Full Text of HB4522 95th General Assembly
HB4522 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4522
Introduced , by Rep. Robert W. Pritchard - Roger L. Eddy SYNOPSIS AS INTRODUCED: |
|
30 ILCS 105/8a | from Ch. 127, par. 144a |
105 ILCS 5/18-11 |
from Ch. 122, par. 18-11 |
|
Amends the State Finance Act and the School Code. Provides that on or before the 11th and 21st days of each of the months of August through the following June (instead of July), the State Treasurer and the State Comptroller shall transfer from the General Revenue Fund to the Common School Fund and Education Assistance Fund 1/22 (instead of 1/24) of the amount appropriated to the State Board of Education for distribution to all school districts from those Funds. With respect to payments from the Common School Fund, provides that as soon as may be after the 10th and 20th days of each of the months of August through the following June (instead of July), the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education in an amount equal to 1/22 (instead of 1/24) of the total amount to be distributed to school districts for the fiscal year. Effective July 1, 2008.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4522 |
|
LRB095 17707 NHT 43782 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8a as follows:
| 6 |
| (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
| 7 |
| Sec. 8a. Common School Fund; transfers to Common School | 8 |
| Fund and Education
Assistance Fund.
| 9 |
| (a) Except as provided in subsection (b) of this
Section | 10 |
| and except as otherwise provided in this subsection (a) with
| 11 |
| respect to amounts transferred from the General Revenue Fund to | 12 |
| the Common
School Fund for distribution therefrom for the | 13 |
| benefit of the Teachers'
Retirement System of the State of | 14 |
| Illinois and the Public School Teachers'
Pension and Retirement | 15 |
| Fund of Chicago:
| 16 |
| (1) With respect to all school districts, for each | 17 |
| fiscal year before fiscal year 2009, other
than fiscal year | 18 |
| 1994, on or before the eleventh and
twenty-first days of | 19 |
| each of the months of August through the following July,
at | 20 |
| a time or times designated by the Governor, the State | 21 |
| Treasurer
and the State Comptroller shall transfer from the | 22 |
| General Revenue
Fund to the Common School Fund and | 23 |
| Education Assistance Fund, as
appropriate, 1/24 or so much |
|
|
|
HB4522 |
- 2 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| thereof as may be
necessary of the amount appropriated to | 2 |
| the State Board of Education for
distribution to all school | 3 |
| districts from such Common School Fund and
Education | 4 |
| Assistance Fund, for the
fiscal year, including interest on | 5 |
| the School Fund proportionate for that
distribution for | 6 |
| such year.
| 7 |
| (1.5) With respect to all school districts, for fiscal | 8 |
| year 2009 and each fiscal year thereafter, on or before the | 9 |
| 11th and 21st days of each of the months of August through | 10 |
| the following June, at a time or times designated by the | 11 |
| Governor, the State Treasurer and the State Comptroller | 12 |
| shall transfer from the General Revenue Fund to the Common | 13 |
| School Fund and Education Assistance Fund, as appropriate, | 14 |
| 1/22 or so much thereof as may be necessary of the amount | 15 |
| appropriated to the State Board of Education for | 16 |
| distribution to all school districts from the Common School | 17 |
| Fund and Education Assistance Fund, for the fiscal year, | 18 |
| including interest on the Common School Fund proportionate | 19 |
| for that distribution for that year.
| 20 |
| (2) With respect to all school districts, but for | 21 |
| fiscal year 1994 only,
on the 11th day of August, 1993 and | 22 |
| on or before the 11th and
21st days of each of the months | 23 |
| of October, 1993 through July, 1994 at a time
or times | 24 |
| designated by the Governor, the State Treasurer and the | 25 |
| State
Comptroller shall transfer from the General Revenue | 26 |
| Fund to the Common School
Fund 1/24 or so much thereof as |
|
|
|
HB4522 |
- 3 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| may be necessary of the amount appropriated to
the State | 2 |
| Board of Education for distribution to all school districts | 3 |
| from such
Common School Fund, for fiscal year 1994, | 4 |
| including interest on the School Fund
proportionate for | 5 |
| that distribution for such year; and on or before the 21st
| 6 |
| day of August, 1993 at a time or times designated by the | 7 |
| Governor, the State
Treasurer and the State Comptroller | 8 |
| shall transfer from the General Revenue
Fund to the Common | 9 |
| School Fund 3/24 or so much thereof as may be necessary of
| 10 |
| the amount appropriated to the State Board of Education for | 11 |
| distribution to all
school districts from the Common School | 12 |
| Fund, for fiscal year 1994, including
interest | 13 |
| proportionate for that distribution on the School Fund for | 14 |
| such fiscal
year.
| 15 |
| The amounts of the payments made in July of each year , if | 16 |
| required : (i) shall be
considered an outstanding liability as | 17 |
| of the 30th day of June immediately
preceding those July | 18 |
| payments, within the meaning of Section 25 of this Act;
(ii) | 19 |
| shall be payable from the appropriation for the fiscal year | 20 |
| that ended on
that 30th day of June; and (iii) shall be | 21 |
| considered payments for claims
covering the school year that | 22 |
| commenced during the immediately preceding
calendar year.
| 23 |
| Notwithstanding the foregoing provisions of this | 24 |
| subsection, as soon
as may be after the 10th and 20th days of | 25 |
| each of the months of August
through May, 1/24, and on or as | 26 |
| soon as may be after the 10th and 20th days of June, 1/12 of the |
|
|
|
HB4522 |
- 4 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| annual amount appropriated to the
State Board of Education for | 2 |
| distribution and payment during that fiscal year
from the | 3 |
| Common School Fund to and for the benefit of the Teachers' | 4 |
| Retirement
System of the State of Illinois (until the end of | 5 |
| State fiscal year 1995)
and the Public School Teachers' Pension | 6 |
| and Retirement Fund of Chicago as
provided by the Illinois | 7 |
| Pension Code and Section 18-7 of the School Code, or
so much | 8 |
| thereof as may be necessary, shall be transferred by the State
| 9 |
| Treasurer and the State Comptroller from the General Revenue | 10 |
| Fund to the Common
School Fund to permit semi-monthly payments | 11 |
| from the Common School Fund to and
for the benefit of such | 12 |
| teacher retirement systems as required by Section 18-7
of the | 13 |
| School Code.
| 14 |
| Notwithstanding the other provisions of this Section, on or | 15 |
| as soon as
may be after the 15th day of each month, beginning | 16 |
| in July of 1995, 1/12
of the annual amount appropriated for | 17 |
| that fiscal year from the Common School
Fund to the Teachers' | 18 |
| Retirement System of the State of Illinois (other than
amounts | 19 |
| appropriated under Section 1.1 of the State Pension Funds | 20 |
| Continuing
Appropriation Act), or so much thereof as may be | 21 |
| necessary, shall be
transferred by the State Treasurer and the | 22 |
| State Comptroller from the General
Revenue Fund to the Common | 23 |
| School Fund to permit monthly payments from the
Common School | 24 |
| Fund to that retirement system in accordance with Section | 25 |
| 16-158
of the Illinois Pension Code and Section 18-7 of the | 26 |
| School Code, except that
such transfers in fiscal year 2004 |
|
|
|
HB4522 |
- 5 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| from the General Revenue Fund
to the Common School Fund for the | 2 |
| benefit of the Teachers' Retirement System of
the State of | 3 |
| Illinois shall be reduced in the aggregate by the State
| 4 |
| Comptroller and
State Treasurer to adjust for the amount | 5 |
| transferred to the Teachers'
Retirement System of the State of | 6 |
| Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
| 7 |
| appropriated to the Teachers' Retirement System of the State of | 8 |
| Illinois under
Section 1.1 of the State Pension Funds | 9 |
| Continuing Appropriation Act shall be
transferred by the State | 10 |
| Treasurer and the State Comptroller from the General
Revenue | 11 |
| Fund to the Common School Fund as necessary to provide for the | 12 |
| payment
of vouchers drawn against those appropriations.
| 13 |
| The Governor may notify the State Treasurer and the State | 14 |
| Comptroller to
transfer, at a time designated by the Governor, | 15 |
| such additional amount as
may be necessary to effect advance | 16 |
| distribution to school districts of amounts
that otherwise | 17 |
| would be payable in the next month pursuant to Sections 18-8.05
| 18 |
| through 18-9 of the School Code. The State Treasurer and the | 19 |
| State Comptroller
shall thereupon transfer such additional | 20 |
| amount. The aggregate amount
transferred from the General | 21 |
| Revenue Fund to the Common School Fund in the
eleven months | 22 |
| beginning August 1 of any fiscal year shall not be in excess
of | 23 |
| the amount necessary for payment of claims certified by the | 24 |
| State
Superintendent of Education pursuant to the | 25 |
| appropriation of the Common
School Fund for that fiscal year. | 26 |
| Notwithstanding the provisions of the
first paragraph in this |
|
|
|
HB4522 |
- 6 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| section, no transfer to effect an advance
distribution shall be | 2 |
| made in any month except on notification, as provided
above, by | 3 |
| the Governor.
| 4 |
| The State Comptroller and State Treasurer shall transfer | 5 |
| from the General
Revenue Fund to the Common School Fund and the | 6 |
| Education Assistance Fund
such amounts as may be required to
| 7 |
| honor the vouchers presented by the State Board of Education | 8 |
| pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the | 9 |
| School Code.
| 10 |
| The State Comptroller shall report all transfers provided | 11 |
| for in this Act
to the President of the Senate, Minority Leader | 12 |
| of the Senate, Speaker of
the House, and Minority Leader of the | 13 |
| House.
| 14 |
| (b) On or before the 11th and 21st days of each of the | 15 |
| months of June,
1982 through July, 1983, at a time or times | 16 |
| designated by the Governor,
the State Treasurer and the State | 17 |
| Comptroller shall transfer from the General
Revenue Fund to the | 18 |
| Common School Fund 1/24 or so much thereof as may be
necessary | 19 |
| of the amount appropriated to the State Board of Education for
| 20 |
| distribution from such Common School Fund, for that same fiscal | 21 |
| year, including
interest on the School Fund for such year. The | 22 |
| amounts of the payments
in the months of July, 1982 and July, | 23 |
| 1983 shall be considered an outstanding
liability as of the | 24 |
| 30th day of June immediately preceding such July payment,
| 25 |
| within the meaning of Section 25 of this Act, and shall be | 26 |
| payable from
the appropriation for the fiscal year which ended |
|
|
|
HB4522 |
- 7 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| on such 30th day of June,
and such July payments shall be | 2 |
| considered payments for claims covering
school years 1981-1982 | 3 |
| and 1982-1983 respectively.
| 4 |
| In the event the Governor makes notification to effect | 5 |
| advanced distribution
under the provisions of subsection (a) of | 6 |
| this Section, the aggregate amount
transferred from the General | 7 |
| Revenue Fund to the Common School Fund in the
12 months | 8 |
| beginning August 1, 1981 or the 12 months beginning August 1,
| 9 |
| 1982 shall not be in excess of the amount necessary for payment | 10 |
| of claims
certified by the State Superintendent of Education | 11 |
| pursuant to the
appropriation of the Common School Fund for the | 12 |
| fiscal years commencing on
the first of July of the years 1981 | 13 |
| and 1982.
| 14 |
| (Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07 .)
| 15 |
| Section 10. The School Code is amended by changing Section | 16 |
| 18-11 as follows:
| 17 |
| (105 ILCS 5/18-11) (from Ch. 122, par. 18-11)
| 18 |
| Sec. 18-11. Payment of claims.
| 19 |
| (a) With respect to payments for each fiscal year before | 20 |
| fiscal year 2009, except payments for the period of June 1982 | 21 |
| through July 1983 and payments for fiscal year 1994, as As soon | 22 |
| as may
be after the 10th and 20th days of each of the months of | 23 |
| August through the
following July , if moneys are available in | 24 |
| the common school fund
in the State treasury for payments under |
|
|
|
HB4522 |
- 8 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| Sections 18-8.05 through 18-9 , the State
Comptroller shall draw | 2 |
| his warrants upon the State Treasurer as directed by
the State | 3 |
| Board of Education pursuant to Section 2-3.17b and
in | 4 |
| accordance with the transfers from the General Revenue Fund to | 5 |
| the
Common School Fund as specified in Section 8a of the State | 6 |
| Finance Act.
| 7 |
| Each such semimonthly warrant shall
be in an amount equal | 8 |
| to 1/24 of the total amount to be distributed to school
| 9 |
| districts for the fiscal year.
The amount of payments made in | 10 |
| July of each year shall be
considered as payments for claims | 11 |
| covering the school year that commenced
during the immediately | 12 |
| preceding calendar year.
If the payments provided for under | 13 |
| Sections 18-8.05 through 18-9 have been
assigned as security | 14 |
| for State aid anticipation certificates pursuant to
Section | 15 |
| 18-18, the State Board of Education shall pay the appropriate | 16 |
| amount of
the payment, as specified in the notification | 17 |
| required by Section 18-18,
directly to the assignee.
| 18 |
| (a-5) With respect to payments made under Sections 18-8.05 | 19 |
| through 18-10 of this Code for fiscal year 2009 and each fiscal | 20 |
| year thereafter, as soon as may be after the 10th and 20th days | 21 |
| of each of the months of August through the following June, if | 22 |
| moneys are available in the Common School Fund in the State | 23 |
| treasury for payments under Sections 18-8.05 through 18-10 of | 24 |
| this Code, the State Comptroller shall draw his or her warrants | 25 |
| upon the State Treasurer as directed by the State Board of | 26 |
| Education pursuant to Section 2-3.17b of this Code and in |
|
|
|
HB4522 |
- 9 - |
LRB095 17707 NHT 43782 b |
|
| 1 |
| accordance with the transfers from the General Revenue Fund to | 2 |
| the Common School Fund as specified in Section 8a of the State | 3 |
| Finance Act. | 4 |
| Each such semimonthly warrant shall be in an amount equal | 5 |
| to 1/22 of the total amount to be distributed to school | 6 |
| districts for the fiscal year. If the payments provided for | 7 |
| under Sections 18-8.05 through 18-10 of this Code have been | 8 |
| assigned as security for State aid anticipation certificates | 9 |
| pursuant to Section 18-18 of this Code, then the State Board of | 10 |
| Education shall pay the appropriate amount of the payment, as | 11 |
| specified in the notification required by Section 18-18 of this | 12 |
| Code, directly to the assignee.
| 13 |
| (b) (Blank).
| 14 |
| (c) (Blank).
| 15 |
| (Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
| 16 |
| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2008.
|
|