SB0105sam002 104TH GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 3/14/2025

10400SB0105sam002 LRB104 06549 BDA 23998 a

AMENDMENT TO SENATE BILL 105

AMENDMENT NO. ______. Amend Senate Bill 105 by replacing everything after the enacting clause with the following:

"Section 5. The Open Meetings Act is amended by changing Section 1.02 and by adding Section 2.07 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" 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, the Illinois Independent Tax Tribunal, or the regional interagency fatality review teams and the Illinois Fatality Review Team Advisory Council established under the Adult Protective Services Act. "Public body" does not include a Police District Council created under Section 2-80-070 of the Municipal Code of Chicago, except as provided for in Section 2.07 of this Act.

(Source: P.A. 103-626, eff. 1-1-25.)

(5 ILCS 120/2.07 new)

Sec. 2.07. Police District Councils.

(a) For the purposes of this Section, "public body" means a Police District Council created under Section 2-80-070 of the Municipal Code of Chicago.

(b) Public bodies under this Section shall be subject to Sections 1, 1.01, 1.05, 2, 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2a, 3, 3.5, 4, 5, 6, 7, 7.3, and 7.5 of this Act to the extent that they do not conflict with this Section.

(c) For a public body under this Section, in the case of a 3-member body, 2 members of the body constitute a quorum and the affirmative vote of 2 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise provided.

(d) A meeting held by a Police District Council, in which an issue of public safety concerns: (i) an ongoing, prior, or future law enforcement or official misconduct investigation, or allegation thereof, involving specific individuals; or (ii) other topics that if discussed in an open meeting would pose an unreasonable risk to an ongoing criminal investigation or an unreasonable risk to the safety of specific individuals may be closed to the public and treated as a closed meeting under subsection (c) of Section 2.

(e) If a Police District Council has a website that is maintained by its full-time staff but does not have a principal office or single building where meetings are regularly held, that body shall be deemed to have complied with the posting requirements contained within Section 2.02 if the notice is timely posted on that body's website. The public body must comply with all other notice requirements set forth in this Act.

(f) With the exception of the required regularly scheduled monthly meetings, Police District Councils created under Section 2-80-070 of the Municipal Code of Chicago may hold meetings by audio or video conference, without the physical presence of the members, subject to the following conditions:

(1) All Police District Council members participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony.

(2) Any members of the public attending the meeting can hear all Police District Council members and all discussion, testimony, and roll-call votes.

(3) Notice of the remote meeting, including how to contemporaneously hear all discussion, testimony, and roll-call votes, whether by telephone number or web-based link, is provided to the public at least 48 hours prior to the meeting, except in the case of a bona fide emergency.

(4) All votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

(5) A verbatim record is kept in the form of an audio or video recording and made available to the public not more than 48 hours after the conclusion of the meeting.".