Rep. Robert W. Pritchard

Filed: 5/8/2015

 

 


 

 


 
09900SB1252ham002LRB099 09872 AWJ 35159 a

1
AMENDMENT TO SENATE BILL 1252

2    AMENDMENT NO. ______. Amend Senate Bill 1252 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Section 235-20 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

 

 

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1exceed the amount needed in the township for general
2assistance. The board may decrease the maximum tax rate by
3ordinance.
4    (b) Except as otherwise provided in this subsection, if the
5board desires to increase the maximum tax rate, it shall order
6a referendum on that proposition to be held at an election in
7accordance with the general election law. The board shall
8certify the proposition to the proper election officials, who
9shall submit the proposition to the voters at an election in
10accordance with the general election law. If a majority of the
11votes cast on the proposition is in favor of the proposition,
12the board may annually levy the tax at a rate not exceeding the
13higher rate approved by the voters at the election. If,
14however, the board has decreased the maximum tax rate under
15subsection (a), then it may, at any time after the decrease,
16increase the maximum tax rate, by ordinance, to a rate less
17than or equal to the maximum tax rate immediately prior to the
18board's ordinance to decrease the rate.
19    (c) If a city, village, or incorporated town having a
20population of more than 500,000 is located within or partially
21within a township, then the entire amount of the tax levied by
22the township for the purpose of providing general assistance
23under this Section on property lying within that city, village,
24or incorporated town, less the amount allowed for collecting
25the tax, shall be paid over by the treasurer of the township to
26the treasurer of the city, village, or incorporated town to be

 

 

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1appropriated and used by the city, village, or incorporated
2town for the relief and support of persons needing general
3assistance residing in that portion of the city, village, or
4incorporated town located within the township in accordance
5with the Illinois Public Aid Code.
6    (d) Any taxes levied for general assistance before or after
7this Section takes effect may also be used for the payment of
8warrants issued against and in anticipation of those taxes and
9accrued interest on those warrants and may also be used to pay
10the cost of administering that assistance.
11    (e) In any township with a population of less than 500,000
12that receives no State funding for the general assistance
13program and that has not issued anticipation warrants or
14otherwise borrowed monies for the administration of the general
15assistance program during the township's previous 3 fiscal
16years of operation, a one time transfer of monies from the
17township's general assistance fund may be made to the general
18township fund pursuant to action by the township board. This
19transfer may occur only to the extent that the amount of monies
20remaining in the general assistance fund after the transfer is
21equal to the greater of (i) the amount of the township's
22expenditures in the previous fiscal year for general assistance
23or (ii) an amount equal to either 0.10% of the last known total
24equalized value of all taxable property in the township, or
25100% of the highest amount levied for general assistance
26purposes in any of the three previous fiscal years. The

 

 

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1transfer shall be completed no later than one year after the
2effective date of this amendatory Act of the 92nd General
3Assembly. No township that has certified a new levy or an
4increase in the levy under this Section during calendar year
52002 may transfer monies under this subsection. No action on
6the transfer of monies under this subsection shall be taken by
7the township board except at a township board meeting. No
8monies transferred under this subsection shall be considered in
9determining whether the township qualifies for State funds to
10supplement local funds for public aid purposes under Section
1112-21.13 of the Illinois Public Aid Code.
12    (e-5) A township board of a township with a population of
13less than 500,000 may approve by resolution or ordinance
14transfers of monies from the township's general assistance fund
15to the general township fund no later than one year after the
16effective date of this amendatory Act of the 99th General
17Assembly if:
18        (1) the township receives no State funding for the
19    general assistance program;
20        (2) the township has not issued anticipation warrants
21    or otherwise borrowed monies for the administration of the
22    general assistance program during the township's previous
23    3 fiscal years of operation;
24        (3) the amount of monies remaining in the general
25    assistance fund after the transfer is equal to the greater
26    of (i) the amount of the township's expenditures in the

 

 

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1    previous fiscal year for general assistance or (ii) an
2    amount equal to either 0.10% of the last known total
3    equalized value of all taxable property in the township, or
4    100% of the highest amount levied for general assistance
5    purposes in any of the three previous fiscal years; and
6        (4) the township that has not certified a new levy or
7    an increase in the levy under this Section during calendar
8    year 2015.
9No monies transferred under this subsection shall be considered
10in determining whether the township qualifies for State funds
11to supplement local funds for public aid purposes under Section
1212-21.13 of the Illinois Public Aid Code.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2016.".