HB1408 103RD GENERAL ASSEMBLY

LRB103 05306 DTM 50324 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1408

Introduced 1/31/2023, by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

5 ILCS 120/7

Amends the Open Meetings Act. Modifies the conditions by which an open or closed meeting may be conducted by audio or video conference without the physical presence of a quorum of the members. Provides that a meeting may be held without the physical presence of a quorum of the members if, among other requirements, the chief elected or appointed official of the public body determines that an in-person meeting would pose a risk to the health or safety of members of the public body or the public and that conducting a meeting by an audio or video conference is in the best interests of the public body or the public and public notice of that meeting states the reason or reasons for such determination. Provides that such a determination by the chief elected or appointed official of the public body shall be required for any subsidiary body of the public body to conduct an open or closed meeting by audio or video conference. Specifies further requirements concerning notice and public comment. Makes conforming and other changes. Effective immediately.

A BILL FOR

AN ACT concerning State 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) Either:

(A) 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; or

(B) the chief elected or appointed official of the public body determines that an in-person meeting conducted under this Act would pose a risk to the health or safety of members of the public body or the public and that conducting a meeting by an audio or video conference is in the best interest of the public body or the public, and the public notice of any meeting given under this subparagraph (B) states the reason or reasons for such determination.

(2) (Blank). 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 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 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, or 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 makes arrangements and provides must make alternative arrangements and provide notice pursuant to this subsection (e) 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, and to provide a method and notice by which members of the public may provide public comment or address the public body as authorized by subsection (g) of Section 2.06, such as by telephone or web-based link, or by email or written comment to be read aloud at the meeting, consistent with the public body's established and recorded rules for public comment, and to be included in the meeting record. ;

(5) At at least one member of the body, its chief legal counsel, or an chief administrative officer of the public body is physically present at the regular meeting location, unless unfeasible due to the disaster, including the issued disaster declaration; and .

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

(7) 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. Notice shall be given to all members of the public body, shall be posted in compliance with subsection (a) of Section 2.02 on the website of the public body, and shall also be provided to any news media who has requested notice of meetings pursuant to subsection (a) of Section 2.02 of this Act. For a determination made by a chief elected or appointed official under subparagraph (B) of paragraph (1) of this subsection (e), the meeting notice and agenda shall include the following: (i) all information necessary for the public to access the audio or video conference, including, but not limited to, the telephone number, web-based link, meeting identification number, passcode, or other method to obtain access; and (ii) for meetings conducted without the public present at the meeting location pursuant to paragraphs (4) and (5) of this subsection (e), all additional specific information necessary for members of the public to provide public comment or address the public body as authorized by subsection (g) of Section 2.06, such as by telephone number, web-based link, email, or written comment. 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.

(8) 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 a verbatim record of all their meetings in the form of an audio or video recording. 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) A determination by the chief elected or appointed official of the public body, consistent with subparagraph (B) of paragraph (1) of this subsection (e), shall be required for any subsidiary body of the public body to conduct an open or closed meeting by audio or video conference in accordance with this subsection (e).

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

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

Section 99. Effective date. This Act takes effect upon becoming law.