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| Public Act 099-0248 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section | ||||
235-20 as follows:
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(60 ILCS 1/235-20)
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Sec. 235-20. General assistance tax.
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(a) The township board may raise money by taxation deemed
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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.
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(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
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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,
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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.
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(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
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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.
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(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.
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(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
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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
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the township board except at a township board meeting. No
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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.
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(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.
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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.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2016.
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