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Public Act 92-0558
HB5785 Enrolled LRB9212495BDdv
AN ACT concerning townships.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing
Section 235-20 as follows:
(60 ILCS 1/235-20)
Sec. 235-20. General assistance tax.
(a) The township board may raise money by taxation
deemed necessary to be expended to provide general assistance
in the township to persons needing that assistance as
provided in the Illinois Public Aid Code, including persons
eligible for assistance under the Military Veterans
Assistance Act, where that duty is provided by law. The tax
for each fiscal year shall not be more than 0.10% of value,
or more than an amount approved at a referendum held under
this Section, as equalized or assessed by the Department of
Revenue, and shall in no case exceed the amount needed in the
township for general assistance. The board may decrease the
maximum tax rate by ordinance.
(b) Except as otherwise provided in this subsection, if
the board desires to increase the maximum tax rate, it shall
order a referendum on that proposition to be held at an
election in accordance with the general election law. The
board shall certify the proposition to the proper election
officials, who shall submit the proposition to the voters at
an election in accordance with the general election law. If
a majority of the votes cast on the proposition is in favor
of the proposition, the board may annually levy the tax at a
rate not exceeding the higher rate approved by the voters at
the election. If, however, the board has decreased the
maximum tax rate under subsection (a), then it may, at any
time after the decrease, increase the maximum tax rate, by
ordinance, to a rate less than or equal to the maximum tax
rate immediately prior to the board's ordinance to decrease
the rate.
(c) If a city, village, or incorporated town having a
population of more than 500,000 is located within or
partially within a township, then the entire amount of the
tax levied by the township for the purpose of providing
general assistance under this Section on property lying
within that city, village, or incorporated town, less the
amount allowed for collecting the tax, shall be paid over by
the treasurer of the township to the treasurer of the city,
village, or incorporated town to be appropriated and used by
the city, village, or incorporated town for the relief and
support of persons needing general assistance residing in
that portion of the city, village, or incorporated town
located within the township in accordance with the Illinois
Public Aid Code.
(d) Any taxes levied for general assistance before or
after this Section takes effect may also be used for the
payment of warrants issued against and in anticipation of
those taxes and accrued interest on those warrants and may
also be used to pay the cost of administering that
assistance.
(e) In any township with a population of less than
500,000 that receives no State funding for the general
assistance program and that has not issued anticipation
warrants or otherwise borrowed monies for the administration
of the general assistance program during the township's
previous 3 fiscal years of operation, a one time transfer of
monies from the township's general assistance fund may be
made to the general township fund pursuant to action by the
township board. This transfer may occur only to the extent
that the amount of monies remaining in the general assistance
fund after the transfer is equal to the greater of (i) the
amount of the township's expenditures in the previous fiscal
year for general assistance or (ii) an amount equal to 0.10%
of the last known total equalized value of all taxable
property in the township. The transfer shall be completed no
later than the end of fiscal year 1992. No township that has
certified a new levy or an increase in the levy under this
Section during calendar year 1990 may transfer monies under
this subsection. No action on the transfer of monies under
this subsection shall be taken by the township board except
at a township board meeting. No monies transferred under this
subsection shall be considered in determining whether the
township qualifies for State funds to supplement local funds
for public aid purposes under Section 12-21.13 of the
Illinois Public Aid Code.
(Source: P.A. 86-1379; 86-1480; 87-14; 87-895; 88-62.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 18, 2002.
Approved June 24, 2002.
Effective June 24, 2002.
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