Illinois General Assembly - Full Text of HB4938
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Full Text of HB4938  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Edgar Gonzalez, Jr.


60 ILCS 1/85-70 new
65 ILCS 5/11-20-17 new
30 ILCS 805/8.46 new

    Amends the Township Code and Illinois Municipal Code. Provides that a warming center shall be established and maintained in each township and municipality with a population over 5,000, except in a township and municipality coterminous or substantially coterminous, where one warming center may be established and maintained jointly. Limits municipal home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

LRB102 25057 AWJ 34316 b






HB4938LRB102 25057 AWJ 34316 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 adding Section
585-70 as follows:
6    (60 ILCS 1/85-70 new)
7    Sec. 85-70. Warming centers.
8    (a) In a township with a population over 5,000, the board
9of trustees shall establish and the township maintain a
10warming center. The warming center must be a structure
11completely enclosed to the elements and that must keep those
12who are inside reasonably warm.
13    (b) In a township coterminous or substantially coterminous
14with a municipality, the board of trustees and city council of
15a municipality may establish and maintain one warming center
16jointly on terms agreed upon by the board of trustees and city
18    Section 10. The Illinois Municipal Code is amended by
19adding Section 11-20-17 as follows:
20    (65 ILCS 5/11-20-17 new)
21    Sec. 11-20-17. Warming centers.



HB4938- 2 -LRB102 25057 AWJ 34316 b

1    (a) In municipalities with a population over 5,000, the
2city council shall establish and the municipality maintain a
3warming center. The warming center must be a structure
4completely enclosed to the elements and that must keep those
5who are inside reasonably warm.
6    (b) In a municipality coterminous or substantially
7coterminous with a township, the city council and board of
8trustees of the township may establish and maintain one
9warming center jointly on terms agreed upon by the board of
10trustees and city council.
11    (c) A home rule municipality may not establish or regulate
12warming centers in a manner inconsistent with this Section.
13This Section is a limitation under subsection (i) of Section 6
14of Article VII of the Illinois Constitution on the concurrent
15exercise by home rule units of powers and functions exercised
16by the State.
17    Section 90. The State Mandates Act is amended by adding
18Section 8.46 as follows:
19    (30 ILCS 805/8.46 new)
20    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
218 of this Act, no reimbursement by the State is required for
22the implementation of any mandate created by this amendatory
23Act of the 102nd General Assembly.