State of Illinois
92nd General Assembly
Legislation

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92_HB5785eng

 
HB5785 Engrossed                               LRB9212495BDdv

 1        AN ACT concerning townships.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Township  Code  is  amended  by  changing
 5    Section 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
 9    deemed necessary to be expended to provide general assistance
10    in  the  township  to  persons  needing  that  assistance  as
11    provided in the Illinois Public Aid Code,  including  persons
12    eligible   for   assistance   under   the  Military  Veterans
13    Assistance Act, where that duty is provided by law.  The  tax
14    for  each  fiscal year shall not be more than 0.10% of value,
15    or more than an amount approved at a  referendum  held  under
16    this  Section,  as equalized or assessed by the Department of
17    Revenue, and shall in no case exceed the amount needed in the
18    township for general assistance. The board may  decrease  the
19    maximum tax rate by ordinance.
20        (b)  Except  as otherwise provided in this subsection, if
21    the board desires to increase the maximum tax rate, it  shall
22    order  a  referendum  on  that  proposition  to be held at an
23    election in accordance with the general  election  law.   The
24    board  shall  certify  the proposition to the proper election
25    officials, who shall submit the proposition to the voters  at
26    an  election in accordance with the general election law.  If
27    a majority of the votes cast on the proposition is  in  favor
28    of  the proposition, the board may annually levy the tax at a
29    rate not exceeding the higher rate approved by the voters  at
30    the  election.  If,  however,  the  board  has  decreased the
31    maximum tax rate under subsection (a), then it  may,  at  any
 
HB5785 Engrossed            -2-                LRB9212495BDdv
 1    time  after  the  decrease, increase the maximum tax rate, by
 2    ordinance, to a rate less than or equal to  the  maximum  tax
 3    rate  immediately  prior to the board's ordinance to decrease
 4    the rate.
 5        (c)  If a city, village, or incorporated  town  having  a
 6    population   of  more  than  500,000  is  located  within  or
 7    partially within a township, then the entire  amount  of  the
 8    tax  levied  by  the  township  for  the purpose of providing
 9    general assistance  under  this  Section  on  property  lying
10    within  that  city,  village,  or incorporated town, less the
11    amount allowed for collecting the tax, shall be paid over  by
12    the  treasurer  of the township to the treasurer of the city,
13    village, or incorporated town to be appropriated and used  by
14    the  city,  village,  or incorporated town for the relief and
15    support of persons needing  general  assistance  residing  in
16    that  portion  of  the  city,  village,  or incorporated town
17    located within the township in accordance with  the  Illinois
18    Public Aid Code.
19        (d)  Any  taxes  levied  for general assistance before or
20    after this Section takes effect may  also  be  used  for  the
21    payment  of  warrants  issued  against and in anticipation of
22    those taxes and accrued interest on those  warrants  and  may
23    also   be   used  to  pay  the  cost  of  administering  that
24    assistance.
25        (e)  In any township  with  a  population  of  less  than
26    500,000  that  receives  no  State  funding  for  the general
27    assistance program  and  that  has  not  issued  anticipation
28    warrants  or otherwise borrowed monies for the administration
29    of the  general  assistance  program  during  the  township's
30    previous  3 fiscal years of operation, a one time transfer of
31    monies from the township's general  assistance  fund  may  be
32    made  to  the general township fund pursuant to action by the
33    township board.  This transfer may occur only to  the  extent
34    that the amount of monies remaining in the general assistance
 
HB5785 Engrossed            -3-                LRB9212495BDdv
 1    fund  after  the  transfer is equal to the greater of (i) the
 2    amount of the township's expenditures in the previous  fiscal
 3    year  for general assistance or (ii) an amount equal to 0.10%
 4    of the last  known  total  equalized  value  of  all  taxable
 5    property in the township.  The transfer shall be completed no
 6    later than the end of fiscal year 1992.  No township that has
 7    certified  a  new  levy or an increase in the levy under this
 8    Section during calendar year 1990 may transfer  monies  under
 9    this  subsection.  No  action on the transfer of monies under
10    this subsection shall be taken by the township  board  except
11    at a township board meeting. No monies transferred under this
12    subsection  shall  be  considered  in determining whether the
13    township qualifies for State funds to supplement local  funds
14    for  public  aid  purposes  under  Section  12-21.13  of  the
15    Illinois Public Aid Code.
16    (Source: P.A. 86-1379; 86-1480; 87-14; 87-895; 88-62.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

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