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92_HB3673ham002
LRB9211036NTsbam
1 AMENDMENT TO HOUSE BILL 3673
2 AMENDMENT NO. . Amend House Bill 3673, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The School Code is amended by changing
6 Sections 18-9 and 18-12 as follows:
7 (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
8 Sec. 18-9. Requirement for special equalization and
9 Supplementary State aid in cases of bankruptcy.
10 (a) (Blank). Any school district claiming an
11 equalization quota may not increase its annual net cash
12 balance in the educational fund for the fiscal school year by
13 failing to expend for educational purposes the total of (1)
14 the general grant, (2) the equalization quota, and (3) the
15 amount determined by applying the qualifying rate to the
16 equalized assessed valuation of the district. Any district
17 which increases such annual net cash balance by failing to
18 expend the amount received from the sum of (1) the general
19 grant, (2) the equalization quota, and (3) the amount
20 determined by applying the qualifying rate to the equalized
21 assessed valuation of the district, shall have its next claim
22 for an equalization quota reduced in an amount equal to the
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1 difference between its expenditures for educational purposes
2 and that sum.
3 Current expenditures made in any district receiving a
4 special equalization quota and governed by a board of
5 directors must be approved in advance by the regional
6 superintendent.
7 If, as a result of tax objections based on inequities of
8 assessment, a final decision of any court, entered not more
9 than one year before or 3 years after August 26, 1963,
10 reduces the taxes received by the educational fund of a
11 school district, for any given year, in an amount equal to or
12 more than 3% of the total amount of taxes extended for
13 educational purposes of the district, that district may amend
14 its claim for equalization aid for that year by adding
15 thereto an amount determined by multiplying the deficiency in
16 tax receipts by a percentage computed by dividing the tax
17 rate required in Section 18-8 to receive an equalization
18 quota by the tax rate originally extended for educational
19 purposes. The amended claim including any additional monies
20 to which the district may be entitled shall be filed within
21 three years of the date of such decision and the additional
22 amount paid as supplementary state equalization aid.
23 (b) Any elementary, high school or unit district which
24 for the year 1971, as compared to the year 1970, has a
25 decrease of more than 40% in the value of all its taxable
26 property as equalized or assessed by the Department of
27 Revenue, shall be entitled to file a claim for supplementary
28 State aid with the Office of the State Superintendent of
29 Education. The amount of such aid shall be determined by
30 multiplying the amount of the decrease in the value of the
31 district's taxable property times the total of the 1972 tax
32 rates for school purposes less the sum of the district's
33 qualifying tax rates for educational and transportation
34 purposes extended by such district. Such claims shall be
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1 filed on forms prescribed by the Superintendent, and the
2 Superintendent upon receipt of such claims shall adjust the
3 claim of each such district in accordance with the provisions
4 of this Section.
5 Where property comprising an aggregate assessed valuation
6 equal to 3% or more of the total assessed valuation of all
7 taxable property in a school the district is owned by a
8 person or corporation who is the subject of bankruptcy
9 proceedings or has been adjudged a bankrupt and, as a result
10 thereof, has not paid taxes on that property for 2 or more
11 years, that district may amend its general State aid claim
12 (i) back to the inception of such bankruptcy, not to exceed 6
13 years, in which time such taxes were not paid and (ii) for
14 each succeeding year that such taxes remain unpaid, by adding
15 to that claim an amount determined by multiplying the
16 assessed valuation of the property on which taxes have not
17 been paid due to the bankruptcy by the tax rate required in
18 Section 18-8 to receive an equalization quota or after July
19 1, 1973, by the applicable district's operating tax rate used
20 in calculating the district's general State aid under
21 paragraph (3) of subsection (D) of Section 18-8.05 of this
22 Code for general state aid purposes. If at any time a
23 district which receives additional State aid under the
24 provisions of this Section paragraph receives tax revenue
25 from such property for the years that taxes were not paid,
26 its next claim for State aid shall be reduced in an amount
27 equal to the taxes paid on such property, not to exceed the
28 additional State aid received under the provisions of this
29 Section paragraph. The Such claims made under this Section
30 shall be filed on forms prescribed by the State
31 Superintendent of Education, and the State Superintendent
32 upon receipt of such claims shall adjust the claims claim of
33 each such district in accordance with the provisions of this
34 Section paragraph. The supplementary State aid for each
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1 succeeding year shall be paid beginning with the first
2 general State aid claim paid after the district has filed a
3 completed claim in accordance with this Section.
4 (Source: P.A. 81-1509.)
5 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
6 Sec. 18-12. Dates for filing State aid claims.) The
7 school board of each school district shall require teachers,
8 principals, or superintendents to furnish from records kept
9 by them such data as it needs in preparing and certifying
10 under oath or affirmation to the regional superintendent its
11 school district report of claims provided in Sections 18-8
12 through 18-10 on blanks to be provided by the State
13 Superintendent of Education. The district claim shall be
14 based on the latest available equalized assessed valuation
15 and tax rates, as provided in Section 18-8.05 18-8 and shall
16 use the average daily attendance as determined by the method
17 outlined in Section 18-8.05 18-8 and shall be certified and
18 filed with the regional superintendent by July 1. Failure to
19 so file by July 1 constitutes a forfeiture of the right to
20 receive payment by the State until such claim is filed and
21 vouchered for payment. The regional superintendent of
22 schools shall certify the county report of claims by July 15;
23 and the State Superintendent of Education shall voucher for
24 payment those claims to the State Comptroller as provided in
25 Section 18-11.
26 Except as otherwise provided in this Section, if any
27 school district fails to provide the minimum school term
28 specified in Section 10-19, the State aid claim for that year
29 shall be reduced by the State Superintendent of Education in
30 an amount equivalent to .56818% for each day less than the
31 number of days required by this Code Act. However,
32 If the State Superintendent of Education determines that
33 the such failure to provide the minimum school term was
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1 occasioned by an act or acts of God, or was occasioned by
2 conditions beyond the control of the school district which
3 posed a hazardous threat to the health and safety of pupils,
4 the State aid claim need not be reduced.
5 If the State Superintendent of Education determines that
6 the failure to provide the minimum school term was due to a
7 school being closed on or after September 11, 2001 for more
8 than one-half day of attendance due to a bioterrorism or
9 terrorism threat that was investigated by a law enforcement
10 agency, the State aid claim shall not be reduced.
11 If, during any school day, (i) a school district has
12 provided at least one clock hour of instruction but must
13 close the schools due to adverse weather conditions or due to
14 a condition beyond the control of the school district that
15 poses a hazardous threat to the health and safety of pupils
16 prior to providing the minimum hours of instruction required
17 for a full day of attendance, or (ii) the school district
18 must delay the start of the school day due to adverse weather
19 conditions and this delay prevents the district from
20 providing the minimum hours of instruction required for a
21 full day of attendance, the partial day of attendance may be
22 counted as a full day of attendance. The partial day of
23 attendance and the reasons therefor shall be certified in
24 writing within a month of the closing or delayed start by the
25 local school district superintendent to the Regional
26 Superintendent of Schools for forwarding to the State
27 Superintendent of Education for approval.
28 If a school building is ordered to be closed by the
29 school board, in consultation with a local emergency response
30 agency, due to a condition that poses a hazardous threat to
31 the health and safety of pupils, then the school district
32 shall have a grace period of 4 days in which the general
33 State aid claim shall not be reduced so that alternative
34 housing of the pupils may be located.
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1 No exception to the requirement of providing a minimum
2 school term may be approved by the State Superintendent of
3 Education pursuant to this Section unless a school district
4 has first used all emergency days provided for in its regular
5 calendar.
6 If the State Superintendent of Education declares that an
7 energy shortage exists during any part of the school year for
8 the State or a designated portion of the State, a district
9 may operate the school attendance centers within the district
10 4 days of the week during the time of the shortage by
11 extending each existing school day by one clock hour of
12 school work, and the State aid claim shall not be reduced,
13 nor shall the employees of that district suffer any reduction
14 in salary or benefits as a result thereof. A district may
15 operate all attendance centers on this revised schedule, or
16 may apply the schedule to selected attendance centers, taking
17 into consideration such factors as pupil transportation
18 schedules and patterns and sources of energy for individual
19 attendance centers.
20 No State aid claim may be filed for any district unless
21 the clerk or secretary of the school board executes and files
22 with the State Superintendent of Education, on forms
23 prescribed by the Superintendent, a sworn statement that the
24 district has complied with the requirements of Section
25 10-22.5 in regard to the nonsegregation of pupils on account
26 of color, creed, race, sex or nationality.
27 No State aid claim may be filed for any district unless
28 the clerk or secretary of the school board executes and files
29 with the State Superintendent of Education, on forms
30 prescribed by the Superintendent, a sworn statement that to
31 the best of his or her knowledge or belief the employing or
32 assigning personnel have complied with Section 24-4 in all
33 respects.
34 (Source: P.A. 90-98, eff. 7-11-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".