HB4522 Engrossed

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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 
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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 
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Fund and Education
Assistance Fund.

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

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respect to amounts transferred from the General Revenue Fund to 
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the Common
School Fund for distribution therefrom for the 
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benefit of the Teachers'
Retirement System of the State of 
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Illinois and the Public School Teachers'
Pension and Retirement 
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Fund of Chicago:


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        (1) With respect to all school districts, for each 
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    fiscal year before fiscal year 2009, other
than fiscal year 
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    1994, on or before the eleventh and
twenty-first days of 
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    each of the months of August through the following July,
at 
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    a time or times designated by the Governor, the State 
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    Treasurer
and the State Comptroller shall transfer from the 
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    General Revenue
Fund to the Common School Fund and 
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    Education Assistance Fund, as
appropriate, 1/24 or so much 
 


 






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    thereof as may be
necessary of the amount appropriated to 
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    the State Board of Education for
distribution to all school 
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    districts from such Common School Fund and
Education 
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    Assistance Fund, for the
fiscal year, including interest on 
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    the School Fund proportionate for that
distribution for 
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    such year.

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        (1.5)  With respect to all school districts, for fiscal 
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    year 2009 and each fiscal year thereafter, on or before the 
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    11th and 21st days of each of the months of August through 
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    the following June, at a time or times designated by the 
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    Governor, the State Treasurer and the State Comptroller 
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    shall transfer from the General Revenue Fund to the Common 
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    School Fund and Education Assistance Fund, as appropriate, 
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    1/22 or so much thereof as may be necessary of the amount 
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    appropriated to the State Board of Education for 
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    distribution to all school districts from the Common School 
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    Fund and Education Assistance Fund, for the fiscal year, 
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    including interest on the Common School Fund proportionate 
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    for that distribution for that year.


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        (2) With respect to all school districts, but for 
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    fiscal year 1994 only,
on the 11th day of August, 1993 and 
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    on or before the 11th and
21st days of each of the months 
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    of October, 1993 through July, 1994 at a time
or times 
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    designated by the Governor, the State Treasurer and the 
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    State
Comptroller shall transfer from the General Revenue 
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    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 
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    Board of Education for distribution to all school districts 
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    from such
Common School Fund, for fiscal year 1994, 
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    including interest on the School Fund
proportionate for 
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    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 
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    Governor, the State
Treasurer and the State Comptroller 
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    shall transfer from the General Revenue
Fund to the Common 
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    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 
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    distribution to all
school districts from the Common School 
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    Fund, for fiscal year 1994, including
interest 
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    proportionate for that distribution on the School Fund for 
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    such fiscal
year.

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    The amounts of the payments made in July of each year, if 
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required: (i) shall be
considered an outstanding liability as 
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of the 30th day of June immediately
preceding those July 
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payments, within the meaning of Section 25 of this Act;
(ii) 
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shall be payable from the appropriation for the fiscal year 
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that ended on
that 30th day of June; and (iii) shall be 
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considered payments for claims
covering the school year that 
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commenced during the immediately preceding
calendar year.

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    Notwithstanding the foregoing provisions of this 
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subsection, as soon
as may be after the 10th and 20th days of 
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each of the months of August
through May, 1/24, and on or as 
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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 
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distribution and payment during that fiscal year
from the 
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Common School Fund to and for the benefit of the Teachers' 
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Retirement
System of the State of Illinois (until the end of 
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State fiscal year 1995)
and the Public School Teachers' Pension 
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and Retirement Fund of Chicago as
provided by the Illinois 
7
Pension Code and Section 18-7 of the School Code, or
so much 
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thereof as may be necessary, shall be transferred by the State

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Treasurer and the State Comptroller from the General Revenue 
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Fund to the Common
School Fund to permit semi-monthly payments 
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from the Common School Fund to and
for the benefit of such 
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teacher retirement systems as required by Section 18-7
of the 
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School Code.

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    Notwithstanding the other provisions of this Section, on or 
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as soon as
may be after the 15th day of each month, beginning 
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in July of 1995, 1/12
of the annual amount appropriated for 
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that fiscal year from the Common School
Fund to the Teachers' 
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Retirement System of the State of Illinois (other than
amounts 
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appropriated under Section 1.1 of the State Pension Funds 
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Continuing
Appropriation Act), or so much thereof as may be 
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necessary, shall be
transferred by the State Treasurer and the 
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State Comptroller from the General
Revenue Fund to the Common 
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School Fund to permit monthly payments from the
Common School 
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Fund to that retirement system in accordance with Section 
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16-158
of the Illinois Pension Code and Section 18-7 of the 
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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 
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benefit of the Teachers' Retirement System of
the State of 
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Illinois shall be reduced in the aggregate by the State

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Comptroller and
State Treasurer to adjust for the amount 
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transferred to the Teachers'
Retirement System of the State of 
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Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts

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appropriated to the Teachers' Retirement System of the State of 
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Illinois under
Section 1.1 of the State Pension Funds 
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Continuing Appropriation Act shall be
transferred by the State 
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Treasurer and the State Comptroller from the General
Revenue 
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Fund to the Common School Fund as necessary to provide for the 
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payment
of vouchers drawn against those appropriations.

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    The Governor may notify the State Treasurer and the State 
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Comptroller to
transfer, at a time designated by the Governor, 
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such additional amount as
may be necessary to effect advance 
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distribution to school districts of amounts
that otherwise 
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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 
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State Comptroller
shall thereupon transfer such additional 
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amount. The aggregate amount
transferred from the General 
21
Revenue Fund to the Common School Fund in the
eleven months 
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beginning August 1 of any fiscal year shall not be in excess
of 
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the amount necessary for payment of claims certified by the 
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State
Superintendent of Education pursuant to the 
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appropriation of the Common
School Fund for that fiscal year. 
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Notwithstanding the provisions of the
first paragraph in this 
 


 






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section, no transfer to effect an advance
distribution shall be 
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made in any month except on notification, as provided
above, by 
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the Governor.

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    The State Comptroller and State Treasurer shall transfer 
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from the General
Revenue Fund to the Common School Fund and the 
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Education Assistance Fund
such amounts as may be required to

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honor the vouchers presented by the State Board of Education 
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pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the 
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School Code.

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    The State Comptroller shall report all transfers provided 
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for in this Act
to the President of the Senate, Minority Leader 
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of the Senate, Speaker of
the House, and Minority Leader of the 
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House.

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    (b) On or before the 11th and 21st days of each of the 
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months of June,
1982 through July, 1983, at a time or times 
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designated by the Governor,
the State Treasurer and the State 
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Comptroller shall transfer from the General
Revenue Fund to the 
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Common School Fund 1/24 or so much thereof as may be
necessary 
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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 
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year, including
interest on the School Fund for such year.  The 
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amounts of the payments
in the months of July, 1982 and July, 
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1983 shall be considered an outstanding
liability as of the 
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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 
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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 
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considered payments for claims covering
school years 1981-1982 
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and 1982-1983 respectively.

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    In the event the Governor makes notification to effect 
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advanced distribution
under the provisions of subsection (a) of 
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this Section, the aggregate amount
transferred from the General 
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Revenue Fund to the Common School Fund in the
12 months 
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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 
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of claims
certified by the State Superintendent of Education 
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pursuant to the
appropriation of the Common School Fund for the 
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fiscal years commencing on
the first of July of the years 1981 
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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 
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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 
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fiscal year 2009, except payments for the period of June 1982 
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through July 1983 and payments for fiscal year 1994, as As soon 
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as may
be after the 10th and 20th days of each of the months of 
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August through the
following July, if moneys are available in 
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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 
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his warrants upon the State Treasurer as directed by
the State 
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Board of Education pursuant to Section 2-3.17b and
in 
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accordance with the transfers from the General Revenue Fund to 
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the
Common School Fund as specified in Section 8a of the State 
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Finance Act.

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    Each such semimonthly warrant shall
be in an amount equal 
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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 
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July of each year shall be
considered as payments for claims 
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covering the school year that commenced
during the immediately 
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preceding calendar year.
If the payments provided for under 
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Sections 18-8.05 through 18-9 have been
assigned as security 
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for State aid anticipation certificates pursuant to
Section 
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18-18, the State Board of Education shall pay the appropriate 
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amount of
the payment, as specified in the notification 
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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 
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through 18-10 of this Code for fiscal year 2009 and each fiscal 
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year thereafter, as soon as may be after the 10th and 20th days 
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of each of the months of August through the following June, if 
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moneys are available in the Common School Fund in the State 
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treasury for payments under Sections 18-8.05 through 18-10 of 
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this Code, the State Comptroller shall draw his or her warrants 
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upon the State Treasurer as directed by the State Board of 
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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 
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the Common School Fund as specified in Section 8a of the State 
3
Finance Act.
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    Each such semimonthly warrant shall be in an amount equal 
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to 1/22 of the total amount to be distributed to school 
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districts for the fiscal year.  If the payments provided for 
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under Sections 18-8.05 through 18-10 of this Code have been 
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assigned as security for State aid anticipation certificates 
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pursuant to Section 18-18 of this Code, then the State Board of 
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Education shall pay the appropriate amount of the payment, as 
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specified in the notification required by Section 18-18 of this 
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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, 
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2008.