excess of the amount necessary for payment | ||||||
10 | of claims
certified by the State Superintendent of Education | ||||||
11 | pursuant to the
appropriation of the Common School Fund for the | ||||||
12 | fiscal years commencing on
the first of July of the years 1981 | ||||||
13 | and 1982.
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14 | (Source: P.A. 93-665, eff. 3-5-04.)
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15 | Section 10. The School Code is amended by changing Section | ||||||
16 | 18-11 as follows:
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17 | (105 ILCS 5/18-11) (from Ch. 122, par. 18-11)
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18 | Sec. 18-11. Payment of claims.
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19 | (a) For each fiscal year before fiscal year 2008, except
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20 | Except as provided in subsection (b) of this Section with | ||||||
21 | respect to payments made under Sections 18-8 through 18-10 of | ||||||
22 | this Code for the period of June 1982 through July 1983 , and | ||||||
23 | except as
provided in subsection (c) of this Section with | ||||||
24 | respect to payments made under
Sections 18-8 through 18-10 for |
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1 | fiscal year 1994 only, as soon as may
be after the 10th and | ||||||
2 | 20th days of each of the months of August through the
following | ||||||
3 | July , if moneys are available in the common school fund
in the | ||||||
4 | State treasury for payments under Sections 18-8 through 18-10 , | ||||||
5 | the State
Comptroller shall draw his warrants upon the State | ||||||
6 | Treasurer as directed by
the State Board of Education pursuant | ||||||
7 | to Section 2-3.17b and
in accordance with the transfers from | ||||||
8 | the General Revenue Fund to the
Common School Fund as specified | ||||||
9 | in Section 8a of the State Finance Act.
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10 | Each such semimonthly warrant shall
be in an amount equal | ||||||
11 | to 1/24 of the total amount to be distributed to school
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12 | districts for the fiscal year.
The amount of payments made in | ||||||
13 | July of each year shall be
considered as payments for claims | ||||||
14 | covering the school year that commenced
during the immediately | ||||||
15 | preceding calendar year.
If the payments provided for under | ||||||
16 | Sections 18-8 through 18-10 have been
assigned as security for | ||||||
17 | State aid anticipation certificates pursuant to
Section 18-18, | ||||||
18 | the State Board of Education shall pay the appropriate amount | ||||||
19 | of
the payment, as specified in the notification required by | ||||||
20 | Section 18-18,
directly to the assignee.
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21 | (a-5) With respect to payments made under Sections 18-8.05 | ||||||
22 | through 18-10 of this Code for fiscal year 2008 and each fiscal | ||||||
23 | year thereafter, as soon as may be after the 10th and 20th days | ||||||
24 | of each of the months of August through the following June, if | ||||||
25 | moneys are available in the Common School Fund in the State | ||||||
26 | treasury for payments under Sections 18-8.05 through 18-10 of |
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1 | this Code, the State Comptroller shall draw his or her warrants | ||||||
2 | upon the State Treasurer as directed by the State Board of | ||||||
3 | Education pursuant to Section 2-3.17b of this Code and in | ||||||
4 | accordance with the transfers from the General Revenue Fund to | ||||||
5 | the Common School Fund as specified in Section 8a of the State | ||||||
6 | Finance Act. | ||||||
7 | Each such semimonthly warrant shall be in an amount equal | ||||||
8 | to 1/22 of the total amount to be distributed to school | ||||||
9 | districts for the fiscal year. If the payments provided for | ||||||
10 | under Sections 18-8.05 through 18-10 of this Code have been | ||||||
11 | assigned as security for State aid anticipation certificates | ||||||
12 | pursuant to Section 18-18 of this Code, then the State Board of | ||||||
13 | Education shall pay the appropriate amount of the payment, as | ||||||
14 | specified in the notification required by Section 18-18 of this | ||||||
15 | Code, directly to the assignee.
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16 | (b) As soon as may be after the 10th and 20th days of each | ||||||
17 | of the months
of June, 1982 through July, 1983, if moneys are | ||||||
18 | available in the Common
School Fund in the State treasury for | ||||||
19 | payments under Sections 18-8 through
18-10, the State | ||||||
20 | Comptroller shall draw his warrants upon the State Treasurer
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21 | proportionate for the various counties payable to the regional
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22 | superintendent of schools in accordance with the transfers from | ||||||
23 | the General
Revenue Fund to the Common School Fund as specified | ||||||
24 | in Section 8a of
the State Finance Act.
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25 | Each such semimonthly warrant for the months of June and | ||||||
26 | July, 1982 shall
be in an amount equal to 1/24 of the total |
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1 | amount to be distributed to school
districts by the regional | ||||||
2 | superintendent for school year 1981-1982.
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3 | Each such semimonthly warrant for the months of August, | ||||||
4 | 1982 through July,
1983 shall be in an amount equal to 1/24 of | ||||||
5 | the total amount to be distributed
to school districts by the | ||||||
6 | regional superintendent for school year 1982-1983.
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7 | The State Superintendent of Education shall, from monies | ||||||
8 | appropriated for
such purpose, compensate districts for | ||||||
9 | interest lost arising from the
change in payments in June, 1982 | ||||||
10 | to payments in the months of June and July,
1982, for claims | ||||||
11 | arising from school year 1981-1982. The amount appropriated
for | ||||||
12 | such purpose shall be based upon the Prime Commercial Rate in | ||||||
13 | effect
May 15, 1982. The amount of such compensation shall be | ||||||
14 | equal to the ratio
of the district's net State aid entitlement | ||||||
15 | for school year 1981-1982 divided
by the total net State aid | ||||||
16 | entitlement times the funds appropriated for
such purpose. | ||||||
17 | Payment in full of the amount of compensation derived from
the | ||||||
18 | computation required in the preceding sentence shall be made as | ||||||
19 | soon
as may be after July 1, 1982 upon warrants payable to the | ||||||
20 | several regional
superintendents of schools.
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21 | The State Superintendent of Education shall, from monies | ||||||
22 | appropriated for
such purpose, compensate districts for | ||||||
23 | interest lost arising from the change
in payments in June, 1983 | ||||||
24 | to payments in the months of June and July, 1983,
for claims | ||||||
25 | arising from school year 1982-1983. The amount appropriated
for | ||||||
26 | such purpose shall be based upon an interest rate of no less |
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1 | than 15
per cent or the Prime Commercial Rate in effect May 15, | ||||||
2 | 1983, whichever
is greater. The amount of such compensation | ||||||
3 | shall be equal to the ratio
of the district's net State aid | ||||||
4 | entitlement for school year 1982-1983 divided
by the total net | ||||||
5 | State aid entitlement times the funds appropriated for
such | ||||||
6 | purpose. Payment in full of the amount of compensation derived | ||||||
7 | from
the computation required in the preceding sentence shall | ||||||
8 | be made as soon as
may be after July 1, 1983 upon warrants | ||||||
9 | payable to the several regional
superintendents of schools.
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10 | The State Superintendent of Education shall, from monies | ||||||
11 | appropriated
for such purpose, compensate districts for | ||||||
12 | interest lost arising from the
change in payments in June, 1992 | ||||||
13 | and each year thereafter to payments in the
months of June and | ||||||
14 | July, 1992 and each year thereafter. The amount
appropriated | ||||||
15 | for such purpose shall be based upon the Prime Commercial Rate
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16 | in effect June 15, 1992 and June 15 annually thereafter. The | ||||||
17 | amount of
such compensation shall be equal to the ratio of the | ||||||
18 | district's net State
aid entitlement divided by the total net | ||||||
19 | State aid entitlement times the
amount of funds appropriated | ||||||
20 | for such purpose. Payment of the compensation
shall be made as | ||||||
21 | soon as may be after July 1 upon warrants payable
to the | ||||||
22 | several regional superintendents of schools.
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23 | The regional superintendents shall make payments to their | ||||||
24 | respective school
districts as soon as may be after receipt of | ||||||
25 | the warrants unless the payments
have been assigned as security | ||||||
26 | for State aid anticipation certificates pursuant
to Section |
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1 | 18-18. If such an assignment has been made, the regional
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2 | superintendent shall, as soon as may be after receipt of the | ||||||
3 | warrants, pay
the appropriate amount of the payment as | ||||||
4 | specified in the notification
required by Section 18-18, | ||||||
5 | directly to the assignee.
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6 | As used in this Section, "Prime Commercial Rate" means such | ||||||
7 | prime rate
as from time to time is publicly announced by the | ||||||
8 | largest commercial banking
institution in this State, measured | ||||||
9 | in terms of total assets.
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10 | (c) With respect to all school districts but for fiscal | ||||||
11 | year 1994 only,
as soon as may be after the 10th and 20th days | ||||||
12 | of August, 1993 and as soon as
may be after the 10th and 20th | ||||||
13 | days of each of the months of
October, 1993 through July, 1994 | ||||||
14 | if moneys are available in the Common School
Fund in
the State | ||||||
15 | treasury for payments under Sections 18-8 through 18-10, the
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16 | State Comptroller shall draw his warrants upon the State | ||||||
17 | Treasurer as
directed
by the State Board of Education in | ||||||
18 | accordance with transfers from the General Revenue
Fund to the | ||||||
19 | Common School Fund as specified in Section 8a of the State
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20 | Finance Act. The warrant for the 10th
day of August, 1993 and | ||||||
21 | each semimonthly warrant for the months of October,
1993 | ||||||
22 | through July, 1994 shall be in an amount equal to 1/24 of the | ||||||
23 | total amount
to be distributed to that school district
for
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24 | fiscal year 1994, and the warrant for the 20th day of August, | ||||||
25 | 1993 shall be in
an
amount equal to 3/24 of that total. The | ||||||
26 | amount of payments made in July of
1994 shall be considered as |
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1 | payments for claims covering the school
year that commenced | ||||||
2 | during the immediately preceding calendar year.
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3 | (Source: P.A. 87-14; 87-887; 87-895; 88-45; 88-89; 88-641, eff. | ||||||
4 | 9-9-94.)
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5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2007.
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