SB1955 Engrossed

LRB095 18716 NHT 44819 b






1
    AN ACT concerning education.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The State Finance Act is amended  by changing 
5
Section 8a as follows:
 


6
    (30 ILCS 105/8a)
  (from Ch. 127, par. 144a)



7
    Sec. 8a. Common School Fund; transfers to Common School 
8
Fund and Education
Assistance Fund.

9
    (a) Except as provided in subsection (b) of this
Section 
10
and except as otherwise provided in this subsection (a) with

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:


16
        (1) With respect to all school districts, for each 
17
    fiscal year before fiscal year 2009, 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 
 


 






SB1955 Engrossed
- 2 -
LRB095 18716 NHT 44819 b




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.

7
        (1.5)  With respect to all school districts, for fiscal 
8
    year 2009 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.


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 
 


 






SB1955 Engrossed
- 3 -
LRB095 18716 NHT 44819 b




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

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

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.

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.

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 
 


 






SB1955 Engrossed
- 4 -
LRB095 18716 NHT 44819 b




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

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.

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 
 


 






SB1955 Engrossed
- 5 -
LRB095 18716 NHT 44819 b




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

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

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.

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 18-8.05


18
through 18-9 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 
 


 






SB1955 Engrossed
- 6 -
LRB095 18716 NHT 44819 b




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.

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

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.

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.

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

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,

25
within the meaning of Section 25 of this Act, and shall be 
26
payable from
the appropriation for the fiscal year which ended 
 


 






SB1955 Engrossed
- 7 -
LRB095 18716 NHT 44819 b




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.

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,

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.

14
(Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07.)

 
15
    Section 10. The School Code is amended  by changing Section 
16
18-11 as follows:
 


17
    (105 ILCS 5/18-11)  (from Ch. 122, par. 18-11)

18
    Sec. 18-11. Payment of claims. 

19
    (a) With respect to payments for each fiscal year before 
20
fiscal year 2009, except payments for the period of June 1982 
21
through July 1983 and payments for fiscal year 1994, as As soon 
22
as may
be after the 10th and 20th days of each of the months of 
23
August through the
following July, if moneys are available in 
24
the common school fund
in the State treasury for payments under 
 


 






SB1955 Engrossed
- 8 -
LRB095 18716 NHT 44819 b




1
Sections 18-8.05 through 18-9, the State
Comptroller shall draw 
2
his warrants upon the State Treasurer as directed by
the State 
3
Board of Education pursuant to Section 2-3.17b 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 1/24 of the total amount to be distributed to school

9
districts for the fiscal year.
The amount of payments made in 
10
July of each year shall be
considered as payments for claims 
11
covering the school year that commenced
during the immediately 
12
preceding calendar year.
If the payments provided for under 
13
Sections 18-8.05 through 18-9 have been
assigned as security 
14
for State aid anticipation certificates pursuant to
Section 
15
18-18, the State Board of Education shall pay the appropriate 
16
amount of
the payment, as specified in the notification 
17
required by Section 18-18,
directly to the assignee.

18
    (a-5) With respect to payments made under Sections 18-8.05 
19
through 18-10 of this Code for fiscal year 2009 and each fiscal 
20
year thereafter, as soon as may be after the 10th and 20th days 
21
of each of the months of August through the following June, if 
22
moneys are available in the Common School Fund in the State 
23
treasury for payments under Sections 18-8.05 through 18-10 of 
24
this Code, the State Comptroller shall draw his or her warrants 
25
upon the State Treasurer as directed by the State Board of 
26
Education pursuant to Section 2-3.17b of this Code and in 
 


 






SB1955 Engrossed
- 9 -
LRB095 18716 NHT 44819 b




1
accordance with the transfers from the General Revenue Fund to 
2
the Common School Fund as specified in Section 8a of the State 
3
Finance Act.
4
    Each such semimonthly warrant shall be in an amount equal 
5
to 1/22 of the total amount to be distributed to school 
6
districts for the fiscal year.  If the payments provided for 
7
under Sections 18-8.05 through 18-10 of this Code have been 
8
assigned as security for State aid anticipation certificates 
9
pursuant to Section 18-18 of this Code, then the State Board of 
10
Education shall pay the appropriate amount of the payment, as 
11
specified in the notification required by Section 18-18 of this 
12
Code, directly to the assignee.

13
    (b) (Blank).

14
    (c) (Blank).



15
(Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
 

16
    Section 99. Effective date. This Act takes effect July 1, 
17
2008.