Rep. Sidney H. Mathias
Filed: 4/16/2008
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1 | AMENDMENT TO HOUSE BILL 4266
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2 | AMENDMENT NO. ______. Amend House Bill 4266, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by adding Section | ||||||
6 | 2-3.148 as follows: | ||||||
7 | (105 ILCS 5/2-3.148 new)
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8 | Sec. 2-3.148. Public Act 95-707; payment for lost interest | ||||||
9 | due to delay in enactment. | ||||||
10 | (a) It is the intent of this Section to make whole, from | ||||||
11 | State general revenue funds, all school districts that were | ||||||
12 | negatively affected by delayed General State Aid payments under | ||||||
13 | Section 18-8.05 of this Code due to the delayed enactment of | ||||||
14 | Public Act 95-707. | ||||||
15 | (b) For the purpose of this Section, "school district" is | ||||||
16 | defined as any entity that is eligible to receive General State |
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1 | Aid under Section 18-8.05 of this Code. | ||||||
2 | (c) The State Board of Education shall determine the total | ||||||
3 | amount paid to school districts for General State Aid under | ||||||
4 | Section 18-8.05 of this Code for Fiscal Year 2008 until the | ||||||
5 | implementation of Public Act 95-707 and the amount school | ||||||
6 | districts should have received if Public Act 95-707 had become | ||||||
7 | law before the beginning of Fiscal Year 2008 for the same | ||||||
8 | period of time. The State Board of Education shall then compute | ||||||
9 | the difference between what school districts should have | ||||||
10 | received compared to what they received and multiply positive | ||||||
11 | results by 2.102%. School districts that received more funds in | ||||||
12 | this period of time than they were entitled to receive under | ||||||
13 | Public Act 95-707 for the same period of time are not eligible | ||||||
14 | for any funds under this Section. | ||||||
15 | (d) Payments under this Section must be distributed to | ||||||
16 | school districts for interest lost due to delayed General State | ||||||
17 | Aid payments under Section 18-8.05 of this Code due to the | ||||||
18 | delayed enactment of Public Act 95-707 and are subject to the | ||||||
19 | appropriation of moneys for this purpose from the General | ||||||
20 | Revenue Fund. If the appropriation is insufficient to meet all | ||||||
21 | needs under this Section, then claims under this Section must | ||||||
22 | be paid on a proportional basis. | ||||||
23 | (e) Notwithstanding any other rulemaking authority that | ||||||
24 | may exist, neither the Governor nor any agency or agency head | ||||||
25 | under the jurisdiction of the Governor has any authority to | ||||||
26 | make or promulgate rules to implement or enforce the provisions |
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1 | of this amendatory Act of the 95th General Assembly. If, | ||||||
2 | however, the Governor believes that rules are necessary to | ||||||
3 | implement or enforce the provisions of this amendatory Act of | ||||||
4 | the 95th General Assembly, the Governor may suggest rules to | ||||||
5 | the General Assembly by filing them with the Clerk of the House | ||||||
6 | and the Secretary of the Senate and by requesting that the | ||||||
7 | General Assembly authorize such rulemaking by law, enact those | ||||||
8 | suggested rules into law, or take any other appropriate action | ||||||
9 | in the General Assembly's discretion. Nothing contained in this | ||||||
10 | amendatory Act of the 95th General Assembly shall be | ||||||
11 | interpreted to grant rulemaking authority under any other | ||||||
12 | Illinois statute where such authority is not otherwise | ||||||
13 | explicitly given. For the purposes of this amendatory Act of | ||||||
14 | the 95th General Assembly, "rules" is given the meaning | ||||||
15 | contained in Section 1-70 of the Illinois Administrative | ||||||
16 | Procedure Act, and "agency" and "agency head" are given the | ||||||
17 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
18 | Administrative Procedure Act to the extent that such | ||||||
19 | definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor.
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21 |
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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