Illinois 2023-2024 Regular Session

Illinois House Bill HB3514 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3514 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 Amends the Open Meetings Act. Provides that a public body shall not conduct a closed meeting by audio or video conference, and shall conduct such meetings only with the physical presence of a quorum of the members of the public body. Makes conforming changes. LRB103 29481 DTM 55876 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3514 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 5 ILCS 120/7 Amends the Open Meetings Act. Provides that a public body shall not conduct a closed meeting by audio or video conference, and shall conduct such meetings only with the physical presence of a quorum of the members of the public body. Makes conforming changes. LRB103 29481 DTM 55876 b LRB103 29481 DTM 55876 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3514 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 120/7 5 ILCS 120/7
4	4	5 ILCS 120/7
5	5	Amends the Open Meetings Act. Provides that a public body shall not conduct a closed meeting by audio or video conference, and shall conduct such meetings only with the physical presence of a quorum of the members of the public body. Makes conforming changes.
6	6	LRB103 29481 DTM 55876 b LRB103 29481 DTM 55876 b
7	7	LRB103 29481 DTM 55876 b
8	8	A BILL FOR
9	9	HB3514LRB103 29481 DTM 55876 b HB3514 LRB103 29481 DTM 55876 b
10	10	HB3514 LRB103 29481 DTM 55876 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Open Meetings Act is amended by changing
15	15	5 Section 7 as follows:
16	16	6 (5 ILCS 120/7)
17	17	7 Sec. 7. Attendance by a means other than physical
18	18	8 presence.
19	19	9 (a) If a quorum of the members of the public body is
20	20	10 physically present as required by Section 2.01, a majority of
21	21	11 the public body may allow a member of that body to attend the
22	22	12 meeting by other means if the member is prevented from
23	23	13 physically attending because of: (i) personal illness or
24	24	14 disability; (ii) employment purposes or the business of the
25	25	15 public body; or (iii) a family or other emergency. "Other
26	26	16 means" is by video or audio conference.
27	27	17 (b) If a member wishes to attend a meeting by other means,
28	28	18 the member must notify the recording secretary or clerk of the
29	29	19 public body before the meeting unless advance notice is
30	30	20 impractical.
31	31	21 (c) A majority of the public body may allow a member to
32	32	22 attend a meeting by other means only in accordance with and to
33	33	23 the extent allowed by rules adopted by the public body. The
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3514 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 120/7 5 ILCS 120/7
39	39	5 ILCS 120/7
40	40	Amends the Open Meetings Act. Provides that a public body shall not conduct a closed meeting by audio or video conference, and shall conduct such meetings only with the physical presence of a quorum of the members of the public body. Makes conforming changes.
41	41	LRB103 29481 DTM 55876 b LRB103 29481 DTM 55876 b
42	42	LRB103 29481 DTM 55876 b
43	43	A BILL FOR
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49	49	5 ILCS 120/7
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68	68	1 rules must conform to the requirements and restrictions of
69	69	2 this Section, may further limit the extent to which attendance
70	70	3 by other means is allowed, and may provide for the giving of
71	71	4 additional notice to the public or further facilitate public
72	72	5 access to meetings.
73	73	6 (d) The limitations of this Section shall not apply to (i)
74	74	7 closed meetings of (A) public bodies with statewide
75	75	8 jurisdiction, (B) Illinois library systems with jurisdiction
76	76	9 over a specific geographic area of more than 4,500 square
77	77	10 miles, (C) municipal transit districts with jurisdiction over
78	78	11 a specific geographic area of more than 4,500 square miles, or
79	79	12 (D) local workforce innovation areas with jurisdiction over a
80	80	13 specific geographic area of more than 4,500 square miles or
81	81	14 (ii) open or closed meetings of State advisory boards or
82	82	15 bodies that do not have authority to make binding
83	83	16 recommendations or determinations or to take any other
84	84	17 substantive action. State advisory boards or bodies, public
85	85	18 bodies with statewide jurisdiction, Illinois library systems
86	86	19 with jurisdiction over a specific geographic area of more than
87	87	20 4,500 square miles, municipal transit districts with
88	88	21 jurisdiction over a specific geographic area of more than
89	89	22 4,500 square miles, and local workforce investment areas with
90	90	23 jurisdiction over a specific geographic area of more than
91	91	24 4,500 square miles, however, may permit members to attend
92	92	25 meetings by other means only in accordance with and to the
93	93	26 extent allowed by specific procedural rules adopted by the
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104	104	1 body. For the purposes of this Section, "local workforce
105	105	2 innovation area" means any local workforce innovation area or
106	106	3 areas designated by the Governor pursuant to the federal
107	107	4 Workforce Innovation and Opportunity Act or its reauthorizing
108	108	5 legislation.
109	109	6 (e) Subject to the requirements of Section 2.06 but
110	110	7 notwithstanding any other provision of law, an open or closed
111	111	8 meeting subject to this Act may be conducted by audio or video
112	112	9 conference, without the physical presence of a quorum of the
113	113	10 members, so long as the following conditions are met:
114	114	11 (1) the Governor or the Director of the Illinois
115	115	12 Department of Public Health has issued a disaster
116	116	13 declaration related to public health concerns because of a
117	117	14 disaster as defined in Section 4 of the Illinois Emergency
118	118	15 Management Agency Act, and all or part of the jurisdiction
119	119	16 of the public body is covered by the disaster area;
120	120	17 (2) the head of the public body as defined in
121	121	18 subsection (e) of Section 2 of the Freedom of Information
122	122	19 Act determines that an in-person meeting or a meeting
123	123	20 conducted under this Act is not practical or prudent
124	124	21 because of a disaster;
125	125	22 (3) all members of the body participating in the
126	126	23 meeting, wherever their physical location, shall be
127	127	24 verified and can hear one another and can hear all
128	128	25 discussion and testimony;
129	129	26 (4) for open meetings, members of the public present
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140	140	1 at the regular meeting location of the body can hear all
141	141	2 discussion and testimony and all votes of the members of
142	142	3 the body, unless attendance at the regular meeting
143	143	4 location is not feasible due to the disaster, including
144	144	5 the issued disaster declaration, in which case the public
145	145	6 body must make alternative arrangements and provide notice
146	146	7 pursuant to this Section of such alternative arrangements
147	147	8 in a manner to allow any interested member of the public
148	148	9 access to contemporaneously hear all discussion,
149	149	10 testimony, and roll call votes, such as by offering a
150	150	11 telephone number or a web-based link;
151	151	12 (5) at least one member of the body, chief legal
152	152	13 counsel, or chief administrative officer is physically
153	153	14 present at the regular meeting location, unless unfeasible
154	154	15 due to the disaster, including the issued disaster
155	155	16 declaration; and
156	156	17 (6) all votes are conducted by roll call, so each
157	157	18 member's vote on each issue can be identified and
158	158	19 recorded.
159	159	20 (7) Except in the event of a bona fide emergency, 48
160	160	21 hours' notice shall be given of a meeting to be held
161	161	22 pursuant to this Section. Notice shall be given to all
162	162	23 members of the public body, shall be posted on the website
163	163	24 of the public body, and shall also be provided to any news
164	164	25 media who has requested notice of meetings pursuant to
165	165	26 subsection (a) of Section 2.02 of this Act. If the public
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176	176	1 body declares a bona fide emergency:
177	177	2 (A) Notice shall be given pursuant to subsection
178	178	3 (a) of Section 2.02 of this Act, and the presiding
179	179	4 officer shall state the nature of the emergency at the
180	180	5 beginning of the meeting.
181	181	6 (B) The public body must comply with the verbatim
182	182	7 recording requirements set forth in Section 2.06 of
183	183	8 this Act.
184	184	9 (8) Each member of the body participating in a meeting
185	185	10 by audio or video conference for a meeting held pursuant
186	186	11 to this Section is considered present at the meeting for
187	187	12 purposes of determining a quorum and participating in all
188	188	13 proceedings.
189	189	14 (9) In addition to the requirements for open meetings
190	190	15 under Section 2.06, public bodies holding open meetings
191	191	16 under this subsection (e) must also keep a verbatim record
192	192	17 of all their meetings in the form of an audio or video
193	193	18 recording. Verbatim records made under this paragraph (9)
194	194	19 shall be made available to the public under, and are
195	195	20 otherwise subject to, the provisions of Section 2.06.
196	196	21 (10) The public body shall bear all costs associated
197	197	22 with compliance with this subsection (e).
198	198	23 (f) Notwithstanding any other provision of law to the
199	199	24 contrary, on and after the effective date of this amendatory
200	200	25 Act of the 103rd General Assembly, a public body shall not
201	201	26 conduct a closed meeting by audio or video conference, and
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212	212	1 shall conduct such meetings only with the physical presence of
213	213	2 a quorum of the members of the public body.
214	214	3 (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
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