Full Text of HB5440 103rd General Assembly
HB5440 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5440 Introduced 2/9/2024, by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: | | | Amends the Township Code. Provides that a township must expend at least 51% of the funds deposited into the general assistance fund in a calendar year by the following calendar year. Provides for elimination of the general assistance tax for one year if a township expends less than 51% of the funds deposited into the general assistance fund in a calendar year by the following calendar year. Provides for the reduction of the general assistance tax levy to 0.05% if a township expends at least 51% but less than 70% of the funds deposited into the general assistance fund in a calendar year by the following calendar year. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government. | 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 deemed | 9 | | necessary to be expended to provide general assistance in the | 10 | | township to persons needing that assistance as provided in the | 11 | | Illinois Public Aid Code, including persons eligible for | 12 | | assistance under the Military Veterans Assistance Act, where | 13 | | that duty is provided by law. The tax for each fiscal year | 14 | | shall not be more than 0.10% of value, or more than an amount | 15 | | approved at a referendum held under this Section, as equalized | 16 | | or assessed by the Department of Revenue, and shall in no case | 17 | | exceed the amount needed in the township for general | 18 | | assistance. The board may decrease the maximum tax rate by | 19 | | 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 |
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| 1 | | board shall certify the proposition to the proper election | 2 | | officials, who shall submit the proposition to the voters at | 3 | | an election in accordance with the general election law. If a | 4 | | majority of the votes cast on the proposition is in favor of | 5 | | the proposition, the board may annually levy the tax at a rate | 6 | | not exceeding the higher rate approved by the voters at the | 7 | | election. If, however, the board has decreased the maximum tax | 8 | | rate under subsection (a), then it may, at any time after the | 9 | | decrease, increase the maximum tax rate, by ordinance, to a | 10 | | rate less than or equal to the maximum tax rate immediately | 11 | | prior to the board's ordinance to decrease the rate. | 12 | | (c) If a city, village, or incorporated town having a | 13 | | population of more than 500,000 is located within or partially | 14 | | within a township, then the entire amount of the tax levied by | 15 | | the township for the purpose of providing general assistance | 16 | | under this Section on property lying within that city, | 17 | | village, or incorporated town, less the amount allowed for | 18 | | collecting the tax, shall be paid over by the treasurer of the | 19 | | township to the treasurer of the city, village, or | 20 | | incorporated town to be appropriated and used by the city, | 21 | | village, or incorporated town for the relief and support of | 22 | | persons needing general assistance residing in that portion of | 23 | | the city, village, or incorporated town located within the | 24 | | township in accordance with the Illinois Public Aid Code. | 25 | | (d) Any taxes levied for general assistance before or | 26 | | after this Section takes effect may also be used for the |
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| 1 | | payment of warrants issued against and in anticipation of | 2 | | those taxes and accrued interest on those warrants and may | 3 | | also be used to pay the cost of administering that assistance. | 4 | | (e) In any township with a population of less than 500,000 | 5 | | that receives no State funding for the general assistance | 6 | | program and that has not issued anticipation warrants or | 7 | | otherwise borrowed monies for the administration of the | 8 | | general assistance program during the township's previous 3 | 9 | | fiscal years of operation, a one time transfer of monies from | 10 | | the township's general assistance fund may be made to the | 11 | | general township fund pursuant to action by the township | 12 | | board. This transfer may occur only to the extent that the | 13 | | amount of monies remaining in the general assistance fund | 14 | | after the transfer is equal to the greater of (i) the amount of | 15 | | the township's expenditures in the previous fiscal year for | 16 | | general assistance or (ii) an amount equal to either 0.10% of | 17 | | the last known total equalized value of all taxable property | 18 | | in the township, or 100% of the highest amount levied for | 19 | | general assistance purposes in any of the three previous | 20 | | fiscal years. The transfer shall be completed no later than | 21 | | one year after the effective date of this amendatory Act of the | 22 | | 92nd General Assembly. No township that has certified a new | 23 | | levy or an increase in the levy under this Section during | 24 | | calendar year 2002 may transfer monies under this subsection. | 25 | | No action on the transfer of monies under this subsection | 26 | | shall be taken by the township board except at a township board |
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| 1 | | meeting. No monies transferred under this subsection shall be | 2 | | considered in determining whether the township qualifies for | 3 | | State funds to supplement local funds for public aid purposes | 4 | | under Section 12-21.13 of the Illinois Public Aid Code. | 5 | | (e-5) The township board of Gray Township in White County | 6 | | may approve by resolution or ordinance transfers of monies | 7 | | from the township's general assistance fund to the general | 8 | | township fund no later than one year after the effective date | 9 | | of this amendatory Act of the 99th General Assembly if: | 10 | | (1) the township receives no State funding for the | 11 | | general assistance program; | 12 | | (2) the township has not issued anticipation warrants | 13 | | or otherwise borrowed monies for the administration of the | 14 | | general assistance program during the township's previous | 15 | | 3 fiscal years of operation; | 16 | | (3) the amount of monies remaining in the general | 17 | | assistance fund after the transfer is equal to the greater | 18 | | of (i) the amount of the township's expenditures in the | 19 | | previous fiscal year for general assistance or (ii) an | 20 | | amount equal to either 0.10% of the last known total | 21 | | equalized value of all taxable property in the township, | 22 | | or 100% of the highest amount levied for general | 23 | | assistance purposes in any of the three previous fiscal | 24 | | years; and | 25 | | (4) the township that has not certified a new levy or | 26 | | an increase in the levy under this Section during calendar |
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| 1 | | year 2015. | 2 | | No monies transferred under this subsection shall be | 3 | | considered in determining whether the township qualifies for | 4 | | State funds to supplement local funds for public aid purposes | 5 | | under Section 12-21.13 of the Illinois Public Aid Code. | 6 | | (f) A township must expend at least 51% of the funds | 7 | | deposited into the general assistance fund in a calendar year | 8 | | by the following calendar year. | 9 | | If a township expends less than 51% of the funds deposited | 10 | | into the general assistance fund in a calendar year by the | 11 | | following calendar year, the general assistance tax levy is | 12 | | eliminated for the calendar year immediately following the | 13 | | calendar year in which the township was required to expend at | 14 | | least 51%. If a general assistance tax levy is eliminated | 15 | | under this paragraph, the treasurer of the township shall | 16 | | provide notice to the county clerk of the elimination. The | 17 | | general assistance tax levy shall be restored after the year | 18 | | it was eliminated to the same tax levy percentage as before the | 19 | | levy was eliminated under this paragraph. | 20 | | If a township expends at least 51% but less than 70% of the | 21 | | funds deposited into the general assistance fund in a calendar | 22 | | year by the following calendar year, the general assistance | 23 | | tax levy is reduced to 0.05% on January 1 if the general | 24 | | assistance tax levy is greater than 0.05%, notwithstanding any | 25 | | other provision of this Section. If a general assistance tax | 26 | | levy percentage is reduced under this paragraph, the treasurer |
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| 1 | | of the township shall provide notice to the county clerk of the | 2 | | reduction. A general assistance tax levy percentage reduced | 3 | | under this paragraph may be increased as otherwise provided in | 4 | | this Section, except that the levy will be reduced again or | 5 | | eliminated if the township does not meet the requirements of | 6 | | this subsection. | 7 | | (Source: P.A. 99-248, eff. 1-1-16 .) | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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