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| Public Act 095-0835 |
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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 | ||||
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 | ||||
Fund and Education
Assistance Fund.
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(a) Except as provided in subsection (b) of this
Section | ||||
and except as otherwise provided in this subsection (a) with
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respect to amounts transferred from the General Revenue Fund to | ||||
the Common
School Fund for distribution therefrom for the | ||||
benefit of the Teachers'
Retirement System of the State of | ||||
Illinois and the Public School Teachers'
Pension and Retirement | ||||
Fund of Chicago:
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(1) With respect to all school districts, for each | ||||
fiscal year before fiscal year 2009, other
than fiscal year | ||||
1994, on or before the eleventh and
twenty-first days of | ||||
each of the months of August through the following July,
at | ||||
a time or times designated by the Governor, the State | ||||
Treasurer
and the State Comptroller shall transfer from the | ||||
General Revenue
Fund to the Common School Fund and | ||||
Education Assistance Fund, as
appropriate, 1/24 or so much | ||||
thereof as may be
necessary of the amount appropriated to | ||
the State Board of Education for
distribution to all school | ||
districts from such Common School Fund and
Education | ||
Assistance Fund, for the
fiscal year, including interest on | ||
the School Fund proportionate for that
distribution for | ||
such year.
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(1.5) With respect to all school districts, for fiscal | ||
year 2009 and each fiscal year thereafter, on or before the | ||
11th and 21st days of each of the months of August through | ||
the following June, at a time or times designated by the | ||
Governor, the State Treasurer and the State Comptroller | ||
shall transfer from the General Revenue Fund to the Common | ||
School Fund and Education Assistance Fund, as appropriate, | ||
1/22 or so much thereof as may be necessary of the amount | ||
appropriated to the State Board of Education for | ||
distribution to all school districts from the Common School | ||
Fund and Education Assistance Fund, for the fiscal year, | ||
including interest on the Common School Fund proportionate | ||
for that distribution for that year.
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(2) With respect to all school districts, but for | ||
fiscal year 1994 only,
on the 11th day of August, 1993 and | ||
on or before the 11th and
21st days of each of the months | ||
of October, 1993 through July, 1994 at a time
or times | ||
designated by the Governor, the State Treasurer and the | ||
State
Comptroller shall transfer from the General Revenue | ||
Fund to the Common School
Fund 1/24 or so much thereof as | ||
may be necessary of the amount appropriated to
the State | ||
Board of Education for distribution to all school districts | ||
from such
Common School Fund, for fiscal year 1994, | ||
including interest on the School Fund
proportionate for | ||
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 | ||
Governor, the State
Treasurer and the State Comptroller | ||
shall transfer from the General Revenue
Fund to the Common | ||
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 | ||
distribution to all
school districts from the Common School | ||
Fund, for fiscal year 1994, including
interest | ||
proportionate for that distribution on the School Fund for | ||
such fiscal
year.
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The amounts of the payments made in July of each year, if | ||
required: (i) shall be
considered an outstanding liability as | ||
of the 30th day of June immediately
preceding those July | ||
payments, within the meaning of Section 25 of this Act;
(ii) | ||
shall be payable from the appropriation for the fiscal year | ||
that ended on
that 30th day of June; and (iii) shall be | ||
considered payments for claims
covering the school year that | ||
commenced during the immediately preceding
calendar year.
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Notwithstanding the foregoing provisions of this | ||
subsection, as soon
as may be after the 10th and 20th days of | ||
each of the months of August
through May, 1/24, and on or as | ||
soon as may be after the 10th and 20th days of June, 1/12 of the | ||
annual amount appropriated to the
State Board of Education for | ||
distribution and payment during that fiscal year
from the | ||
Common School Fund to and for the benefit of the Teachers' | ||
Retirement
System of the State of Illinois (until the end of | ||
State fiscal year 1995)
and the Public School Teachers' Pension | ||
and Retirement Fund of Chicago as
provided by the Illinois | ||
Pension Code and Section 18-7 of the School Code, or
so much | ||
thereof as may be necessary, shall be transferred by the State
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Treasurer and the State Comptroller from the General Revenue | ||
Fund to the Common
School Fund to permit semi-monthly payments | ||
from the Common School Fund to and
for the benefit of such | ||
teacher retirement systems as required by Section 18-7
of the | ||
School Code.
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Notwithstanding the other provisions of this Section, on or | ||
as soon as
may be after the 15th day of each month, beginning | ||
in July of 1995, 1/12
of the annual amount appropriated for | ||
that fiscal year from the Common School
Fund to the Teachers' | ||
Retirement System of the State of Illinois (other than
amounts | ||
appropriated under Section 1.1 of the State Pension Funds | ||
Continuing
Appropriation Act), or so much thereof as may be | ||
necessary, shall be
transferred by the State Treasurer and the | ||
State Comptroller from the General
Revenue Fund to the Common | ||
School Fund to permit monthly payments from the
Common School | ||
Fund to that retirement system in accordance with Section | ||
16-158
of the Illinois Pension Code and Section 18-7 of the | ||
School Code, except that
such transfers in fiscal year 2004 | ||
from the General Revenue Fund
to the Common School Fund for the | ||
benefit of the Teachers' Retirement System of
the State of | ||
Illinois shall be reduced in the aggregate by the State
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Comptroller and
State Treasurer to adjust for the amount | ||
transferred to the Teachers'
Retirement System of the State of | ||
Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
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appropriated to the Teachers' Retirement System of the State of | ||
Illinois under
Section 1.1 of the State Pension Funds | ||
Continuing Appropriation Act shall be
transferred by the State | ||
Treasurer and the State Comptroller from the General
Revenue | ||
Fund to the Common School Fund as necessary to provide for the | ||
payment
of vouchers drawn against those appropriations.
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The Governor may notify the State Treasurer and the State | ||
Comptroller to
transfer, at a time designated by the Governor, | ||
such additional amount as
may be necessary to effect advance | ||
distribution to school districts of amounts
that otherwise | ||
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 | ||
State Comptroller
shall thereupon transfer such additional | ||
amount. The aggregate amount
transferred from the General | ||
Revenue Fund to the Common School Fund in the
eleven months | ||
beginning August 1 of any fiscal year shall not be in excess
of | ||
the amount necessary for payment of claims certified by the | ||
State
Superintendent of Education pursuant to the | ||
appropriation of the Common
School Fund for that fiscal year. | ||
Notwithstanding the provisions of the
first paragraph in this | ||
section, no transfer to effect an advance
distribution shall be | ||
made in any month except on notification, as provided
above, by | ||
the Governor.
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The State Comptroller and State Treasurer shall transfer | ||
from the General
Revenue Fund to the Common School Fund and the | ||
Education Assistance Fund
such amounts as may be required to
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honor the vouchers presented by the State Board of Education | ||
pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the | ||
School Code.
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The State Comptroller shall report all transfers provided | ||
for in this Act
to the President of the Senate, Minority Leader | ||
of the Senate, Speaker of
the House, and Minority Leader of the | ||
House.
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(b) On or before the 11th and 21st days of each of the | ||
months of June,
1982 through July, 1983, at a time or times | ||
designated by the Governor,
the State Treasurer and the State | ||
Comptroller shall transfer from the General
Revenue Fund to the | ||
Common School Fund 1/24 or so much thereof as may be
necessary | ||
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 | ||
year, including
interest on the School Fund for such year. The | ||
amounts of the payments
in the months of July, 1982 and July, | ||
1983 shall be considered an outstanding
liability as of the | ||
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 | ||
payable from
the appropriation for the fiscal year which ended | ||
on such 30th day of June,
and such July payments shall be | ||
considered payments for claims covering
school years 1981-1982 | ||
and 1982-1983 respectively.
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In the event the Governor makes notification to effect | ||
advanced distribution
under the provisions of subsection (a) of | ||
this Section, the aggregate amount
transferred from the General | ||
Revenue Fund to the Common School Fund in the
12 months | ||
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 | ||
of claims
certified by the State Superintendent of Education | ||
pursuant to the
appropriation of the Common School Fund for the | ||
fiscal years commencing on
the first of July of the years 1981 | ||
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 | ||
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 | ||
fiscal year 2009, except payments for the period of June 1982 | ||
through July 1983 and payments for fiscal year 1994, as As soon | ||
as may
be after the 10th and 20th days of each of the months of | ||
August through the
following July, if moneys are available in | ||
the common school fund
in the State treasury for payments under | ||
Sections 18-8.05 through 18-9, the State
Comptroller shall draw | ||
his warrants upon the State Treasurer as directed by
the State | ||
Board of Education pursuant to Section 2-3.17b and
in | ||
accordance with the transfers from the General Revenue Fund to | ||
the
Common School Fund as specified in Section 8a of the State | ||
Finance Act.
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Each such semimonthly warrant shall
be in an amount equal | ||
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 | ||
July of each year shall be
considered as payments for claims | ||
covering the school year that commenced
during the immediately | ||
preceding calendar year.
If the payments provided for under | ||
Sections 18-8.05 through 18-9 have been
assigned as security | ||
for State aid anticipation certificates pursuant to
Section | ||
18-18, the State Board of Education shall pay the appropriate | ||
amount of
the payment, as specified in the notification | ||
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 | ||
through 18-10 of this Code for fiscal year 2009 and each fiscal | ||
year thereafter, as soon as may be after the 10th and 20th days | ||
of each of the months of August through the following June, if | ||
moneys are available in the Common School Fund in the State | ||
treasury for payments under Sections 18-8.05 through 18-10 of | ||
this Code, the State Comptroller shall draw his or her warrants | ||
upon the State Treasurer as directed by the State Board of | ||
Education pursuant to Section 2-3.17b of this Code and in | ||
accordance with the transfers from the General Revenue Fund to | ||
the Common School Fund as specified in Section 8a of the State | ||
Finance Act. | ||
Each such semimonthly warrant shall be in an amount equal | ||
to 1/22 of the total amount to be distributed to school | ||
districts for the fiscal year. If the payments provided for | ||
under Sections 18-8.05 through 18-10 of this Code have been | ||
assigned as security for State aid anticipation certificates | ||
pursuant to Section 18-18 of this Code, then the State Board of | ||
Education shall pay the appropriate amount of the payment, as | ||
specified in the notification required by Section 18-18 of this | ||
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, | ||
2008.
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