IL
Illinois Senate Bill SB2665

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2665 Compare Versions

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1-SB2665 EngrossedLRB103 35673 AWJ 65748 b SB2665 Engrossed LRB103 35673 AWJ 65748 b
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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2665 Introduced 1/10/2024, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 Amends the Open Meetings Act. Provides that, if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of performance of active military duty as a service member. Defines "active military duty" and "service member". LRB103 35673 AWJ 65748 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2665 Introduced 1/10/2024, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 5 ILCS 120/7 5 ILCS 120/7 Amends the Open Meetings Act. Provides that, if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of performance of active military duty as a service member. Defines "active military duty" and "service member". LRB103 35673 AWJ 65748 b LRB103 35673 AWJ 65748 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2665 Introduced 1/10/2024, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
3+5 ILCS 120/7 5 ILCS 120/7
4+5 ILCS 120/7
5+Amends the Open Meetings Act. Provides that, if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of performance of active military duty as a service member. Defines "active military duty" and "service member".
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8+A BILL FOR
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311 1 AN ACT concerning government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Open Meetings Act is amended by changing
715 5 Section 7 as follows:
816 6 (5 ILCS 120/7)
917 7 Sec. 7. Attendance by a means other than physical
1018 8 presence.
1119 9 (a) If a quorum of the members of the public body is
1220 10 physically present as required by Section 2.01, a majority of
1321 11 the public body may allow a member of that body to attend the
1422 12 meeting by other means if the member is prevented from
1523 13 physically attending because of: (i) personal illness or
1624 14 disability; (ii) employment purposes or the business of the
1725 15 public body; (iii) a family or other emergency; or (iv)
1826 16 unexpected childcare obligations; or (v) performance of active
1927 17 military duty as a service member. "Other means" is by video or
2028 18 audio conference. As used in this subsection:
21-19 "Active military duty" has the meaning given to "active
22-20 service" in Section 1-10 of the Service Member Employment and
23-21 Reemployment Rights Act.
24-22 "Service member" means a resident of Illinois who is a
25-23 member of any component of the U.S. Armed Forces or the
29+19 "Active military duty" means service on active duty as a
30+20 member of the Armed Forces of the United States, the Illinois
31+21 National Guard, or any reserve component of the Armed Forces
32+22 of the United States.
33+23 "Service member" means a resident of Illinois who is a
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34-1 National Guard of any state, the District of Columbia, a
35-2 commonwealth, or a territory of the United States.
36-3 (b) If a member wishes to attend a meeting by other means,
37-4 the member must notify the recording secretary or clerk of the
38-5 public body before the meeting unless advance notice is
39-6 impractical.
40-7 (c) A majority of the public body may allow a member to
41-8 attend a meeting by other means only in accordance with and to
42-9 the extent allowed by rules adopted by the public body. The
43-10 rules must conform to the requirements and restrictions of
44-11 this Section, may further limit the extent to which attendance
45-12 by other means is allowed, and may provide for the giving of
46-13 additional notice to the public or further facilitate public
47-14 access to meetings.
48-15 (d) The limitations of this Section shall not apply to (i)
49-16 closed meetings of (A) public bodies with statewide
50-17 jurisdiction, (B) Illinois library systems with jurisdiction
51-18 over a specific geographic area of more than 4,500 square
52-19 miles, (C) municipal transit districts with jurisdiction over
53-20 a specific geographic area of more than 4,500 square miles, or
54-21 (D) local workforce innovation areas with jurisdiction over a
55-22 specific geographic area of more than 4,500 square miles or
56-23 (ii) open or closed meetings of State advisory boards or
57-24 bodies that do not have authority to make binding
58-25 recommendations or determinations or to take any other
59-26 substantive action. State advisory boards or bodies, public
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2665 Introduced 1/10/2024, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
38+5 ILCS 120/7 5 ILCS 120/7
39+5 ILCS 120/7
40+Amends the Open Meetings Act. Provides that, if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of performance of active military duty as a service member. Defines "active military duty" and "service member".
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43+A BILL FOR
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70-1 bodies with statewide jurisdiction, Illinois library systems
71-2 with jurisdiction over a specific geographic area of more than
72-3 4,500 square miles, municipal transit districts with
73-4 jurisdiction over a specific geographic area of more than
74-5 4,500 square miles, and local workforce investment areas with
75-6 jurisdiction over a specific geographic area of more than
76-7 4,500 square miles, however, may permit members to attend
77-8 meetings by other means only in accordance with and to the
78-9 extent allowed by specific procedural rules adopted by the
79-10 body. For the purposes of this Section, "local workforce
80-11 innovation area" means any local workforce innovation area or
81-12 areas designated by the Governor pursuant to the federal
82-13 Workforce Innovation and Opportunity Act or its reauthorizing
83-14 legislation.
84-15 (e) Subject to the requirements of Section 2.06 but
85-16 notwithstanding any other provision of law, an open or closed
86-17 meeting subject to this Act may be conducted by audio or video
87-18 conference, without the physical presence of a quorum of the
88-19 members, so long as the following conditions are met:
89-20 (1) the Governor or the Director of the Illinois
90-21 Department of Public Health has issued a disaster
91-22 declaration related to public health concerns because of a
92-23 disaster as defined in Section 4 of the Illinois Emergency
93-24 Management Agency Act, and all or part of the jurisdiction
94-25 of the public body is covered by the disaster area;
95-26 (2) the head of the public body as defined in
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106-1 subsection (e) of Section 2 of the Freedom of Information
107-2 Act determines that an in-person meeting or a meeting
108-3 conducted under this Act is not practical or prudent
109-4 because of a disaster;
110-5 (3) all members of the body participating in the
111-6 meeting, wherever their physical location, shall be
112-7 verified and can hear one another and can hear all
113-8 discussion and testimony;
114-9 (4) for open meetings, members of the public present
115-10 at the regular meeting location of the body can hear all
116-11 discussion and testimony and all votes of the members of
117-12 the body, unless attendance at the regular meeting
118-13 location is not feasible due to the disaster, including
119-14 the issued disaster declaration, in which case the public
120-15 body must make alternative arrangements and provide notice
121-16 pursuant to this Section of such alternative arrangements
122-17 in a manner to allow any interested member of the public
123-18 access to contemporaneously hear all discussion,
124-19 testimony, and roll call votes, such as by offering a
125-20 telephone number or a web-based link;
126-21 (5) at least one member of the body, chief legal
127-22 counsel, or chief administrative officer is physically
128-23 present at the regular meeting location, unless unfeasible
129-24 due to the disaster, including the issued disaster
130-25 declaration; and
131-26 (6) all votes are conducted by roll call, so each
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68+1 member of any component of the U.S. Armed Forces or the
69+2 National Guard of any state, the District of Columbia, a
70+3 commonwealth, or a territory of the United States.
71+4 (b) If a member wishes to attend a meeting by other means,
72+5 the member must notify the recording secretary or clerk of the
73+6 public body before the meeting unless advance notice is
74+7 impractical.
75+8 (c) A majority of the public body may allow a member to
76+9 attend a meeting by other means only in accordance with and to
77+10 the extent allowed by rules adopted by the public body. The
78+11 rules must conform to the requirements and restrictions of
79+12 this Section, may further limit the extent to which attendance
80+13 by other means is allowed, and may provide for the giving of
81+14 additional notice to the public or further facilitate public
82+15 access to meetings.
83+16 (d) The limitations of this Section shall not apply to (i)
84+17 closed meetings of (A) public bodies with statewide
85+18 jurisdiction, (B) Illinois library systems with jurisdiction
86+19 over a specific geographic area of more than 4,500 square
87+20 miles, (C) municipal transit districts with jurisdiction over
88+21 a specific geographic area of more than 4,500 square miles, or
89+22 (D) local workforce innovation areas with jurisdiction over a
90+23 specific geographic area of more than 4,500 square miles or
91+24 (ii) open or closed meetings of State advisory boards or
92+25 bodies that do not have authority to make binding
93+26 recommendations or determinations or to take any other
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142-1 member's vote on each issue can be identified and
143-2 recorded.
144-3 (7) Except in the event of a bona fide emergency, 48
145-4 hours' notice shall be given of a meeting to be held
146-5 pursuant to this Section. Notice shall be given to all
147-6 members of the public body, shall be posted on the website
148-7 of the public body, and shall also be provided to any news
149-8 media who has requested notice of meetings pursuant to
150-9 subsection (a) of Section 2.02 of this Act. If the public
151-10 body declares a bona fide emergency:
152-11 (A) Notice shall be given pursuant to subsection
153-12 (a) of Section 2.02 of this Act, and the presiding
154-13 officer shall state the nature of the emergency at the
155-14 beginning of the meeting.
156-15 (B) The public body must comply with the verbatim
157-16 recording requirements set forth in Section 2.06 of
158-17 this Act.
159-18 (8) Each member of the body participating in a meeting
160-19 by audio or video conference for a meeting held pursuant
161-20 to this Section is considered present at the meeting for
162-21 purposes of determining a quorum and participating in all
163-22 proceedings.
164-23 (9) In addition to the requirements for open meetings
165-24 under Section 2.06, public bodies holding open meetings
166-25 under this subsection (e) must also keep a verbatim record
167-26 of all their meetings in the form of an audio or video
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104+1 substantive action. State advisory boards or bodies, public
105+2 bodies with statewide jurisdiction, Illinois library systems
106+3 with jurisdiction over a specific geographic area of more than
107+4 4,500 square miles, municipal transit districts with
108+5 jurisdiction over a specific geographic area of more than
109+6 4,500 square miles, and local workforce investment areas with
110+7 jurisdiction over a specific geographic area of more than
111+8 4,500 square miles, however, may permit members to attend
112+9 meetings by other means only in accordance with and to the
113+10 extent allowed by specific procedural rules adopted by the
114+11 body. For the purposes of this Section, "local workforce
115+12 innovation area" means any local workforce innovation area or
116+13 areas designated by the Governor pursuant to the federal
117+14 Workforce Innovation and Opportunity Act or its reauthorizing
118+15 legislation.
119+16 (e) Subject to the requirements of Section 2.06 but
120+17 notwithstanding any other provision of law, an open or closed
121+18 meeting subject to this Act may be conducted by audio or video
122+19 conference, without the physical presence of a quorum of the
123+20 members, so long as the following conditions are met:
124+21 (1) the Governor or the Director of the Illinois
125+22 Department of Public Health has issued a disaster
126+23 declaration related to public health concerns because of a
127+24 disaster as defined in Section 4 of the Illinois Emergency
128+25 Management Agency Act, and all or part of the jurisdiction
129+26 of the public body is covered by the disaster area;
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140+1 (2) the head of the public body as defined in
141+2 subsection (e) of Section 2 of the Freedom of Information
142+3 Act determines that an in-person meeting or a meeting
143+4 conducted under this Act is not practical or prudent
144+5 because of a disaster;
145+6 (3) all members of the body participating in the
146+7 meeting, wherever their physical location, shall be
147+8 verified and can hear one another and can hear all
148+9 discussion and testimony;
149+10 (4) for open meetings, members of the public present
150+11 at the regular meeting location of the body can hear all
151+12 discussion and testimony and all votes of the members of
152+13 the body, unless attendance at the regular meeting
153+14 location is not feasible due to the disaster, including
154+15 the issued disaster declaration, in which case the public
155+16 body must make alternative arrangements and provide notice
156+17 pursuant to this Section of such alternative arrangements
157+18 in a manner to allow any interested member of the public
158+19 access to contemporaneously hear all discussion,
159+20 testimony, and roll call votes, such as by offering a
160+21 telephone number or a web-based link;
161+22 (5) at least one member of the body, chief legal
162+23 counsel, or chief administrative officer is physically
163+24 present at the regular meeting location, unless unfeasible
164+25 due to the disaster, including the issued disaster
165+26 declaration; and
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176+1 (6) all votes are conducted by roll call, so each
177+2 member's vote on each issue can be identified and
178+3 recorded.
179+4 (7) Except in the event of a bona fide emergency, 48
180+5 hours' notice shall be given of a meeting to be held
181+6 pursuant to this Section. Notice shall be given to all
182+7 members of the public body, shall be posted on the website
183+8 of the public body, and shall also be provided to any news
184+9 media who has requested notice of meetings pursuant to
185+10 subsection (a) of Section 2.02 of this Act. If the public
186+11 body declares a bona fide emergency:
187+12 (A) Notice shall be given pursuant to subsection
188+13 (a) of Section 2.02 of this Act, and the presiding
189+14 officer shall state the nature of the emergency at the
190+15 beginning of the meeting.
191+16 (B) The public body must comply with the verbatim
192+17 recording requirements set forth in Section 2.06 of
193+18 this Act.
194+19 (8) Each member of the body participating in a meeting
195+20 by audio or video conference for a meeting held pursuant
196+21 to this Section is considered present at the meeting for
197+22 purposes of determining a quorum and participating in all
198+23 proceedings.
199+24 (9) In addition to the requirements for open meetings
200+25 under Section 2.06, public bodies holding open meetings
201+26 under this subsection (e) must also keep a verbatim record
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