Capitol Chronicle
By Jim Covington
Director of Legislative Affairs
The General Assembly has passed the following legislation for the Governor to take action on within 60 days' of his receipt.
Open Meetings Act.
Senate Bill 585 (Cullerton, D-Chicago; Flider, D-Mt. Zion) amends the Open Meetings Act to do two things. (1) Expands the definition of "meeting" to define a "gathering" in person, by video, or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging); or other means of a “contemporaneous interactive communication.”(2)
It also allows a majority of the public body to allow a member of that body to attend the meeting “by other means” if the member is prevented from physically attending because of any of the following: personal illness or disability; employment purposes or the business of the public body; or family or other emergency. But it still requires a quorum of the members of the public body to be physically present.The procedure to attend by other means includes the following: (1) Requires the requesting member to notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical. (2) A majority of the public body may allow the member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body. (3) These rules must conform to these statutory requirements and restrictions, may further limit the extent to which attendance by other means is allowed, and may provide for the giving of additional notice to the public or further facilitate public access to meetings. (4) Minutes must also include whether the members were physically present or present by means of video or audio conference.
There are exceptions and wrinkles for public bodies with statewide jurisdiction or without any substantive authority other than making advisory recommendations.
Reversal of
Klaeren. Senate Bill 94 (Garrett, D-Lake Forest; Mathias, R-Buffalo Grove) amends the Illinois Municipal Code, the Counties Code, and the Township Code to require that certain zoning decisions of the governmental authorities must be subject to de novo judicial review as “legislative decisions,” regardless of whether the process of their adoption is considered administrative for other purposes. Requires that any action seeking judicial review of such a decision must be commenced no later than 90 days after the date of the decision. Applies the principles of substantive and procedural due process to all stages of the decision-making and review of all zoning decisions. Senate Bill 94 reverses part of the holding in People ex rel Klaeren v. Village of Lisle, 202 Ill.2d 164, 781 N.E.2d 223 (2002).Notary required for deed.
House Bill 4760 (Ryg, D-Vernon Hills; Link, D-Vernon Hills) amends the Conveyances Act to require a notarized signature for conveying any deed or instrument of conveyance. But failure to comply with this provision does not invalidate the instrument.Child support I.
Senate Bill 1183 (Crotty, D-Oak Forest; John Bradley, D-Marion) amends the Parentage Act that currently requires a minimum child-support payment of $10 per month. It continues to require this minimum payment as long as it is consistent with Title IV, Part D of the Social Security Act.Child support II.
House Bill 4788 (Davis, D-Chicago; Lightford, D-Chicago) authorizes the Department of Health and Family Services to promulgate a rule authorizing HFS to compromise on child-support arrearages owed to the State in certain circumstances.