Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0243 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	SB0243 EngrossedLRB104 07181 BDA 17218 b SB0243 Engrossed LRB104 07181 BDA 17218 b
2		-	SB0243 Engrossed LRB104 07181 BDA 17218 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0243 Introduced 1/22/2025, 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". Effective immediately. LRB104 07181 BDA 17218 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0243 Introduced 1/22/2025, 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". Effective immediately. LRB104 07181 BDA 17218 b LRB104 07181 BDA 17218 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0243 Introduced 1/22/2025, 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". Effective immediately.
	6	+	LRB104 07181 BDA 17218 b LRB104 07181 BDA 17218 b
	7	+	LRB104 07181 BDA 17218 b
	8	+	A BILL FOR
	9	+	SB0243LRB104 07181 BDA 17218 b SB0243 LRB104 07181 BDA 17218 b
	10	+	SB0243 LRB104 07181 BDA 17218 b
3	11		1 AN ACT concerning government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Open Meetings Act is amended by changing
7	15		5 Section 7 as follows:
8	16		6 (5 ILCS 120/7)
9	17		7 Sec. 7. Attendance by a means other than physical
10	18		8 presence.
11	19		9 (a) If a quorum of the members of the public body is
12	20		10 physically present as required by Section 2.01, a majority of
13	21		11 the public body may allow a member of that body to attend the
14	22		12 meeting by other means if the member is prevented from
15	23		13 physically attending because of: (i) personal illness or
16	24		14 disability; (ii) employment purposes or the business of the
17	25		15 public body; (iii) a family or other emergency; or (iv)
18	26		16 unexpected childcare obligations; or (v) performance of active
19	27		17 military duty as a service member. "Other means" is by video or
20	28		18 audio conference. As used in this subsection:
21	29		19 "Active military duty" has the meaning given to "active
22	30		20 service" in Section 1-10 of the Service Member Employment and
23	31		21 Reemployment Rights Act.
24	32		22 "Service member" means a resident of Illinois who is a
25	33		23 member of any component of the U.S. Armed Forces or the
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29		-	SB0243 Engrossed LRB104 07181 BDA 17218 b
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0243 Introduced 1/22/2025, 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". Effective immediately.
	41	+	LRB104 07181 BDA 17218 b LRB104 07181 BDA 17218 b
	42	+	LRB104 07181 BDA 17218 b
	43	+	A BILL FOR
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33		-	SB0243 Engrossed - 2 - LRB104 07181 BDA 17218 b
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	49	+	5 ILCS 120/7
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34	68		1 National Guard of any state, the District of Columbia, a
35	69		2 commonwealth, or a territory of the United States.
36	70		3 (b) If a member wishes to attend a meeting by other means,
37	71		4 the member must notify the recording secretary or clerk of the
38	72		5 public body before the meeting unless advance notice is
39	73		6 impractical.
40	74		7 (c) A majority of the public body may allow a member to
41	75		8 attend a meeting by other means only in accordance with and to
42	76		9 the extent allowed by rules adopted by the public body. The
43	77		10 rules must conform to the requirements and restrictions of
44	78		11 this Section, may further limit the extent to which attendance
45	79		12 by other means is allowed, and may provide for the giving of
46	80		13 additional notice to the public or further facilitate public
47	81		14 access to meetings.
48	82		15 (d) The limitations of this Section shall not apply to (i)
49	83		16 closed meetings of (A) public bodies with statewide
50	84		17 jurisdiction, (B) Illinois library systems with jurisdiction
51	85		18 over a specific geographic area of more than 4,500 square
52	86		19 miles, (C) municipal transit districts with jurisdiction over
53	87		20 a specific geographic area of more than 4,500 square miles, or
54	88		21 (D) local workforce innovation areas with jurisdiction over a
55	89		22 specific geographic area of more than 4,500 square miles or
56	90		23 (ii) open or closed meetings of State advisory boards or
57	91		24 bodies that do not have authority to make binding
58	92		25 recommendations or determinations or to take any other
59	93		26 substantive action. State advisory boards or bodies, public
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70	104		1 bodies with statewide jurisdiction, Illinois library systems
71	105		2 with jurisdiction over a specific geographic area of more than
72	106		3 4,500 square miles, municipal transit districts with
73	107		4 jurisdiction over a specific geographic area of more than
74	108		5 4,500 square miles, and local workforce investment areas with
75	109		6 jurisdiction over a specific geographic area of more than
76	110		7 4,500 square miles, however, may permit members to attend
77	111		8 meetings by other means only in accordance with and to the
78	112		9 extent allowed by specific procedural rules adopted by the
79	113		10 body. For the purposes of this Section, "local workforce
80	114		11 innovation area" means any local workforce innovation area or
81	115		12 areas designated by the Governor pursuant to the federal
82	116		13 Workforce Innovation and Opportunity Act or its reauthorizing
83	117		14 legislation.
84	118		15 (e) Subject to the requirements of Section 2.06 but
85	119		16 notwithstanding any other provision of law, an open or closed
86	120		17 meeting subject to this Act may be conducted by audio or video
87	121		18 conference, without the physical presence of a quorum of the
88	122		19 members, so long as the following conditions are met:
89	123		20 (1) the Governor or the Director of the Illinois
90	124		21 Department of Public Health has issued a disaster
91	125		22 declaration related to public health concerns because of a
92	126		23 disaster as defined in Section 4 of the Illinois Emergency
93	127		24 Management Agency Act, and all or part of the jurisdiction
94	128		25 of the public body is covered by the disaster area;
95	129		26 (2) the head of the public body as defined in
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106	140		1 subsection (e) of Section 2 of the Freedom of Information
107	141		2 Act determines that an in-person meeting or a meeting
108	142		3 conducted under this Act is not practical or prudent
109	143		4 because of a disaster;
110	144		5 (3) all members of the body participating in the
111	145		6 meeting, wherever their physical location, shall be
112	146		7 verified and can hear one another and can hear all
113	147		8 discussion and testimony;
114	148		9 (4) for open meetings, members of the public present
115	149		10 at the regular meeting location of the body can hear all
116	150		11 discussion and testimony and all votes of the members of
117	151		12 the body, unless attendance at the regular meeting
118	152		13 location is not feasible due to the disaster, including
119	153		14 the issued disaster declaration, in which case the public
120	154		15 body must make alternative arrangements and provide notice
121	155		16 pursuant to this Section of such alternative arrangements
122	156		17 in a manner to allow any interested member of the public
123	157		18 access to contemporaneously hear all discussion,
124	158		19 testimony, and roll call votes, such as by offering a
125	159		20 telephone number or a web-based link;
126	160		21 (5) at least one member of the body, chief legal
127	161		22 counsel, or chief administrative officer is physically
128	162		23 present at the regular meeting location, unless unfeasible
129	163		24 due to the disaster, including the issued disaster
130	164		25 declaration; and
131	165		26 (6) all votes are conducted by roll call, so each
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142	176		1 member's vote on each issue can be identified and
143	177		2 recorded.
144	178		3 (7) Except in the event of a bona fide emergency, 48
145	179		4 hours' notice shall be given of a meeting to be held
146	180		5 pursuant to this Section. Notice shall be given to all
147	181		6 members of the public body, shall be posted on the website
148	182		7 of the public body, and shall also be provided to any news
149	183		8 media who has requested notice of meetings pursuant to
150	184		9 subsection (a) of Section 2.02 of this Act. If the public
151	185		10 body declares a bona fide emergency:
152	186		11 (A) Notice shall be given pursuant to subsection
153	187		12 (a) of Section 2.02 of this Act, and the presiding
154	188		13 officer shall state the nature of the emergency at the
155	189		14 beginning of the meeting.
156	190		15 (B) The public body must comply with the verbatim
157	191		16 recording requirements set forth in Section 2.06 of
158	192		17 this Act.
159	193		18 (8) Each member of the body participating in a meeting
160	194		19 by audio or video conference for a meeting held pursuant
161	195		20 to this Section is considered present at the meeting for
162	196		21 purposes of determining a quorum and participating in all
163	197		22 proceedings.
164	198		23 (9) In addition to the requirements for open meetings
165	199		24 under Section 2.06, public bodies holding open meetings
166	200		25 under this subsection (e) must also keep a verbatim record
167	201		26 of all their meetings in the form of an audio or video
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178	212		1 recording. Verbatim records made under this paragraph (9)
179	213		2 shall be made available to the public under, and are
180	214		3 otherwise subject to, the provisions of Section 2.06.
181	215		4 (10) The public body shall bear all costs associated
182	216		5 with compliance with this subsection (e).
183	217		6 (Source: P.A. 103-311, eff. 7-28-23.)
184		-	7 Section 99. Effective date. This Act takes effect upon
185		-	8 becoming law.
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