Bill Text: IL HB5812 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-12 - Referred to Rules Committee [HB5812 Detail]

Download: Illinois-2023-HB5812-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5812 Introduced , 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.
LRB103 40223 RPS 72141 b
A BILL FOR
HB5812 LRB103 40223 RPS 72141 b
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

HB5812 - 2 - LRB103 40223 RPS 72141 b
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

HB5812 - 3 - LRB103 40223 RPS 72141 b
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

HB5812 - 4 - LRB103 40223 RPS 72141 b
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)

HB5812 - 5 - LRB103 40223 RPS 72141 b
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

HB5812 - 6 - LRB103 40223 RPS 72141 b
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

HB5812 - 7 - LRB103 40223 RPS 72141 b
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

HB5812 - 8 - LRB103 40223 RPS 72141 b
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

HB5812 - 9 - LRB103 40223 RPS 72141 b