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
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
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
LRB103 30149 DTM 56573 b
A BILL FOR
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HB3994 LRB103 30149 DTM 56573 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Open Meetings Act is amended by changing
5 Section 7 as follows:
6 (5 ILCS 120/7)
7 Sec. 7. Attendance by a means other than physical
8 presence.
9 (a) If a quorum of the members of the public body is
10 physically present as required by Section 2.01, a majority of
11 the public body may allow a member of that body to attend the
12 meeting by other means if the member is prevented from
13 physically attending because of: (i) personal illness or
14 disability; (ii) employment purposes or the business of the
15 public body; or (iii) a family or other emergency. "Other
16 means" is by video or audio conference.
17 (b) If a member wishes to attend a meeting by other means,
18 the member must notify the recording secretary or clerk of the
19 public body before the meeting unless advance notice is
20 impractical.
21 (c) A majority of the public body may allow a member to
22 attend a meeting by other means only in accordance with and to
23 the extent allowed by rules adopted by the public body. The
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
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.
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LRB103 30149 DTM 56573 b
A BILL FOR
5 ILCS 120/7
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1 rules must conform to the requirements and restrictions of
2 this Section, may further limit the extent to which attendance
3 by other means is allowed, and may provide for the giving of
4 additional notice to the public or further facilitate public
5 access to meetings.
6 (d) The limitations of this Section shall not apply to (i)
7 closed meetings of (A) public bodies with statewide
8 jurisdiction, (B) Illinois library systems with jurisdiction
9 over a specific geographic area of more than 4,500 square
10 miles, (C) municipal transit districts with jurisdiction over
11 a specific geographic area of more than 4,500 square miles, or
12 (D) local workforce innovation areas with jurisdiction over a
13 specific geographic area of more than 4,500 square miles or
14 (ii) open or closed meetings of State advisory boards or
15 bodies that do not have authority to make binding
16 recommendations or determinations or to take any other
17 substantive action. State advisory boards or bodies, public
18 bodies with statewide jurisdiction, Illinois library systems
19 with jurisdiction over a specific geographic area of more than
20 4,500 square miles, municipal transit districts with
21 jurisdiction over a specific geographic area of more than
22 4,500 square miles, and local workforce investment areas with
23 jurisdiction over a specific geographic area of more than
24 4,500 square miles, however, may permit members to attend
25 meetings by other means only in accordance with and to the
26 extent allowed by specific procedural rules adopted by the
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1 body. For the purposes of this Section, "local workforce
2 innovation area" means any local workforce innovation area or
3 areas designated by the Governor pursuant to the federal
4 Workforce Innovation and Opportunity Act or its reauthorizing
5 legislation.
6 (e) Subject to the requirements of Section 2.06 but
7 notwithstanding any other provision of law, an open or closed
8 meeting subject to this Act may be conducted by audio or video
9 conference, without the physical presence of a quorum of the
10 members, so long as the following conditions are met:
11 (1) (blank); the Governor or the Director of the
12 Illinois Department of Public Health has issued a disaster
13 declaration related to public health concerns because of a
14 disaster as defined in Section 4 of the Illinois Emergency
15 Management Agency Act, and all or part of the jurisdiction
16 of the public body is covered by the disaster area;
17 (2) the head of the public body as defined in
18 subsection (e) of Section 2 of the Freedom of Information
19 Act determines that conducting an audio or video
20 conference is in the best interest of the public body that
21 an in-person meeting or a meeting conducted under this Act
22 is not practical or prudent because of a disaster;
23 (3) all members of the body participating in the
24 meeting, wherever their physical location, shall be
25 verified and can hear one another and can hear all
26 discussion and testimony;
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1 (4) for open meetings, members of the public present
2 at the regular meeting location of the body can hear all
3 discussion and testimony and all votes of the members of
4 the body, unless attendance at the regular meeting
5 location is not feasible due to the disaster, including
6 the issued disaster declaration, in which case the public
7 body must make alternative arrangements and provide notice
8 pursuant to this Section of such alternative arrangements
9 in a manner to allow any interested member of the public
10 access to contemporaneously hear all discussion,
11 testimony, and roll call votes, such as by offering a
12 telephone number or a web-based link;
13 (5) at least one member of the body, chief legal
14 counsel, or chief administrative officer is physically
15 present at the regular meeting location, unless unfeasible
16 due to the disaster, including the issued disaster
17 declaration; and
18 (6) (blank). all votes are conducted by roll call, so
19 each member's vote on each issue can be identified and
20 recorded.
21 (7) Except in the event of a bona fide emergency, 48
22 hours' notice shall be given of a meeting to be held
23 pursuant to this Section. Notice shall be given to all
24 members of the public body, shall be posted on the website
25 of the public body, and shall also be provided to any news
26 media who has requested notice of meetings pursuant to
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1 subsection (a) of Section 2.02 of this Act. If the public
2 body declares a bona fide emergency:
3 (A) Notice shall be given pursuant to subsection
4 (a) of Section 2.02 of this Act, and the presiding
5 officer shall state the reason why conducting an audio
6 or video conference is in the best interest of the
7 public body nature of the emergency at the beginning
8 of the meeting.
9 (B) The public body must comply with the verbatim
10 recording requirements set forth in Section 2.06 of
11 this Act.
12 (8) Each member of the body participating in a meeting
13 by audio or video conference for a meeting held pursuant
14 to this Section is considered present at the meeting for
15 purposes of determining a quorum and participating in all
16 proceedings.
17 (9) (Blank). In addition to the requirements for open
18 meetings under Section 2.06, public bodies holding open
19 meetings under this subsection (e) must also keep a
20 verbatim record of all their meetings in the form of an
21 audio or video recording. Verbatim records made under this
22 paragraph (9) shall be made available to the public under,
23 and are otherwise subject to, the provisions of Section
24 2.06.
25 (10) The public body shall bear all costs associated
26 with compliance with this subsection (e).
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1 (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
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