Full Text of HB4220 102nd General Assembly
HB4220 102ND GENERAL ASSEMBLY |
| | 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 | |
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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 |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Section 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 | 9 | | video or audio conference, telephone call, electronic means | 10 | | (such as, without limitation, electronic mail, electronic | 11 | | chat, and instant messaging), or other means of | 12 | | contemporaneous interactive communication, of a majority of a | 13 | | quorum of the members of a
public body held for the purpose of | 14 | | discussing public
business or, for a 5-member public body, a | 15 | | quorum of the members of a public body held for the purpose of | 16 | | discussing public business. | 17 | | Accordingly, for a 5-member public body, 3 members of the | 18 | | body constitute a quorum and the affirmative vote of 3 members | 19 | | is necessary to adopt any motion, resolution, or ordinance, | 20 | | unless a greater number is otherwise required.
| 21 | | "Public body" includes all legislative, executive, | 22 | | administrative or advisory
bodies of the State, counties, | 23 | | townships, cities, villages, incorporated
towns, school |
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| 1 | | districts and all other municipal corporations, boards, | 2 | | bureaus,
committees or commissions of this State, and any | 3 | | subsidiary bodies of any
of the foregoing including but not | 4 | | limited to committees and subcommittees
which are supported in | 5 | | whole or in part by tax revenue, or which expend tax
revenue, | 6 | | except the General Assembly and committees or commissions | 7 | | thereof.
"Public body" includes tourism boards and convention | 8 | | or civic center
boards located in counties that are contiguous | 9 | | to the Mississippi River with
populations of more than 250,000 | 10 | | but less than 300,000. "Public body"
includes the Health | 11 | | Facilities and Services Review Board. "Public body" includes | 12 | | domestic not-for-profit corporations subject to the provisions | 13 | | of the General Not For Profit Corporation Act of 1986 that are | 14 | | associated with a township food pantry. "Public body" does not
| 15 | | include a child death review team or the Illinois Child Death | 16 | | Review Teams
Executive Council established under
the Child | 17 | | Death Review Team Act, an ethics commission acting under the | 18 | | State Officials and
Employees Ethics Act, a regional youth | 19 | | advisory board or the Statewide Youth Advisory Board | 20 | | established under the Department of Children and Family | 21 | | Services Statewide Youth Advisory Board Act, or the Illinois | 22 | | Independent 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 | 25 | | 1986 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 | 3 | | pantry. | 4 | | (a) Notwithstanding any provision of law to the contrary, | 5 | | within 120 days after the effective date of this amendatory | 6 | | Act of the 102nd General Assembly a corporation associated | 7 | | with a township food pantry shall adopt bylaws consistent with | 8 | | the 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 | 24 | | pantry 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 | 9 | | becoming law.
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