Full Text of HB4522 95th General Assembly
HB4522enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8a as follows:
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| (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
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| Sec. 8a. Common School Fund; transfers to Common School | 8 |
| Fund and Education
Assistance Fund.
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| (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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| 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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| (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 |
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| 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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| (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.
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| (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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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
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| 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 |
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| 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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| 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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| 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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| 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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| (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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| 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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| 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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| 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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| 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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| 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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| (Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07 .)
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| Section 10. The School Code is amended by changing Section | 16 |
| 18-11 as follows:
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| (105 ILCS 5/18-11) (from Ch. 122, par. 18-11)
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| Sec. 18-11. Payment of claims.
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| (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 |
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| 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.
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| Each such semimonthly warrant shall
be in an amount equal | 8 |
| to 1/24 of the total amount to be distributed to school
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| 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.
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| (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 |
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| 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.
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| (b) (Blank).
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| (c) (Blank).
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| (Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
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| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2008.
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