HB4220 102ND GENERAL ASSEMBLY

LRB102 21285 KTG 30396 b

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.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Open Meetings Act is amended by changing Section 1.02 as follows:

(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)

Sec. 1.02. For the purposes of this Act:

"Meeting" means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business or, for a 5-member public body, a quorum of the members of a public body held for the purpose of discussing public business.

Accordingly, for a 5-member public body, 3 members of the body constitute a quorum and the affirmative vote of 3 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required.

"Public body" includes all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" includes the Health Facilities and Services Review Board. "Public body" includes domestic not-for-profit corporations subject to the provisions of the General Not For Profit Corporation Act of 1986 that are associated with a township food pantry. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, an ethics commission acting under the State Officials and Employees Ethics Act, a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act, or the Illinois Independent Tax Tribunal.

(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)

Section 10. The General Not For Profit Corporation Act of 1986 is amended by adding Section 108.11 as follows:

(805 ILCS 105/108.11 new)

Sec. 108.11. Corporation associated with a township food pantry.

(a) Notwithstanding any provision of law to the contrary, within 120 days after the effective date of this amendatory Act of the 102nd General Assembly a corporation associated with a township food pantry shall adopt bylaws consistent with the following:

(1) The board of directors shall consist of 5 directors, who shall be the township supervisor and the township trustees.

(2) When the township supervisor or a township trustee leaves his or her office, he or she shall be automatically removed from the board of directors.

(3) When an individual becomes the township supervisor or a township trustee, he or she shall automatically become a member of the board of directors.

(4) The directors shall receive no compensation for services to the corporation as directors, officers, or otherwise.

(5) The township supervisor shall be the president and treasurer of the corporation.

(b) A corporation is associated with a township food pantry if it:

(1) is operated in whole or in part on township owned or rented property;

(2) includes the name of a township in its corporate name;

(3) is operated by township employees or by volunteers who are subject to the direction of township employees; or

(4) receives all or any portion of its funding under Section 9-15 of the Illinois Public Aid Code.

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