HB4266eng 95TH GENERAL ASSEMBLY

HB4266 Engrossed LRB095 15005 NHT 40957 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.148 as follows:

(105 ILCS 5/2-3.148 new)

Sec. 2-3.148. Public Act 95-707; payment for lost interest due to delay in enactment.

(a) It is the intent of this Section to make whole, from State general revenue funds, all school districts that were negatively affected by delayed General State Aid payments under Section 18-8.05 of this Code due to the delayed enactment of Public Act 95-707.

(b) For the purpose of this Section, "school district" is defined as any entity that is eligible to receive General State Aid under Section 18-8.05 of this Code.

(c) The State Board of Education shall determine the total amount paid to school districts for General State Aid under Section 18-8.05 of this Code for Fiscal Year 2008 until the implementation of Public Act 95-707 and the amount school districts should have received if Public Act 95-707 had become law before the beginning of Fiscal Year 2008 for the same period of time. The State Board of Education shall then compute the difference between what school districts should have received compared to what they received and multiply positive results by 2.102%. School districts that received more funds in this period of time than they were entitled to receive under Public Act 95-707 for the same period of time are not eligible for any funds under this Section.

(d) Payments under this Section must be distributed to school districts for interest lost due to delayed General State Aid payments under Section 18-8.05 of this Code due to the delayed enactment of Public Act 95-707 and are subject to the appropriation of moneys for this purpose from the General Revenue Fund. If the appropriation is insufficient to meet all needs under this Section, then claims under this Section must be paid on a proportional basis.

(e) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.