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HB4522 Enrolled |
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LRB095 17707 NHT 43782 b |
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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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HB4522 Enrolled |
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LRB095 17707 NHT 43782 b |
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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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LRB095 17707 NHT 43782 b |
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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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LRB095 17707 NHT 43782 b |
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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 |
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| 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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LRB095 17707 NHT 43782 b |
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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 |
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| 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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HB4522 Enrolled |
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LRB095 17707 NHT 43782 b |
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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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LRB095 17707 NHT 43782 b |
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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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LRB095 17707 NHT 43782 b |
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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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HB4522 Enrolled |
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LRB095 17707 NHT 43782 b |
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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 1/22 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.
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