Rep. Robert Rita

Filed: 3/23/2004

 

 


 

 


 
09300HB6632ham001 LRB093 16562 NHT 48324 a

1
AMENDMENT TO HOUSE BILL 6632

2     AMENDMENT NO. ______. Amend House Bill 6632 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

09300HB6632ham001 - 2 - LRB093 16562 NHT 48324 a

1 Tax Code and Section 2-3.84 of this Code Act are complied with
2 in all respects.
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
10 limitation equalized assessed valuation that was used in
11 calculating the original claim.
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
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.
23 (Source: P.A. 88-555, eff. 7-27-94; 88-670, eff. 12-2-94;
24 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
 
25     (105 ILCS 5/2-3.84)  (from Ch. 122, par. 2-3.84)
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
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

 

 

09300HB6632ham001 - 3 - LRB093 16562 NHT 48324 a

1 utilized in the initial calculation.
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
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.
13 (Source: P.A. 88-670, eff. 12-2-94.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.".