HB4734 95TH GENERAL ASSEMBLY

LRB095 17712 NHT 43787 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4734

Introduced , by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.148 new

Amends the School Code. Requires the State Board of Education to survey all school districts that are partly or wholly contained within Cook County and that billed owners of real property in 2007, for tax year 2006, under the alternative general homestead exemption provisions of the Property Tax Code. Provides that the survey shall request each of these school districts to certify, by affidavit signed by the superintendent of the district, the losses suffered by the school district in certain areas. Requires the State Treasurer, by non-appropriated statutory transfer, to transfer to each school district, from general revenue funds, the amounts certified by the school district in its survey response, if that response has been certified by the State Board of Education. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.148 as follows:

(105 ILCS 5/2-3.148 new)

Sec. 2-3.148. Survey of losses; Public Act 95-644; transfer of funds.

(a) It is the intent of this Section to make whole, from State general revenue funds, all school districts that were negatively affected by the failure of this State to enact Public Act 95-644 in a timely manner, thereby leading to delays in the mailing out of property tax bills in counties where the alternative general homestead exemption is in effect and then leading to delays in the transfer of property tax collections to school districts, after these districts had in good faith promulgated tax extensions properly as provided by law.

(b) The State Board of Education shall survey all school districts that are partly or wholly contained within Cook County and that billed owners of real property in 2007, for tax year 2006, under the alternative general homestead exemption provisions of Section 15-176 of the Property Tax Code. The survey shall request each of these school districts to certify, by affidavit signed by the superintendent of the district, the losses suffered by the school district in each of the following areas:

(1) The moneys, if any, lost by the school district as a result of debt service expenses that the school district was forced to pay to cover the debts incurred by the school district because of delays in the receipt of their property tax extension consequent to delays in the passage of Public Act 95-644.

(2) The moneys, if any, lost by the school district as a result of foregone interest receipts that the school district did not receive because of delays in the receipt of their property tax extension consequent to delays in the passage of Public Act 95-644.

(3) The moneys, if any, lost by the school district as a result of financial transaction costs that the school district was forced to pay to float debt because of delays in the receipt of their property tax extension consequent to delays in the passage of Public Act 95-644.

(c) The State Board of Education is directed to transmit this survey to all applicable school districts within 30 days after the effective date of this amendatory Act of the 95th General Assembly. Each school district is directed to respond to this survey within 90 days after the effective date of this amendatory Act of the 95th General Assembly. All surveys to which a school district responds must be studied by the State Board of Education within 150 days after the effective date of this amendatory Act of the 95th General Assembly. If the State Board of Education finds that the response to a survey is accurate and in good faith, the State Board of Education shall certify it and transmit it to the State Treasurer. If the response to the survey is not accurate or in good faith, the State Board of Education shall return the survey to the school district with a finding in writing as to why the survey response was not certified.

(d) If a school district does not respond to this survey in a timely manner within the deadlines provided in this Section, the school district shall forfeit the right to payment under subsection (f) of this Section.

(e) School districts that are dissatisfied under this Section may seek administrative review from the State Board of Education under the procedures provided under the Illinois Administrative Procedure Act.

(f) The State Treasurer shall, by non-appropriated statutory transfer, transfer to each school district, from general revenue funds, the amounts certified by the school district in its survey response, if that response has been certified by the State Board of Education. All transfers under this subsection (f) must be completed within 180 days after the effective date of this amendatory Act of the 95th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.