(305 ILCS 5/12-21.10) (from Ch. 23, par. 12-21.10)
Sec. 12-21.10.
Default and misappropriation of funds; Removal of
supervisor; Conditions requiring appointment of interim supervisor.
If the Supervisor of General Assistance is a defaulter and in arrears
with the governmental unit, or has misused, misappropriated, or
converted to his own use or the use of any other person any of the funds
of the unit, or is guilty of any other misconduct in office, the
governing body of the governmental unit, and in the case of a township,
the board of town trustees, may remove him as Supervisor of General
Assistance and appoint a suitable person to be the supervisor therein;
provided, that for a township containing 4,000 inhabitants or more, upon
written request of the township supervisors, the board of town trustees
may appoint a Supervisor of General Assistance who is a resident of such
township, and fix his compensation and term of office, which shall not
exceed the term of the board.
If, as provided in Section 12-21.18, the Illinois Department has
ordered the withholding of State funds for failure of the governmental
unit to comply with the Department's rules and regulations, the
governing body of the governmental unit, and in the case of a township,
the board of town trustees, upon written order of the Illinois
Department shall appoint an Interim Supervisor of General Assistance,
acceptable to the Illinois Department, to serve as Supervisor of General
Assistance for the governmental unit until such time as the policies and
procedures of the unit are determined by the Department to be in
compliance with its rules. If, after a reasonable time as determined by
the Illinois Department, the governmental unit or agency to which such
order is directed fails to make an appointment, or appoints a person who
is not acceptable to the Illinois Department, the Public Aid Committee,
established under Section 11-8, of the county in which the governmental
unit is located, upon written order of the Illinois Department, shall
appoint an Interim Supervisor, which appointment shall be subject to the
approval of the Illinois Department.
The appointing authority shall fix the compensation of the Interim
Supervisor of General Assistance, subject to approval of the Illinois
Department, which shall be payable from the general assistance fund of
the local governmental unit.
An Interim Supervisor of General Assistance may be removed and
another person appointed in his place in the same manner and for the
same reasons as in the case of an initial appointment of an Interim
Supervisor.
The Illinois Department shall not order the appointment of an Interim
Supervisor of General Assistance if the local governmental unit takes
such action as the Department considers to have established satisfactory
compliance with its rules, and a reasonable time, to be determined by
the Department, shall be allowed the governmental unit to establish such
compliance.
If an Interim Supervisor of General Assistance has been appointed, he
shall exercise all the powers of that office in respect to the
administration of general assistance, and shall have the sole authority
to disburse State and local funds available for this purpose. If the
governmental unit thereafter takes such action to assure the Department
that it will comply with the Department's rules, the service of the
Interim Supervisor shall be terminated.
(Source: P.A. 92-111, eff. 1-1-02.)
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(305 ILCS 5/12-21.11) (from Ch. 23, par. 12-21.11)
Sec. 12-21.11.
Bonds.
Every Supervisor of General Assistance, including an Interim Supervisor
of General Assistance appointed as provided in Section 12-21.10, shall
execute to the governmental unit which he serves an official bond in a
penal sum and with sureties to be fixed and approved by the governing body
thereof, and, in the case of a township, as fixed and approved by the board
of town trustees, conditioned for the faithful discharge of his duties and
the due application of all funds and property which shall come to his hands
as such Supervisor. If the local governmental unit receives State funds in
accordance with the provisions of this Code, the amount and surety of the
bond shall be subject to the further approval of the Illinois Department.
(Source: P.A. 82-783.)
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(305 ILCS 5/12-21.12) (from Ch. 23, par. 12-21.12)
Sec. 12-21.12.
Actions against local governmental units - Intervention
of Attorney General. In any action against a local governmental unit to recover
expenditures alleged to be the responsibility of the governmental unit
under Article VI of this Code, the Supervisor of General
Assistance of such governmental unit shall notify the Illinois
Department of the filing of the action. If the governmental unit was a
recipient of State funds for public aid purposes during all or part of
the period of the expenditures for which the action is brought, or if,
as a result of the action, the governmental unit may qualify for and
request State funds, the Attorney General shall be permitted to
intervene and participate in the action in order to protect the State's
interest therein.
(Source: P.A. 81-1085.)
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(305 ILCS 5/12-21.13) (from Ch. 23, par. 12-21.13)
Sec. 12-21.13.
Local funds required to qualify for state aid.
To qualify
for State funds to supplement local funds for public aid purposes, a local
governmental unit shall, except as hereinafter provided, levy within the
time that such levy is authorized to be made a tax of an amount which, when
added to the unobligated balance available for such purposes at the close
of the fiscal year preceding the fiscal year for which the tax is levied
will equal .10% of the last known total equalized value of all taxable
property in the governmental unit.
In a county of less than 3 million population in which there is
created a County Veterans Assistance Commission, the county shall levy
for assistance to military veterans and their families, within the
time that such levy is authorized to be made, a tax of an amount which,
when added to the unobligated balance available for such purpose at the
close of the preceding fiscal year will equal .02% of the last known
assessed value of the taxable property in the county, or which will
equal .03% of such assessed value if such higher amount is authorized by
the electors of the county, as provided in Section 5-2006 of the Counties
Code.
If, however, at the latest date in the year on which the aforesaid
taxes are authorized to be levied there is in the unobligated balance of
the local governmental unit an amount equal to .10%, or .02% in the case
of Veterans' Assistance, of the last known total equalized value of all
taxable property in the governmental unit, then no tax need be levied in
that year in order for the local governmental unit to qualify for State
funds.
In determining the amount of the unobligated balance which is to be
applied in producing the required levy for receipt of State funds, or
which is to be applied in determining whether a tax levy is required,
there shall be deducted from the gross unobligated balance of funds
available at the close of the preceding fiscal year the total amount of
State funds allocated to the governmental unit during that year and the
total amount of any monies transferred to a township's general town fund
under Section 235-20 of the Township Code
during that year, and
only the remainder shall be considered in determining the amount of the
deficiency needed to produce an amount equal to the qualifying levy for
the current year.
(Source: P.A. 87-796; 88-670, eff. 12-2-94.)
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(305 ILCS 5/12-21.14) (from Ch. 23, par. 12-21.14)
Sec. 12-21.14.
Requirements; review by Illinois
Department; allocations. The County Board of each county or a duly
appointed committee thereof, or any other county agency designated by
the County Board, shall by the last day of each month submit to
the Illinois Department an itemized statement showing, for all local
governmental units therein except a city, village or incorporated town
of more than 500,000 population, assistance
furnished in the county under Article VI of this Code during the previous
month and the expenses for the administration thereof, and the actual
revenues available through taxation by the
local governmental
units. If the Illinois
Department has reason to believe that the amounts submitted by any
county are excessive, it may require appropriate officials of the county
to appear before it and substantiate the amounts to the satisfaction
of the Department.
The Illinois Department shall review these amounts and shall
determine and allocate to the several counties the amounts necessary to
supplement local funds actually available for public aid purposes. There
shall be a yearly reconciliation of amounts allocated to the local
governmental units by the Illinois Department to supplement local
funds.
If, because of circumstances beyond the local governmental unit's
control, such as a sudden caseload increase or an unexpected increase in
the administrative expenses, a local governmental unit has insufficient
local funds actually available to furnish assistance or pay administrative
expenses, the Illinois Department shall provide a special allocation of
funds to the local governmental unit to meet the need. In calculating the
need for a special allocation, the Illinois Department shall take into
consideration the amount of funds legally available from the taxes levied
by the local governmental unit for public aid purposes and any available
unobligated balances.
If a local governmental unit has not received State funds for public
aid purposes for at least 84 consecutive months immediately prior to its
request for State funds, the Illinois Department shall not consider as a
legally available resource of the governmental unit public aid funds, or
the proceeds of public aid taxes and tax anticipation warrants which may
have been transferred or expended during such period for other purposes.
Except as hereinafter provided, State allocations shall be paid to
the County Treasurer for disbursement to local governmental units as
certified by the Illinois Department. Until January 1, 1974, moneys
allocated by the Illinois Department for General Assistance purposes in
a city, village or incorporated town of more than 500,000 population and
moneys received from the Treasurer of the municipality from taxes levied
for General Assistance purposes in the municipality and other moneys and
funds designated in Section 11-43-2 of the Illinois Municipal Code shall
be paid into the special fund established by the County Treasurer of the
county in which the municipality is located and retained for
disbursement by the Director of the County Department of Public Aid
serving as Supervisor of General Assistance for the municipality.
On January 1, 1974, or as soon thereafter as is feasible but not
later than January 1, 1975, the County Treasurer shall transfer to the
Special Purposes Trust Fund (now known as the DHS Special Purposes Trust Fund) established by Section 12-10 of this Code
all State and municipal moneys remaining in or due to the special fund
of the County Treasury. After December 31, 1973, but not later than June
30, 1979, State allocations and municipal funds for General Assistance
purposes in such a municipality, and other moneys and funds designated
by Section 11-43-2 of the Illinois Municipal Code, shall be paid into
the Special Purposes Trust Fund (now known as the DHS Special Purposes Trust Fund) and disbursed as provided in Section
12-10. State and municipal moneys paid into the Special Purposes Trust
Fund (now known as the DHS Special Purposes Trust Fund) under the foregoing provision shall be used exclusively for (1)
furnishing General Assistance within the municipality; (2) the payment
of administrative costs; and (3) the payment of warrants issued against
and in anticipation of taxes levied by the municipality for General
Assistance purposes, and the accrued interest thereon. After June 30,
1979, moneys and funds designated by Section 11-43-2 of the Illinois
Municipal Code, shall be paid into the General Revenue Fund as
reimbursement for appropriated funds disbursed.
(Source: P.A. 99-933, eff. 1-27-17.)
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(305 ILCS 5/12-21.16) (from Ch. 23, par. 12-21.16)
Sec. 12-21.16.
Administrative costs.
In any local governmental unit receiving State funds, moneys expended
for costs of administration, exclusive of any compensation paid to the
Supervisor of General Assistance from funds other than public aid funds,
shall not exceed amounts which have been submitted to and approved by the
Illinois Department.
If a local governmental unit is a participating municipality in the
Illinois Municipal Retirement Fund created by Article 7 of the "Illinois
Pension Code", its estimate of administrative expenses may include amounts
required as contributions by the governmental unit in behalf of its
employees engaged in the administration of public aid for retirement
annuity purposes for current service rendered by such employees on and
after July 1, 1953, provided the governmental unit has levied a tax at a
rate not less than one-half the maximum rate authorized under Section 7-171
of the aforesaid Article.
Contributions for retirement annuity purposes of
employees of the County Department engaged in administration of General
Assistance for such a municipality shall be met from funds appropriated for
the State contribution to the State Employees Retirement System under
Article 14 of the "Illinois Pension Code".
The contributions of a governmental unit for retirement annuity purposes
which are authorized to be included in estimates of administrative expenses
shall include Social Security contributions for which the unit is obligated
under the Illinois Municipal Retirement Fund created by Article 7 of the
Illinois Pension Code, or if the governmental unit is not a participating
municipality in that Fund, the Social Security contributions for which it
is obligated pursuant to an agreement executed under Article 21 of the
Illinois Pension Code. In like manner, if the retirement fund established
under Article 9 of the Illinois Pension Code becomes obligated for Social
Security employer contributions, the estimated expenses of the County
Department may include the Social Security contributions together with the
regular contributions for which the county is obligated.
A local governmental unit receiving State funds may include in its
estimate of administrative expenses obligations assumed by it for insurance
premiums or charges for group life or health insurance, or both, for
employees of the local governmental unit, for any such employees who retire
or who had retired on or after January 1, 1966, and for dependents
receiving an annuity as survivors of such employees or retired employees if
the governmental unit has so acted under Section 3 of "An Act defining the
powers and duties of local governmental agencies to pay premiums and costs
or portions thereof, and to withhold parts of employee and elected or
appointed official compensation to provide insurance or retirement benefits
for employees and appointed or elected officials", approved August 16,
1963, as amended, or has so acted in exercise of its powers as a home rule
unit. The amount included for this purpose in the estimate of
administrative expenses shall not exceed the comparable insurance premiums
or charges per employee, retiree, or survivor currently paid by the State
of Illinois for State employees under the "State Employees Group Insurance
Act of 1971".
(Source: P.A. 78-1297.)
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