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92nd General Assembly

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Public Act 92-0718

HB3812 Enrolled                                LRB9214376BDpr

    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.
    (b)  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.
    (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 either
0.10% of the last known total equalized value of all  taxable
property  in  the  township,  or  100%  of the highest amount
levied for general assistance purposes in any  of  the  three
previous  fiscal  years.   The transfer shall be completed no
later  than  one  year  after  the  effective  date  of  this
amendatory Act of the 92nd General Assembly 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
2002 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 May 15, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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