Rep. Robert Rita
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 6632
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2 | AMENDMENT NO. ______. Amend House Bill 6632 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing
Sections | ||||||
5 | 2-3.33 and 2-3.84 as follows:
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6 | (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
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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%.
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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
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22 | valuation of the district reported to the State Board of | ||||||
23 | Education by the
Department of Revenue under Section 18-8.05
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24 | 18-8 unless the
requirements of Section
16-15 of the Property |
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1 | Tax Code and Section 2-3.84 of this Code
Act are
complied with | ||||||
2 | in all respects.
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3 | This paragraph applies to all requests for recomputation of | ||||||
4 | a general
State aid claim received after June 30, 2003. In | ||||||
5 | recomputing a general
State aid claim that was originally | ||||||
6 | calculated using an extension
limitation equalized assessed | ||||||
7 | valuation under paragraph (3) of
subsection (G) of Section | ||||||
8 | 18-8.05 of this Code, a qualifying reduction in
equalized | ||||||
9 | assessed valuation shall be deducted from the extension
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10 | limitation equalized assessed valuation that was used in | ||||||
11 | calculating the
original claim.
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12 | From the total amount of general State aid to be provided | ||||||
13 | to
districts, adjustments as a result of recomputation under | ||||||
14 | this Section
together with adjustments under Section 2-3.84 | ||||||
15 | must not exceed $30
million, in the aggregate for all districts | ||||||
16 | under both Sections combined,
of the general State aid | ||||||
17 | appropriation in any fiscal year; if necessary,
amounts shall | ||||||
18 | be prorated among districts. If it is necessary to prorate
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19 | claims under this paragraph, then that portion of each prorated | ||||||
20 | claim that is
approved but not paid in the current fiscal year | ||||||
21 | may be resubmitted as a
valid claim in the following fiscal | ||||||
22 | year.
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23 | (Source: P.A. 88-555, eff. 7-27-94; 88-670, eff. 12-2-94;
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24 | 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
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25 | (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
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26 | Sec. 2-3.84. In calculating the amount of State aid to be | ||||||
27 | apportioned
to the various school districts in this State, the | ||||||
28 | State Board of Education
shall incorporate and deduct the total | ||||||
29 | aggregate adjustments to assessments
made by
the State Property | ||||||
30 | Tax Appeal Board or Cook County Board of Appeals , as
reported | ||||||
31 | pursuant to Section 16-15 of the Property Tax Code or Section
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32 | 129.1 of the Revenue Act of 1939 by the Department of Revenue , | ||||||
33 | from the
equalized assessed valuation that is otherwise to be |
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1 | utilized in
the initial calculation .
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2 | From the total amount of general State aid to be provided | ||||||
3 | to
districts, adjustments under this Section together with | ||||||
4 | adjustments as a
result of recomputation under Section 2-3.33 | ||||||
5 | must not exceed $30
million, in the aggregate for all districts | ||||||
6 | under both Sections combined,
of the general State aid | ||||||
7 | appropriation in any fiscal year; if necessary,
amounts shall | ||||||
8 | be prorated among districts. If it is necessary to prorate
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9 | claims under this paragraph, then that portion of each prorated | ||||||
10 | claim that is
approved but not paid in the current fiscal year | ||||||
11 | may be resubmitted as a
valid claim in the following fiscal | ||||||
12 | year.
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13 | (Source: P.A. 88-670, eff. 12-2-94.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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