|
|||||||
| |||||||
| |||||||
1 | AN ACT regarding schools.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by changing
Sections | ||||||
5 | 2-3.33 and 2-3.84 as follows:
| ||||||
6 | (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
| ||||||
7 | Sec. 2-3.33. Recomputation of claims. To recompute within | ||||||
8 | 3 years from the
final date for filing of a claim any claim for | ||||||
9 | reimbursement to any school
district if the claim has been | ||||||
10 | found to be incorrect and to adjust subsequent
claims | ||||||
11 | accordingly, and to recompute and adjust any such claims within | ||||||
12 | 6 years
from the final date for filing when there has been an | ||||||
13 | adverse court or
administrative agency decision on
the merits | ||||||
14 | affecting the tax revenues of the school district. However, no | ||||||
15 | such
adjustment shall be made regarding equalized assessed | ||||||
16 | valuation unless the
district's equalized assessed valuation | ||||||
17 | is changed by greater than $250,000 or
2%.
| ||||||
18 | Except in the case of an adverse court or administrative | ||||||
19 | agency decision
no recomputation of a
State aid claim shall be | ||||||
20 | made pursuant to this Section as a result of a
reduction in the | ||||||
21 | assessed valuation of a school district from the assessed
| ||||||
22 | valuation of the district reported to the State Board of | ||||||
23 | Education by the
Department of Revenue under Section 18-8.05
| ||||||
24 | 18-8 unless the
requirements of Section
16-15 of the Property | ||||||
25 | Tax Code and Section 2-3.84 of this Code
Act are
complied with | ||||||
26 | in all respects.
| ||||||
27 | This paragraph applies to all requests for recomputation of | ||||||
28 | a general
State aid claim received after June 30, 2003. In | ||||||
29 | recomputing a general
State aid claim that was originally | ||||||
30 | calculated using an extension
limitation equalized assessed | ||||||
31 | valuation under paragraph (3) of
subsection (G) of Section | ||||||
32 | 18-8.05 of this Code, a qualifying reduction in
equalized |
| |||||||
| |||||||
1 | assessed valuation shall be deducted from the extension
| ||||||
2 | limitation equalized assessed valuation that was used in | ||||||
3 | calculating the
original claim.
| ||||||
4 | From the total amount of general State aid to be provided | ||||||
5 | to
districts, adjustments as a result of recomputation under | ||||||
6 | this Section
together with adjustments under Section 2-3.84 | ||||||
7 | must not exceed $25
million, in the aggregate for all districts | ||||||
8 | under both Sections combined,
of the general State aid | ||||||
9 | appropriation in any fiscal year; if necessary,
amounts shall | ||||||
10 | be prorated among districts. If it is necessary to prorate
| ||||||
11 | claims under this paragraph, then that portion of each prorated | ||||||
12 | claim that is
approved but not paid in the current fiscal year | ||||||
13 | may be resubmitted as a
valid claim in the following fiscal | ||||||
14 | year.
| ||||||
15 | (Source: P.A. 88-555, eff. 7-27-94; 88-670, eff. 12-2-94;
| ||||||
16 | 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
| ||||||
17 | (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
| ||||||
18 | Sec. 2-3.84. In calculating the amount of State aid to be | ||||||
19 | apportioned
to the various school districts in this State, the | ||||||
20 | State Board of Education
shall incorporate and deduct the total | ||||||
21 | aggregate adjustments to assessments
made by
the State Property | ||||||
22 | Tax Appeal Board or Cook County Board of Appeals , as
reported | ||||||
23 | pursuant to Section 16-15 of the Property Tax Code or Section
| ||||||
24 | 129.1 of the Revenue Act of 1939 by the Department of Revenue , | ||||||
25 | from the
equalized assessed valuation that is otherwise to be | ||||||
26 | utilized in
the initial calculation .
| ||||||
27 | From the total amount of general State aid to be provided | ||||||
28 | to
districts, adjustments under this Section together with | ||||||
29 | adjustments as a
result of recomputation under Section 2-3.33 | ||||||
30 | must not exceed $25
million, in the aggregate for all districts | ||||||
31 | under both Sections combined,
of the general State aid | ||||||
32 | appropriation in any fiscal year; if necessary,
amounts shall | ||||||
33 | be prorated among districts. If it is necessary to prorate
| ||||||
34 | claims under this paragraph, then that portion of each prorated | ||||||
35 | claim that is
approved but not paid in the current fiscal year |
| |||||||
| |||||||
1 | may be resubmitted as a
valid claim in the following fiscal | ||||||
2 | year.
| ||||||
3 | (Source: P.A. 88-670, eff. 12-2-94.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law. |