102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4220

 

Introduced 1/5/2022, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.02  from Ch. 102, par. 41.02
805 ILCS 105/108.11 new

    Amends the General Not For Profit Corporation Act of 1986. Requires a corporation associated with a township food pantry to adopt, within 120 days after the effective date of the amendatory Act, bylaws that provide the following: (1) that the board of directors shall consist of 5 directors who shall be the township supervisor and the township trustees; (2) that the township supervisor or a township trustee shall be automatically removed from the board of directors when he or she leaves his or her office; (3) that an individual who becomes the township supervisor or a township trustee shall automatically become a member of the board of directors; (4) that the directors shall receive no compensation for services to the corporation as directors, officers, or otherwise; and (5) that the township supervisor shall be the president and treasurer of the corporation. Sets forth criteria for determining when a corporation is associated with a township food pantry. Amends the Open Meetings Act. Expands the definition of "public body" to include domestic not-for-profit corporations that are associated with a township food pantry. Effective immediately.


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A BILL FOR

 

HB4220LRB102 21285 KTG 30396 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 1.02 as follows:
 
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Meeting" means any gathering, whether in person or by
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of
12contemporaneous interactive communication, of a majority of a
13quorum of the members of a public body held for the purpose of
14discussing public business or, for a 5-member public body, a
15quorum of the members of a public body held for the purpose of
16discussing public business.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school

 

 

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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards and convention
8or civic center boards located in counties that are contiguous
9to the Mississippi River with populations of more than 250,000
10but less than 300,000. "Public body" includes the Health
11Facilities and Services Review Board. "Public body" includes
12domestic not-for-profit corporations subject to the provisions
13of the General Not For Profit Corporation Act of 1986 that are
14associated with a township food pantry. "Public body" does not
15include a child death review team or the Illinois Child Death
16Review Teams Executive Council established under the Child
17Death Review Team Act, an ethics commission acting under the
18State Officials and Employees Ethics Act, a regional youth
19advisory board or the Statewide Youth Advisory Board
20established under the Department of Children and Family
21Services Statewide Youth Advisory Board Act, or the Illinois
22Independent Tax Tribunal.
23(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
 
24    Section 10. The General Not For Profit Corporation Act of
251986 is amended by adding Section 108.11 as follows:
 

 

 

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1    (805 ILCS 105/108.11 new)
2    Sec. 108.11. Corporation associated with a township food
3pantry.
4    (a) Notwithstanding any provision of law to the contrary,
5within 120 days after the effective date of this amendatory
6Act of the 102nd General Assembly a corporation associated
7with a township food pantry shall adopt bylaws consistent with
8the following:
9        (1) The board of directors shall consist of 5
10    directors, who shall be the township supervisor and the
11    township trustees.
12        (2) When the township supervisor or a township trustee
13    leaves his or her office, he or she shall be automatically
14    removed from the board of directors.
15        (3) When an individual becomes the township supervisor
16    or a township trustee, he or she shall automatically
17    become a member of the board of directors.
18        (4) The directors shall receive no compensation for
19    services to the corporation as directors, officers, or
20    otherwise.
21        (5) The township supervisor shall be the president and
22    treasurer of the corporation.
23    (b) A corporation is associated with a township food
24pantry if it:
25        (1) is operated in whole or in part on township owned

 

 

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1    or rented property;
2        (2) includes the name of a township in its corporate
3    name;
4        (3) is operated by township employees or by volunteers
5    who are subject to the direction of township employees; or
6        (4) receives all or any portion of its funding under
7    Section 9-15 of the Illinois Public Aid Code.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.