HB5812 103RD GENERAL ASSEMBLY

LRB103 40223 RPS 72141 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5812

Introduced 4/12/2024, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

40 ILCS 5/22B-117
40 ILCS 5/22C-117

Amends the Police Officers' Pension Investment Fund and the Firefighters' Investment Fund Articles of the Illinois Pension Code. Provides that meetings of committees of the board may be conducted by audio or video conference, without the physical presence of a quorum of the members if the chairperson of the board determines that an in-person meeting would pose a risk to the health or safety of members of the board or the public and that conducting a meeting by an audio or video conference is in the best interest of the board and the public. Sets forth provisions concerning notice, public participation, voting, verbatim records, and costs.

A BILL FOR

AN ACT concerning public employee benefits.

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

Section 5. The Illinois Pension Code is amended by changing Sections 22B-117 and 22C-117 as follows:

(40 ILCS 5/22B-117)

Sec. 22B-117. Meetings of the board.

(a) The transition board and the permanent board shall each meet at least quarterly and otherwise upon written request of either the Chairperson or 3 other members. The Chairperson shall preside over meetings of the board. The executive director and personnel of the board shall prepare agendas and materials and required postings for meetings of the board.

(b) Six members of the board shall constitute a quorum.

(c) All actions taken by the transition board and the permanent board shall require a vote of least 5 trustees, except that the following shall require a vote of at least 6 trustees: the adoption of actuarial assumptions; the selection of the chief investment officer, fiduciary counsel, or a consultant as defined under Section 1-101.5 of this Code; the adoption of rules for the conduct of election of trustees; and the adoption of asset allocation policies and investment policies.

(d) Subject to the requirements of Section 2.06 of the Open Meetings Act but notwithstanding any other provision of law, meetings of committees of the board may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:

(1) The chairperson of the board determines that an in-person meeting would pose a risk to the health or safety of members of the board or the public and that conducting a meeting by an audio or video conference is in the best interest of the board and the public, and the public notice of any meeting given under this paragraph (1) states the reason or reasons for such determination.

(2) All members of the board participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony.

(3) For open meetings, members of the public present at the meeting location of the committee of the board can hear all discussion and testimony and all votes of the members of the committee of the board, or the committee of the board makes arrangements and provides notice pursuant to this subsection (d) of such arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link, and to provide a method and notice by which members of the public may provide public comment or address the committee of the board as authorized by subsection (g) of Section 2.06 of the Open Meetings Act, such as by telephone or web-based link, or by email or written comment to be read aloud at the meeting, consistent with the board's established and recorded rules for public comment, and to be included in the meeting record.

(4) At least one member of the board, its legal counsel, or an administrative officer of the board is physically present at the meeting location.

(5) All votes are conducted by roll call, and each member's vote on each issue is identified and recorded.

(6) Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this Section. Notice shall be given to all members of the board, shall be posted in compliance with subsection (a) of Section 2.02 of the Open Meetings Act, and shall also be provided to any news media that has requested notice of meetings pursuant to subsection (a) of Section 2.02 of the Open Meetings Act. The meeting notice and agenda shall include the following: (i) all information necessary for the public to access the audio or video conference, including, but not limited to, the telephone number, web-based link, meeting identification number, passcode, or other method to obtain access; and (ii) for meetings conducted without the public present at the meeting location pursuant to paragraphs (3) and (4) of this subsection (d), all additional specific information necessary for members of the public to provide public comment or address the committee of the board as authorized by subsection (g) of Section 2.06 of the Open Meetings Act, such as by telephone number, web-based link, email, or written comment. If the board declares a bona fide emergency:

(A) Notice shall be given pursuant to subsection (a) of Section 2.02 of the Open Meetings Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting.

(B) The committee of the board must comply with the verbatim recording requirements set forth in Section 2.06 of the Open Meetings Act.

(7) Each member of the board participating in a meeting by audio or video conference for a meeting held pursuant to this Section shall be considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

(8) In addition to the requirements for open meetings under Section 2.06 of the Open Meetings Act, committees of the board holding open meetings under this subsection (d) must also keep a verbatim record of all their meetings in the form of an audio or video recording. Verbatim records made under this paragraph (8) shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06 of the Open Meetings Act.

(9) The board shall bear all costs associated with compliance with this subsection (d).

(Source: P.A. 101-610, eff. 1-1-20.)

(40 ILCS 5/22C-117)

Sec. 22C-117. Meetings of the board.

(a) The transition board and the permanent board shall each meet at least quarterly and otherwise upon written request of either the Chairperson or 3 other members. The Chairperson shall preside over meetings of the board. The executive director and personnel of the board shall prepare agendas and materials and required postings for meetings of the board.

(b) Six members of the board shall constitute a quorum.

(c) All actions taken by the transition board and the permanent board shall require a vote of least 5 trustees, except that the following shall require a vote of at least 6 trustees: the adoption of actuarial assumptions; the selection of the chief investment officer, fiduciary counsel, or a consultant as defined under Section 1-101.5 of this Code; the adoption of rules for the conduct of election of trustees; and the adoption of asset allocation policies and investment policies.

(d) Subject to the requirements of Section 2.06 of the Open Meetings Act but notwithstanding any other provision of law, meetings of committees of the board may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:

(1) The chairperson of the board determines that an in-person meeting would pose a risk to the health or safety of members of the board or the public and that conducting a meeting by an audio or video conference is in the best interest of the board and the public, and the public notice of any meeting given under this paragraph (1) states the reason or reasons for such determination.

(2) All members of the board participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony.

(3) For open meetings, members of the public present at the meeting location of the committee of the board can hear all discussion and testimony and all votes of the members of the committee of the board, or the committee of the board makes arrangements and provides notice pursuant to this subsection (d) of such arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link, and to provide a method and notice by which members of the public may provide public comment or address the committee of the board as authorized by subsection (g) of Section 2.06 of the Open Meetings Act, such as by telephone or web-based link, or by email or written comment to be read aloud at the meeting, consistent with the board's established and recorded rules for public comment, and to be included in the meeting record.

(4) At least one member of the board, its legal counsel, or an administrative officer of the board is physically present at the meeting location.

(5) All votes are conducted by roll call, and each member's vote on each issue is identified and recorded.

(6) Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this Section. Notice shall be given to all members of the board, shall be posted in compliance with subsection (a) of Section 2.02 of the Open Meetings Act, and shall also be provided to any news media that has requested notice of meetings pursuant to subsection (a) of Section 2.02 of the Open Meetings Act. The meeting notice and agenda shall include the following: (i) all information necessary for the public to access the audio or video conference, including, but not limited to, the telephone number, web-based link, meeting identification number, passcode, or other method to obtain access; and (ii) for meetings conducted without the public present at the meeting location pursuant to paragraphs (3) and (4) of this subsection (d), all additional specific information necessary for members of the public to provide public comment or address the committee of the board as authorized by subsection (g) of Section 2.06 of the Open Meetings Act, such as by telephone number, web-based link, email, or written comment. If the board declares a bona fide emergency:

(A) Notice shall be given pursuant to subsection (a) of Section 2.02 of the Open Meetings Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting.

(B) The committee of the board must comply with the verbatim recording requirements set forth in Section 2.06 of the Open Meetings Act.

(7) Each member of the board participating in a meeting by audio or video conference for a meeting held pursuant to this Section shall be considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

(8) In addition to the requirements for open meetings under Section 2.06 of the Open Meetings Act, committees of the board holding open meetings under this subsection (d) must also keep a verbatim record of all their meetings in the form of an audio or video recording. Verbatim records made under this paragraph (8) shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06 of the Open Meetings Act.

(9) The board shall bear all costs associated with compliance with this subsection (d).

(Source: P.A. 101-610, eff. 1-1-20.)