Illinois 2023-2024 Regular Session

Illinois House Bill HB3994 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 HB3994 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 Amends the Open Meetings Act. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes. LRB103 30149 DTM 56573 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3994 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 5 ILCS 120/7 Amends the Open Meetings Act. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes. LRB103 30149 DTM 56573 b LRB103 30149 DTM 56573 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3994 Introduced , by Rep. Mark L. Walker 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. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes.
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8	8	A BILL FOR
9	9	HB3994LRB103 30149 DTM 56573 b HB3994 LRB103 30149 DTM 56573 b
10	10	HB3994 LRB103 30149 DTM 56573 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 HB3994 Introduced , by Rep. Mark L. Walker 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. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes.
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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) (blank); the Governor or the Director of the
115	115	12 Illinois 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 conducting an audio or video
123	123	20 conference is in the best interest of the public body that
124	124	21 an in-person meeting or a meeting conducted under this Act
125	125	22 is not practical or prudent because of a disaster;
126	126	23 (3) all members of the body participating in the
127	127	24 meeting, wherever their physical location, shall be
128	128	25 verified and can hear one another and can hear all
129	129	26 discussion and testimony;
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140	140	1 (4) for open meetings, members of the public present
141	141	2 at the regular meeting location of the body can hear all
142	142	3 discussion and testimony and all votes of the members of
143	143	4 the body, unless attendance at the regular meeting
144	144	5 location is not feasible due to the disaster, including
145	145	6 the issued disaster declaration, in which case the public
146	146	7 body must make alternative arrangements and provide notice
147	147	8 pursuant to this Section of such alternative arrangements
148	148	9 in a manner to allow any interested member of the public
149	149	10 access to contemporaneously hear all discussion,
150	150	11 testimony, and roll call votes, such as by offering a
151	151	12 telephone number or a web-based link;
152	152	13 (5) at least one member of the body, chief legal
153	153	14 counsel, or chief administrative officer is physically
154	154	15 present at the regular meeting location, unless unfeasible
155	155	16 due to the disaster, including the issued disaster
156	156	17 declaration; and
157	157	18 (6) (blank). all votes are conducted by roll call, so
158	158	19 each member's vote on each issue can be identified and
159	159	20 recorded.
160	160	21 (7) Except in the event of a bona fide emergency, 48
161	161	22 hours' notice shall be given of a meeting to be held
162	162	23 pursuant to this Section. Notice shall be given to all
163	163	24 members of the public body, shall be posted on the website
164	164	25 of the public body, and shall also be provided to any news
165	165	26 media who has requested notice of meetings pursuant to
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176	176	1 subsection (a) of Section 2.02 of this Act. If the public
177	177	2 body declares a bona fide emergency:
178	178	3 (A) Notice shall be given pursuant to subsection
179	179	4 (a) of Section 2.02 of this Act, and the presiding
180	180	5 officer shall state the reason why conducting an audio
181	181	6 or video conference is in the best interest of the
182	182	7 public body nature of the emergency at the beginning
183	183	8 of the meeting.
184	184	9 (B) The public body must comply with the verbatim
185	185	10 recording requirements set forth in Section 2.06 of
186	186	11 this Act.
187	187	12 (8) Each member of the body participating in a meeting
188	188	13 by audio or video conference for a meeting held pursuant
189	189	14 to this Section is considered present at the meeting for
190	190	15 purposes of determining a quorum and participating in all
191	191	16 proceedings.
192	192	17 (9) (Blank). In addition to the requirements for open
193	193	18 meetings under Section 2.06, public bodies holding open
194	194	19 meetings under this subsection (e) must also keep a
195	195	20 verbatim record of all their meetings in the form of an
196	196	21 audio or video recording. Verbatim records made under this
197	197	22 paragraph (9) shall be made available to the public under,
198	198	23 and are otherwise subject to, the provisions of Section
199	199	24 2.06.
200	200	25 (10) The public body shall bear all costs associated
201	201	26 with compliance with this subsection (e).
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212	212	1 (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
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