99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1252

 

Introduced 2/17/2015, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/235-20

    Amends the Township Code. Deletes the requirement that a township board must make a one-time transfer of monies from the township's general assistance fund to the general township fund within one year of August 21, 2007. Provides that no township that has certified a new general assistance levy or an increase in the levy in the previous calendar year (rather than during 2002) may transfer monies from the general assistance fund. Effective immediately


LRB099 09872 AWJ 30085 b

 

 

A BILL FOR

 

SB1252LRB099 09872 AWJ 30085 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing Section
5235-20 as follows:
 
6    (60 ILCS 1/235-20)
7    Sec. 235-20. General assistance tax.
8    (a) The township board may raise money by taxation deemed
9necessary to be expended to provide general assistance in the
10township to persons needing that assistance as provided in the
11Illinois Public Aid Code, including persons eligible for
12assistance under the Military Veterans Assistance Act, where
13that duty is provided by law. The tax for each fiscal year
14shall not be more than 0.10% of value, or more than an amount
15approved at a referendum held under this Section, as equalized
16or assessed by the Department of Revenue, and shall in no case
17exceed the amount needed in the township for general
18assistance. The board may decrease the maximum tax rate by
19ordinance.
20    (b) Except as otherwise provided in this subsection, if the
21board desires to increase the maximum tax rate, it shall order
22a referendum on that proposition to be held at an election in
23accordance with the general election law. The board shall

 

 

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1certify the proposition to the proper election officials, who
2shall submit the proposition to the voters at an election in
3accordance with the general election law. If a majority of the
4votes cast on the proposition is in favor of the proposition,
5the board may annually levy the tax at a rate not exceeding the
6higher rate approved by the voters at the election. If,
7however, the board has decreased the maximum tax rate under
8subsection (a), then it may, at any time after the decrease,
9increase the maximum tax rate, by ordinance, to a rate less
10than or equal to the maximum tax rate immediately prior to the
11board's ordinance to decrease the rate.
12    (c) If a city, village, or incorporated town having a
13population of more than 500,000 is located within or partially
14within a township, then the entire amount of the tax levied by
15the township for the purpose of providing general assistance
16under this Section on property lying within that city, village,
17or incorporated town, less the amount allowed for collecting
18the tax, shall be paid over by the treasurer of the township to
19the treasurer of the city, village, or incorporated town to be
20appropriated and used by the city, village, or incorporated
21town for the relief and support of persons needing general
22assistance residing in that portion of the city, village, or
23incorporated town located within the township in accordance
24with the Illinois Public Aid Code.
25    (d) Any taxes levied for general assistance before or after
26this Section takes effect may also be used for the payment of

 

 

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1warrants issued against and in anticipation of those taxes and
2accrued interest on those warrants and may also be used to pay
3the cost of administering that assistance.
4    (e) In any township with a population of less than 500,000
5that receives no State funding for the general assistance
6program and that has not issued anticipation warrants or
7otherwise borrowed monies for the administration of the general
8assistance program during the township's previous 3 fiscal
9years of operation, a one time transfer of monies from the
10township's general assistance fund may be made to the general
11township fund pursuant to action by the township board. This
12transfer may occur only to the extent that the amount of monies
13remaining in the general assistance fund after the transfer is
14equal to the greater of (i) the amount of the township's
15expenditures in the previous fiscal year for general assistance
16or (ii) an amount equal to either 0.10% of the last known total
17equalized value of all taxable property in the township, or
18100% of the highest amount levied for general assistance
19purposes in any of the three previous fiscal years. The
20transfer shall be completed no later than one year after the
21effective date of this amendatory Act of the 92nd General
22Assembly. No township that has certified a new levy or an
23increase in the levy under this Section during the previous
24calendar year 2002 may transfer monies under this subsection.
25No action on the transfer of monies under this subsection shall
26be taken by the township board except at a township board

 

 

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1meeting. No monies transferred under this subsection shall be
2considered in determining whether the township qualifies for
3State funds to supplement local funds for public aid purposes
4under Section 12-21.13 of the Illinois Public Aid Code.
5(Source: P.A. 95-331, eff. 8-21-07.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.