SB1619 103RD GENERAL ASSEMBLY

LRB103 30611 JDS 57054 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1619

Introduced 2/8/2023, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

5 ILCS 120/7

Amends the Open Meetings Act. Provides that an open or closed meeting may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following additional requirements are met: (1) the public body makes available a dedicated meeting space where those individuals who do not have access to the Internet may participate in the meeting; (2) the public body ensures that a means of remote participation other than audio-only communication is made available to those individuals who are interested in participating in the meeting; (3) the public body ensures that all cameras used for remote participation are operating properly; and (4) the public body maintains a written record of those individuals who participated in the meeting and a description of whether those individuals participated in person or by remote means. Makes technical and other changes.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Open Meetings Act is amended by changing Section 7 as follows:

(5 ILCS 120/7)

Sec. 7. Attendance by a means other than physical presence.

(a) If a quorum of the members of the public body is physically present as required by Section 2.01, 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: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. "Other means" is by video or audio conference.

(b) If a member wishes to attend a meeting by other means, the member must notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical.

(c) A majority of the public body may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body. The rules must conform to the requirements and restrictions of this Section, may further limit the extent to which attendance by other means is allowed, and may provide for the giving of additional notice to the public or further facilitate public access to meetings.

(d) The limitations of this Section shall not apply to (i) closed meetings of (A) public bodies with statewide jurisdiction, (B) Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, (C) municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, or (D) local workforce innovation areas with jurisdiction over a specific geographic area of more than 4,500 square miles or (ii) open or closed meetings of State advisory boards or bodies that do not have authority to make binding recommendations or determinations or to take any other substantive action. State advisory boards or bodies, public bodies with statewide jurisdiction, Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, and local workforce investment areas with jurisdiction over a specific geographic area of more than 4,500 square miles, however, may permit members to attend meetings by other means only in accordance with and to the extent allowed by specific procedural rules adopted by the body. For the purposes of this Section, "local workforce innovation area" means any local workforce innovation area or areas designated by the Governor pursuant to the federal Workforce Innovation and Opportunity Act or its reauthorizing legislation.

(e) Subject to the requirements of Section 2.06 but notwithstanding any other provision of law, an open or closed meeting subject to this Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:

(1) the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns because of a disaster as defined in Section 4 of the Illinois Emergency Management Agency Act, and all or part of the jurisdiction of the public body is covered by the disaster area;

(2) the head of the public body as defined in subsection (e) of Section 2 of the Freedom of Information Act determines that an in-person meeting or a meeting conducted under this Act is not practical or prudent because of a disaster;

(3) all members of the body participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony;

(4) for open meetings, members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the disaster, including the issued disaster declaration, in which case the public body must make alternative arrangements and provide notice pursuant to this Section of such alternative arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link;

(5) there shall be physically present at the regular meeting location at least one member of the body or, if a greater number of members is required under the rules of the public body to be physically present at the regular meeting location, that greater number of members of the public body, unless infeasible due to the disaster or the issued disaster declaration; , chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the disaster, including the issued disaster declaration; and

(5.5) there shall be physically present at the regular meeting location the chief legal counsel of the public body or the chief administrative officer of the public body, unless infeasible due to the disaster or the issued disaster declaration;

(6) all votes shall be are conducted by roll call, and , so each member's vote on each issue shall can be identified and recorded; .

(7) the public body, except in the case in which it declares a bona fide emergency, shall give Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this Section, and that notice . Notice shall be given to all members of the public body, shall be posted on the website of the public body, and shall also be provided to any news medium that media who has requested notice of meetings pursuant to subsection (a) of Section 2.02 of this Act; . If the public body declares a bona fide emergency:

(A) Notice shall be given pursuant to subsection (a) of Section 2.02 of this Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting.

(B) The public body must comply with the verbatim recording requirements set forth in Section 2.06 of this Act.

(7.5) the public body, in the case in which it declares a bona fide emergency, shall give notice pursuant to subsection (a) of Section 2.02 of this Act, shall have the presiding officer state the nature of the emergency at the beginning of the meeting, and shall comply with the verbatim recording requirements set forth in Section 2.06 of this Act;

(8) each Each member of the body participating in a meeting by audio or video conference for a meeting held pursuant to this Section shall be is considered present at the meeting for purposes of determining a quorum and participating in all proceedings; .

(9) In addition to the requirements for open meetings under Section 2.06, public bodies holding open meetings under this subsection (e) must also keep the public body, in addition to the requirements for open meetings under Section 2.06, shall keep a verbatim record of its all their meetings in the form of an audio or video recording, and those records . Verbatim records made under this paragraph (9) shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06; .

(10) the The public body shall bear all costs associated with compliance with this subsection (e); .

(11) the public body shall make available a dedicated meeting space where those individuals who do not have access to the Internet may participate in the meeting;

(12) the public body shall ensure that a means of remote participation other than audio-only communication is made available to those individuals who are interested in participating in the meeting;

(13) the public body shall ensure that all cameras used for remote participation are operating properly; and

(14) the public body shall maintain a written record of those individuals who participated in the meeting and a description of whether those individuals participated in person or by remote means.

(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)