Full Text of SB1619 103rd General Assembly
SB1619 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1619 Introduced 2/8/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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| 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 |
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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) the Governor or the Director of the Illinois | 12 | | 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 an in-person meeting or a meeting | 20 | | conducted under this Act is not practical or prudent | 21 | | because of a disaster; | 22 | | (3) all members of the body participating in the | 23 | | meeting, wherever their physical location, shall be | 24 | | verified and can hear one another and can hear all | 25 | | discussion and testimony; | 26 | | (4) for open meetings, members of the public present |
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| 1 | | at the regular meeting location of the body can hear all | 2 | | discussion and testimony and all votes of the members of | 3 | | the body, unless attendance at the regular meeting | 4 | | location is not feasible due to the disaster, including | 5 | | the issued disaster declaration, in which case the public | 6 | | body must make alternative arrangements and provide notice | 7 | | pursuant to this Section of such alternative arrangements | 8 | | in a manner to allow any interested member of the public | 9 | | access to contemporaneously hear all discussion, | 10 | | testimony, and roll call votes, such as by offering a | 11 | | telephone number or a web-based link; | 12 | | (5) there shall be physically present at the regular | 13 | | meeting location at least one member of the body or, if a | 14 | | greater number of members is required under the rules of | 15 | | the public body to be physically present at the regular | 16 | | meeting location, that greater number of members of the | 17 | | public body, unless infeasible due to the disaster or the | 18 | | issued disaster declaration; , chief legal counsel, or | 19 | | chief administrative officer is physically present at the | 20 | | regular meeting location, unless unfeasible due to the | 21 | | disaster, including the issued disaster declaration; and | 22 | | (5.5) there shall be physically present at the regular | 23 | | meeting location the chief legal counsel of the public | 24 | | body or the chief administrative officer of the public | 25 | | body, unless infeasible due to the disaster or the issued | 26 | | disaster declaration; |
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| 1 | | (6) all votes shall be are conducted by roll call , and | 2 | | , so each member's vote on each issue shall can be | 3 | | identified and recorded ; . | 4 | | (7) the public body, except in the case in which it | 5 | | declares a bona fide emergency, shall give Except in the | 6 | | event of a bona fide emergency, 48 hours' notice shall be | 7 | | given of a meeting to be held pursuant to this Section , and | 8 | | that notice . Notice shall be given to all members of the | 9 | | public body, shall be posted on the website of the public | 10 | | body, and shall also be provided to any news medium that | 11 | | media who has requested notice of meetings pursuant to | 12 | | subsection (a) of Section 2.02 of this Act ; . If the public | 13 | | body declares a bona fide emergency: | 14 | | (A) Notice shall be given pursuant to subsection | 15 | | (a) of Section 2.02 of this Act, and the presiding | 16 | | officer shall state the nature of the emergency at the | 17 | | beginning of the meeting. | 18 | | (B) The public body must comply with the verbatim | 19 | | recording requirements set forth in Section 2.06 of | 20 | | this Act. | 21 | | (7.5) the public body, in the case in which it | 22 | | declares a bona fide emergency, shall give notice pursuant | 23 | | to subsection (a) of Section 2.02 of this Act, shall have | 24 | | the presiding officer state the nature of the emergency at | 25 | | the beginning of the meeting, and shall comply with the | 26 | | verbatim recording requirements set forth in Section 2.06 |
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| 1 | | of this Act; | 2 | | (8) each Each member of the body participating in a | 3 | | meeting by audio or video conference for a meeting held | 4 | | pursuant to this Section shall be is considered present at | 5 | | the meeting for purposes of determining a quorum and | 6 | | participating in all proceedings ; . | 7 | | (9) In addition to the requirements for open meetings | 8 | | under Section 2.06, public bodies holding open meetings | 9 | | under this subsection (e) must also keep the public body, | 10 | | in addition to the requirements for open meetings under | 11 | | Section 2.06, shall keep a verbatim record of its all | 12 | | their meetings in the form of an audio or video recording , | 13 | | and those records . Verbatim records made under this | 14 | | paragraph (9) shall be made available to the public under, | 15 | | and are otherwise subject to, the provisions of Section | 16 | | 2.06 ; . | 17 | | (10) the The public body shall bear all costs | 18 | | associated with compliance with this subsection (e) ; .
| 19 | | (11) the public body shall make available a dedicated | 20 | | meeting space where those individuals who do not have | 21 | | access to the Internet may participate in the meeting; | 22 | | (12) the public body shall ensure that a means of | 23 | | remote participation other than audio-only communication | 24 | | is made available to those individuals who are interested | 25 | | in participating in the meeting; | 26 | | (13) the public body shall ensure that all cameras |
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| 1 | | used for remote participation are operating properly; and | 2 | | (14) the public body shall maintain a written record | 3 | | of those individuals who participated in the meeting and a | 4 | | description of whether those individuals participated in | 5 | | person or by remote means. | 6 | | (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
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