Public Act 099-0248
 
SB1252 EnrolledLRB099 09872 AWJ 30085 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing Section
235-20 as follows:
 
    (60 ILCS 1/235-20)
    Sec. 235-20. General assistance tax.
    (a) The township board may raise money by taxation deemed
necessary to be expended to provide general assistance in the
township to persons needing that assistance as provided in the
Illinois Public Aid Code, including persons eligible for
assistance under the Military Veterans Assistance Act, where
that duty is provided by law. The tax for each fiscal year
shall not be more than 0.10% of value, or more than an amount
approved at a referendum held under this Section, as equalized
or assessed by the Department of Revenue, and shall in no case
exceed the amount needed in the township for general
assistance. The board may decrease the maximum tax rate by
ordinance.
    (b) Except as otherwise provided in this subsection, if the
board desires to increase the maximum tax rate, it shall order
a referendum on that proposition to be held at an election in
accordance with the general election law. The board shall
certify the proposition to the proper election officials, who
shall submit the proposition to the voters at an election in
accordance with the general election law. If a majority of the
votes cast on the proposition is in favor of the proposition,
the board may annually levy the tax at a rate not exceeding the
higher rate approved by the voters at the election. If,
however, the board has decreased the maximum tax rate under
subsection (a), then it may, at any time after the decrease,
increase the maximum tax rate, by ordinance, to a rate less
than or equal to the maximum tax rate immediately prior to the
board's ordinance to decrease the rate.
    (c) If a city, village, or incorporated town having a
population of more than 500,000 is located within or partially
within a township, then the entire amount of the tax levied by
the township for the purpose of providing general assistance
under this Section on property lying within that city, village,
or incorporated town, less the amount allowed for collecting
the tax, shall be paid over by the treasurer of the township to
the treasurer of the city, village, or incorporated town to be
appropriated and used by the city, village, or incorporated
town for the relief and support of persons needing general
assistance residing in that portion of the city, village, or
incorporated town located within the township in accordance
with the Illinois Public Aid Code.
    (d) Any taxes levied for general assistance before or after
this Section takes effect may also be used for the payment of
warrants issued against and in anticipation of those taxes and
accrued interest on those warrants and may also be used to pay
the cost of administering that assistance.
    (e) In any township with a population of less than 500,000
that receives no State funding for the general assistance
program and that has not issued anticipation warrants or
otherwise borrowed monies for the administration of the general
assistance program during the township's previous 3 fiscal
years of operation, a one time transfer of monies from the
township's general assistance fund may be made to the general
township fund pursuant to action by the township board. This
transfer may occur only to the extent that the amount of monies
remaining in the general assistance fund after the transfer is
equal to the greater of (i) the amount of the township's
expenditures in the previous fiscal year for general assistance
or (ii) an amount equal to either 0.10% of the last known total
equalized value of all taxable property in the township, or
100% of the highest amount levied for general assistance
purposes in any of the three previous fiscal years. The
transfer shall be completed no later than one year after the
effective date of this amendatory Act of the 92nd General
Assembly. No township that has certified a new levy or an
increase in the levy under this Section during calendar year
2002 may transfer monies under this subsection. No action on
the transfer of monies under this subsection shall be taken by
the township board except at a township board meeting. No
monies transferred under this subsection shall be considered in
determining whether the township qualifies for State funds to
supplement local funds for public aid purposes under Section
12-21.13 of the Illinois Public Aid Code.
    (e-5) The township board of Gray Township in White County
may approve by resolution or ordinance transfers of monies from
the township's general assistance fund to the general township
fund no later than one year after the effective date of this
amendatory Act of the 99th General Assembly if:
        (1) the township receives no State funding for the
    general assistance program;
        (2) the township has not issued anticipation warrants
    or otherwise borrowed monies for the administration of the
    general assistance program during the township's previous
    3 fiscal years of operation;
        (3) the amount of monies remaining in the general
    assistance fund after the transfer is equal to the greater
    of (i) the amount of the township's expenditures in the
    previous fiscal year for general assistance or (ii) an
    amount equal to either 0.10% of the last known total
    equalized value of all taxable property in the township, or
    100% of the highest amount levied for general assistance
    purposes in any of the three previous fiscal years; and
        (4) the township that has not certified a new levy or
    an increase in the levy under this Section during calendar
    year 2015.
No monies transferred under this subsection shall be considered
in determining whether the township qualifies for State funds
to supplement local funds for public aid purposes under Section
12-21.13 of the Illinois Public Aid Code.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Act takes effect January
1, 2016.