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Rep. Sidney H. Mathias
Filed: 4/16/2008
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09500HB4266ham002 |
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LRB095 15005 NHT 49608 a |
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| AMENDMENT TO HOUSE BILL 4266
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| AMENDMENT NO. ______. Amend House Bill 4266, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The School Code is amended by adding Section |
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| 2-3.148 as follows: |
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| (105 ILCS 5/2-3.148 new)
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| Sec. 2-3.148. Public Act 95-707; payment for lost interest |
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| due to delay in enactment. |
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| (a) It is the intent of this Section to make whole, from |
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| State general revenue funds, all school districts that were |
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| negatively affected by delayed General State Aid payments under |
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| Section 18-8.05 of this Code due to the delayed enactment of |
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| Public Act 95-707. |
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| (b) For the purpose of this Section, "school district" is |
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| defined as any entity that is eligible to receive General State |
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LRB095 15005 NHT 49608 a |
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| Aid under Section 18-8.05 of this Code. |
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| (c) The State Board of Education shall determine the total |
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| amount paid to school districts for General State Aid under |
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| Section 18-8.05 of this Code for Fiscal Year 2008 until the |
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| implementation of Public Act 95-707 and the amount school |
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| districts should have received if Public Act 95-707 had become |
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| law before the beginning of Fiscal Year 2008 for the same |
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| period of time. The State Board of Education shall then compute |
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| the difference between what school districts should have |
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| received compared to what they received and multiply positive |
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| results by 2.102%. School districts that received more funds in |
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| this period of time than they were entitled to receive under |
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| Public Act 95-707 for the same period of time are not eligible |
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| for any funds under this Section. |
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| (d) Payments under this Section must be distributed to |
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| school districts for interest lost due to delayed General State |
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| Aid payments under Section 18-8.05 of this Code due to the |
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| delayed enactment of Public Act 95-707 and are subject to the |
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| appropriation of moneys for this purpose from the General |
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| Revenue Fund. If the appropriation is insufficient to meet all |
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| needs under this Section, then claims under this Section must |
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| be paid on a proportional basis. |
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| (e) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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09500HB4266ham002 |
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LRB095 15005 NHT 49608 a |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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