Illinois General Assembly - Full Text of Public Act 093-0845
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Public Act 093-0845


 

Public Act 0845 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0845
 
SB2349 Enrolled LRB093 18194 NHT 43889 b

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

Effective Date: 7/30/2004