HB1038 94TH GENERAL ASSEMBLY

LRB094 07115 MKM 37704 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1038

Introduced 02/03/05, by Rep. Robert F. Flider

SYNOPSIS AS INTRODUCED:

5 ILCS 120/1.02	from Ch. 102, par. 41.02
5 ILCS 120/2.02	from Ch. 102, par. 42.02
5 ILCS 120/2.05	from Ch. 102, par. 42.05
5 ILCS 120/2.06	from Ch. 102, par. 42.06
5 ILCS 120/7 new

Amends the Open Meetings Act. Redefines "meeting" to include gatherings, whether in person or by telephone call, electronic means, or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business (now, a gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business). Provides that if a majority of a quorum of the members of a public body are physically present at a meeting, then a majority of a quorum may allow a member of that body to attend a meeting by other means, subject to certain limitations. Defines "other means" as by telephone call, electronic means, or other means of contemporaneous interactive communication. Provides that a quorum of the members must be physically present for the public body to vote on the issuance of bonds. Provides that transmissions by other means made during a meeting by a member who is in attendance shall be made available to the public contemporaneously with the transmission and in such a manner or format that the public body and the public may contemporaneously hear or observe the transmission. Allows a public body to adopt rules concerning attendance at meetings by electronic means. Requires the agenda to disclose all locations at which members of the public may attend a meeting at which one or more members are present by a means other than physical presence. Requires the physical presence of the person testifying in any contested case, as defined in the Illinois Administrative Procedure Act, unless all parties waive the requirement of physical presence. Requires minutes of all public bodies to reflect whether members were physically present or present by other means. Makes other changes.

A BILL FOR

AN ACT concerning open meetings.

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 Sections 1.02, 2.02, 2.05, and 2.06 and by adding Section 7 as follows:

(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)

Sec. 1.02. For the purposes of this Act:

"Meeting" means any gathering, whether in person or by telephone call, electronic means, or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business.

"Public body" includes all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" includes the Health Facilities Planning Board. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act or an ethics commission acting under the State Officials and Employees Ethics Act.

(Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)

(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)

Sec. 2.02. Public notice of all meetings, whether open or closed to the public, shall be given as follows:

(a) Every public body shall give public notice of the schedule of regular meetings at the beginning of each calendar or fiscal year and shall state the regular dates, times, and places of such meetings. For meetings at which one or more members are present by a means other than physical presence, all locations at which members of the public may attend must be disclosed in the agenda. An agenda for each regular meeting shall be posted at the principal office of the public body and at the location where the meeting is to be held at least 48 hours in advance of the holding of the meeting. The requirement of a regular meeting agenda shall not preclude the consideration of items not specifically set forth in the agenda. Public notice of any special meeting except a meeting held in the event of a bona fide emergency, or of any rescheduled regular meeting, or of any reconvened meeting, shall be given at least 48 hours before such meeting, which notice shall also include the agenda for the special, rescheduled, or reconvened meeting, but the validity of any action taken by the public body which is germane to a subject on the agenda shall not be affected by other errors or omissions in the agenda. The requirement of public notice of reconvened meetings does not apply to any case where the meeting was open to the public and (1) it is to be reconvened within 24 hours, or (2) an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda. Notice of an emergency meeting shall be given as soon as practicable, but in any event prior to the holding of such meeting, to any news medium which has filed an annual request for notice under subsection (b) of this Section.

(b) Public notice shall be given by posting a copy of the notice at the principal office of the body holding the meeting or, if no such office exists, at the building in which the meeting is to be held. The body shall supply copies of the notice of its regular meetings, and of the notice of any special, emergency, rescheduled or reconvened meeting, to any news medium that has filed an annual request for such notice. Any such news medium shall also be given the same notice of all special, emergency, rescheduled or reconvened meetings in the same manner as is given to members of the body provided such news medium has given the public body an address or telephone number within the territorial jurisdiction of the public body at which such notice may be given.

(Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)

(5 ILCS 120/2.05) (from Ch. 102, par. 42.05)

Sec. 2.05. Recording meetings.

(a) Subject to the provisions of Section 8-701 of the Code of Civil Procedure "An Act in relation to the rights of witnesses at proceedings conducted by a court, commission, administrative agency or other tribunal in this State which are televised or broadcast or at which motion pictures are taken", approved July 14, 1953, as amended, any person may record the proceedings at meetings required to be open by this Act by tape, film or other means. The authority holding the meeting shall prescribe reasonable rules to govern the right to make such recordings.

If a witness at any meeting required to be open by this Act which is conducted by a commission, administrative agency or other tribunal, refuses to testify on the grounds that he may not be compelled to testify if any portion of his testimony is to be broadcast or televised or if motion pictures are to be taken of him while he is testifying, the authority holding the meeting shall prohibit such recording during the testimony of the witness. Nothing in this Section shall be construed to extend the right to refuse to testify at any meeting not subject to the provisions of Section 8-701 of the Code of Civil Procedure "An Act in relation to the rights of witnesses at proceedings conducted by a court, commission, administrative agency or other tribunal in this State which are televised or broadcast or at which motion pictures are taken", approved July 14, 1953, as amended.

(b) In any contested case, as defined by the Illinois Administrative Procedure Act, no live testimony may be offered except upon the physical presence of the person testifying unless all parties to the contested case waive the requirement of physical presence. Affidavits, depositions, or other recorded evidence are otherwise admissible as provided by law.

(Source: P.A. 82-378.)

(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)

Sec. 2.06. Minutes. (a) All public bodies shall keep written minutes of all their meetings, whether open or closed, and a verbatim record of all their closed meetings in the form of an audio or video recording. Minutes shall include, but need not be limited to:

(1) the date, time and place of the meeting;

(2) the members of the public body recorded as either present or absent and whether the members were physically present or present by other authorized means; and

(3) a summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken.

(b) The minutes of meetings open to the public shall be available for public inspection within 7 days of the approval of such minutes by the public body.

(c) The verbatim record may be destroyed without notification to or the approval of a records commission or the State Archivist under the Local Records Act or the State Records Act no less than 18 months after the completion of the meeting recorded but only after:

(1) the public body approves the destruction of a particular recording; and

(2) the public body approves minutes of the closed meeting that meet the written minutes requirements of subsection (a) of this Section.

(d) Each public body shall periodically, but no less than semi-annually, meet to review minutes of all closed meetings. At such meetings a determination shall be made, and reported in an open session that (1) the need for confidentiality still exists as to all or part of those minutes or (2) that the minutes or portions thereof no longer require confidential treatment and are available for public inspection.

(e) Unless the public body has made a determination that the verbatim recording no longer requires confidential treatment or otherwise consents to disclosure, the verbatim record of a meeting closed to the public shall not be open for public inspection or subject to discovery in any administrative or judicial proceeding other than one brought to enforce this Act. In the case of a civil action brought to enforce this Act, the court, if the judge believes such an examination is necessary, must conduct such in camera examination of the verbatim record as it finds appropriate in order to determine whether there has been a violation of this Act. In the case of a criminal proceeding, the court may conduct an examination in order to determine what portions, if any, must be made available to the parties for use as evidence in the prosecution. Any such initial inspection must be held in camera. If the court determines that a complaint or suit brought for noncompliance under this Act is valid it may, for the purposes of discovery, redact from the minutes of the meeting closed to the public any information deemed to qualify under the attorney-client privilege. The provisions of this subsection do not supersede the privacy or confidentiality provisions of State or federal law.

(f) Minutes of meetings closed to the public shall be available only after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential.

(Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)

(5 ILCS 120/7 new)

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

(a) If a majority of a quorum of the members of the public body is physically present at the place designated in the notice of the meeting, a majority of a quorum 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 telephone call, electronic means, or other means of contemporaneous interactive communication. Unless a member presents a document from his or her physician attesting to the member's inability to physically attend one or more meetings, a member may not attend more than half of the regularly scheduled meetings of that public body held in a calendar year by other means.

(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 at least 48 hours before the meeting unless impractical. A majority of a quorum shall determine if the notice requirement is impractical on a case-by-case basis.

(c) A member shall be considered present for purposes of determining a quorum and voting if the member is authorized to be present and is present by other means unless the public body is voting on an ordinance or a resolution authorizing, approving, or providing for the issuance of bonds (as that term is defined in the Local Government Debt Reform Act).

(d) If one or more members of the public body attend a meeting by other means, then all votes of the body shall be by roll call.

(e) If a member is present by other means, then the member must identify himself or herself by name and be recognized by the presiding officer before communicating.

(f) Any voice, electronic, or other transmission made during the meeting by a member who is attending a meeting by other means shall be made available to the public contemporaneously with the transmission and in such a manner or format that the public body and the public in attendance may contemporaneously hear or observe the transmission, except for those meetings subject to the exceptions in subsection (c) of Section 2 of this Act.

(g) A majority of a quorum 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.