Rep. Dagmara Avelar
Filed: 4/18/2023
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1 | AMENDMENT TO HOUSE BILL 2447
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2 | AMENDMENT NO. ______. Amend House Bill 2447 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Open Meetings Act is amended by changing | ||||||
5 | Section 2 and 7 as follows:
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6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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7 | Sec. 2. Open meetings.
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8 | (a) Openness required. All meetings of public
bodies shall | ||||||
9 | be open to the public unless excepted in subsection (c)
and | ||||||
10 | closed in accordance with Section 2a.
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11 | (b) Construction of exceptions. The exceptions contained | ||||||
12 | in subsection
(c) are in derogation of the requirement that | ||||||
13 | public bodies
meet in the open, and therefore, the exceptions | ||||||
14 | are to be strictly
construed, extending only to subjects | ||||||
15 | clearly within their scope.
The exceptions authorize but do | ||||||
16 | not require the holding of
a closed meeting to discuss a |
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1 | subject included within an enumerated exception.
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2 | (c) Exceptions. A public body may hold closed meetings to | ||||||
3 | consider the
following subjects:
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4 | (1) The appointment, employment, compensation, | ||||||
5 | discipline, performance,
or dismissal of specific | ||||||
6 | employees, specific individuals who serve as independent | ||||||
7 | contractors in a park, recreational, or educational | ||||||
8 | setting, or specific volunteers of the public body or | ||||||
9 | legal counsel for
the public body, including hearing
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10 | testimony on a complaint lodged against an employee, a | ||||||
11 | specific individual who serves as an independent | ||||||
12 | contractor in a park, recreational, or educational | ||||||
13 | setting, or a volunteer of the public body or
against | ||||||
14 | legal counsel for the public body to determine its | ||||||
15 | validity. However, a meeting to consider an increase in | ||||||
16 | compensation to a specific employee of a public body that | ||||||
17 | is subject to the Local Government Wage Increase | ||||||
18 | Transparency Act may not be closed and shall be open to the | ||||||
19 | public and posted and held in accordance with this Act.
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20 | (2) Collective negotiating matters between the public | ||||||
21 | body and its
employees or their representatives, or | ||||||
22 | deliberations concerning salary
schedules for one or more | ||||||
23 | classes of employees.
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24 | (3) The selection of a person to fill a public office,
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25 | as defined in this Act, including a vacancy in a public | ||||||
26 | office, when the public
body is given power to appoint |
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1 | under law or ordinance, or the discipline,
performance or | ||||||
2 | removal of the occupant of a public office, when the | ||||||
3 | public body
is given power to remove the occupant under | ||||||
4 | law or ordinance.
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5 | (4) Evidence or testimony presented in open hearing, | ||||||
6 | or in closed
hearing where specifically authorized by law, | ||||||
7 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
8 | provided that the body
prepares and makes available for | ||||||
9 | public inspection a written decision
setting forth its | ||||||
10 | determinative reasoning.
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11 | (4.5) Evidence or testimony presented to a school | ||||||
12 | board regarding denial of admission to school events or | ||||||
13 | property pursuant to Section 24-24 of the School Code, | ||||||
14 | provided that the school board prepares and makes | ||||||
15 | available for public inspection a written decision setting | ||||||
16 | forth its determinative reasoning. | ||||||
17 | (5) The purchase or lease of real property for the use | ||||||
18 | of
the public body, including meetings held for the | ||||||
19 | purpose of discussing
whether a particular parcel should | ||||||
20 | be acquired.
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21 | (6) The setting of a price for sale or lease of | ||||||
22 | property owned
by the public body.
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23 | (7) The sale or purchase of securities, investments, | ||||||
24 | or investment
contracts. This exception shall not apply to | ||||||
25 | the investment of assets or income of funds deposited into | ||||||
26 | the Illinois Prepaid Tuition Trust Fund.
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1 | (8) Security procedures, school building safety and | ||||||
2 | security, and the use of personnel and
equipment to | ||||||
3 | respond to an actual, a threatened, or a reasonably
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4 | potential danger to the safety of employees, students, | ||||||
5 | staff, the public, or
public
property.
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6 | (9) Student disciplinary cases.
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7 | (10) The placement of individual students in special | ||||||
8 | education
programs and other matters relating to | ||||||
9 | individual students.
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10 | (11) Litigation, when an action against, affecting or | ||||||
11 | on behalf of the
particular public body has been filed and | ||||||
12 | is pending before a court or
administrative tribunal, or | ||||||
13 | when the public body finds that an action is
probable or | ||||||
14 | imminent, in which case the basis for the finding shall be
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15 | recorded and entered into the minutes of the closed | ||||||
16 | meeting.
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17 | (12) The establishment of reserves or settlement of | ||||||
18 | claims as provided
in the Local Governmental and | ||||||
19 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
20 | disposition of a claim or potential claim might be
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21 | prejudiced, or the review or discussion of claims, loss or | ||||||
22 | risk management
information, records, data, advice or | ||||||
23 | communications from or with respect
to any insurer of the | ||||||
24 | public body or any intergovernmental risk management
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25 | association or self insurance pool of which the public | ||||||
26 | body is a member.
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1 | (13) Conciliation of complaints of discrimination in | ||||||
2 | the sale or rental
of housing, when closed meetings are | ||||||
3 | authorized by the law or ordinance
prescribing fair | ||||||
4 | housing practices and creating a commission or
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5 | administrative agency for their enforcement.
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6 | (14) Informant sources, the hiring or assignment of | ||||||
7 | undercover personnel
or equipment, or ongoing, prior or | ||||||
8 | future criminal investigations, when
discussed by a public | ||||||
9 | body with criminal investigatory responsibilities.
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10 | (15) Professional ethics or performance when | ||||||
11 | considered by an advisory
body appointed to advise a | ||||||
12 | licensing or regulatory agency on matters
germane to the | ||||||
13 | advisory body's field of competence.
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14 | (16) Self evaluation, practices and procedures or | ||||||
15 | professional ethics,
when meeting with a representative of | ||||||
16 | a statewide association of which the
public body is a | ||||||
17 | member.
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18 | (17) The recruitment, credentialing, discipline or | ||||||
19 | formal peer review
of physicians or other
health care | ||||||
20 | professionals, or for the discussion of matters protected | ||||||
21 | under the federal Patient Safety and Quality Improvement | ||||||
22 | Act of 2005, and the regulations promulgated thereunder, | ||||||
23 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
24 | Health Insurance Portability and Accountability Act of | ||||||
25 | 1996, and the regulations promulgated thereunder, | ||||||
26 | including 45 C.F.R. Parts 160, 162, and 164, by a |
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1 | hospital, or
other institution providing medical care, | ||||||
2 | that is operated by the public body.
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3 | (18) Deliberations for decisions of the Prisoner | ||||||
4 | Review Board.
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5 | (19) Review or discussion of applications received | ||||||
6 | under the
Experimental Organ Transplantation Procedures | ||||||
7 | Act.
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8 | (20) The classification and discussion of matters | ||||||
9 | classified as
confidential or continued confidential by | ||||||
10 | the State Government Suggestion Award
Board.
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11 | (21) Discussion of minutes of meetings lawfully closed | ||||||
12 | under this Act,
whether for purposes of approval by the | ||||||
13 | body of the minutes or semi-annual
review of the minutes | ||||||
14 | as mandated by Section 2.06.
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15 | (22) Deliberations for decisions of the State
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16 | Emergency Medical Services Disciplinary
Review Board.
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17 | (23) The operation by a municipality of a municipal | ||||||
18 | utility or the
operation of a
municipal power agency or | ||||||
19 | municipal natural gas agency when the
discussion involves | ||||||
20 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
21 | of electricity or natural gas or (ii) the results
or | ||||||
22 | conclusions of load forecast studies.
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23 | (24) Meetings of a residential health care facility | ||||||
24 | resident sexual
assault and death review
team or
the | ||||||
25 | Executive
Council under the Abuse Prevention Review
Team | ||||||
26 | Act.
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1 | (25) Meetings of an independent team of experts under | ||||||
2 | Brian's Law. | ||||||
3 | (26) Meetings of a mortality review team appointed | ||||||
4 | under the Department of Juvenile Justice Mortality Review | ||||||
5 | Team Act. | ||||||
6 | (27) (Blank). | ||||||
7 | (28) Correspondence and records (i) that may not be | ||||||
8 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
9 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | (29) Meetings between internal or external auditors | ||||||
12 | and governmental audit committees, finance committees, and | ||||||
13 | their equivalents, when the discussion involves internal | ||||||
14 | control weaknesses, identification of potential fraud risk | ||||||
15 | areas, known or suspected frauds, and fraud interviews | ||||||
16 | conducted in accordance with generally accepted auditing | ||||||
17 | standards of the United States of America. | ||||||
18 | (30) Those meetings or portions of meetings of a | ||||||
19 | fatality review team or the Illinois Fatality Review Team | ||||||
20 | Advisory Council during which a review of the death of an | ||||||
21 | eligible adult in which abuse or neglect is suspected, | ||||||
22 | alleged, or substantiated is conducted pursuant to Section | ||||||
23 | 15 of the Adult Protective Services Act. | ||||||
24 | (31) Meetings and deliberations for decisions of the | ||||||
25 | Concealed Carry Licensing Review Board under the Firearm | ||||||
26 | Concealed Carry Act. |
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1 | (32) Meetings between the Regional Transportation | ||||||
2 | Authority Board and its Service Boards when the discussion | ||||||
3 | involves review by the Regional Transportation Authority | ||||||
4 | Board of employment contracts under Section 28d of the | ||||||
5 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
6 | 3B.26 of the Regional Transportation Authority Act. | ||||||
7 | (33) Those meetings or portions of meetings of the | ||||||
8 | advisory committee and peer review subcommittee created | ||||||
9 | under Section 320 of the Illinois Controlled Substances | ||||||
10 | Act during which specific controlled substance prescriber, | ||||||
11 | dispenser, or patient information is discussed. | ||||||
12 | (34) Meetings of the Tax Increment Financing Reform | ||||||
13 | Task Force under Section 2505-800 of the Department of | ||||||
14 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
15 | (35) Meetings of the group established to discuss | ||||||
16 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
17 | Illinois Public Aid Code. | ||||||
18 | (36) Those deliberations or portions of deliberations | ||||||
19 | for decisions of the Illinois Gaming Board in which there | ||||||
20 | is discussed any of the following: (i) personal, | ||||||
21 | commercial, financial, or other information obtained from | ||||||
22 | any source that is privileged, proprietary, confidential, | ||||||
23 | or a trade secret; or (ii) information specifically | ||||||
24 | exempted from the disclosure by federal or State law. | ||||||
25 | (37) Deliberations for decisions of the Illinois Law
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26 | Enforcement Training Standards Board, the Certification |
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1 | Review Panel, and the Illinois State Police Merit Board | ||||||
2 | regarding certification and decertification. | ||||||
3 | (38) Meetings of the Ad Hoc Statewide Domestic
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4 | Violence Fatality Review Committee of the Illinois | ||||||
5 | Criminal
Justice Information Authority Board that occur in | ||||||
6 | closed executive session under subsection (d) of Section | ||||||
7 | 35 of the Domestic Violence Fatality Review Act. | ||||||
8 | (39) Meetings of the regional review teams under | ||||||
9 | subsection (a) of Section 75 of the Domestic Violence | ||||||
10 | Fatality Review Act. | ||||||
11 | (40) Meetings of the Firearm Owner's Identification | ||||||
12 | Card Review Board under Section 10 of the Firearm Owners | ||||||
13 | Identification Card Act. | ||||||
14 | (d) Definitions. For purposes of this Section:
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15 | "Employee" means a person employed by a public body whose | ||||||
16 | relationship
with the public body constitutes an | ||||||
17 | employer-employee relationship under
the usual common law | ||||||
18 | rules, and who is not an independent contractor.
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19 | "Public office" means a position created by or under the
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20 | Constitution or laws of this State, the occupant of which is | ||||||
21 | charged with
the exercise of some portion of the sovereign | ||||||
22 | power of this State. The term
"public office" shall include | ||||||
23 | members of the public body, but it shall not
include | ||||||
24 | organizational positions filled by members thereof, whether
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25 | established by law or by a public body itself, that exist to | ||||||
26 | assist the
body in the conduct of its business.
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1 | "Quasi-adjudicative body" means an administrative body | ||||||
2 | charged by law or
ordinance with the responsibility to conduct | ||||||
3 | hearings, receive evidence or
testimony and make | ||||||
4 | determinations based
thereon, but does not include
local | ||||||
5 | electoral boards when such bodies are considering petition | ||||||
6 | challenges.
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7 | (e) Final action. No final action may be taken at a closed | ||||||
8 | meeting.
Final action shall be preceded by a public recital of | ||||||
9 | the nature of the
matter being considered and other | ||||||
10 | information that will inform the
public of the business being | ||||||
11 | conducted.
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12 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
13 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
14 | 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
15 | (5 ILCS 120/7)
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16 | Sec. 7. Attendance by a means other than physical | ||||||
17 | presence. | ||||||
18 | (a) If a
quorum of the members of the public body is | ||||||
19 | physically present as required by Section 2.01, a majority of | ||||||
20 | the public body may allow a member of that body to attend the | ||||||
21 | meeting by other means if the member is prevented from | ||||||
22 | physically
attending because of: (i) personal illness or | ||||||
23 | disability; (ii) employment purposes or
the
business of the | ||||||
24 | public body; or (iii) a family or other emergency ; or (iv) | ||||||
25 | childcare obligations .
"Other means" is by video or audio |
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1 | conference.
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2 | (b) If a member wishes to attend a meeting by other means, | ||||||
3 | the
member must notify the
recording secretary or clerk of the
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4 | public body before the meeting unless
advance notice is | ||||||
5 | impractical.
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6 | (c) A majority of the public body may allow a member to | ||||||
7 | attend a meeting by other means only in accordance with and to | ||||||
8 | the extent allowed by rules adopted by the public body. The | ||||||
9 | rules must conform to the requirements and restrictions of | ||||||
10 | this Section, may further limit the extent to which attendance | ||||||
11 | by other means is allowed, and may provide for the giving of | ||||||
12 | additional notice to the public or further facilitate public | ||||||
13 | access to meetings.
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14 | (d) The limitations of this Section shall not apply to (i) | ||||||
15 | closed meetings of (A) public bodies with statewide | ||||||
16 | jurisdiction, (B) Illinois library systems with jurisdiction | ||||||
17 | over a specific geographic area of more than 4,500 square | ||||||
18 | miles, (C) municipal transit districts with jurisdiction over | ||||||
19 | a specific geographic area of more than 4,500 square miles, or | ||||||
20 | (D) local workforce innovation areas with jurisdiction over a | ||||||
21 | specific geographic area of more than 4,500 square miles or | ||||||
22 | (ii) open or closed meetings of State advisory boards or | ||||||
23 | bodies that do not have authority to make binding | ||||||
24 | recommendations or determinations or to take any other | ||||||
25 | substantive action. State advisory boards or bodies, public | ||||||
26 | bodies with statewide jurisdiction, Illinois library systems |
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1 | with jurisdiction over a specific geographic area of more than | ||||||
2 | 4,500 square miles, municipal transit districts with | ||||||
3 | jurisdiction over a specific geographic area of more than | ||||||
4 | 4,500 square miles, and local workforce investment areas with | ||||||
5 | jurisdiction over a specific geographic area of more than | ||||||
6 | 4,500 square miles, however, may permit members to attend | ||||||
7 | meetings by other means only in accordance with and to the | ||||||
8 | extent allowed by specific procedural rules adopted by the | ||||||
9 | body.
For the purposes of this Section, "local workforce | ||||||
10 | innovation area" means any local workforce innovation area or | ||||||
11 | areas designated by the Governor pursuant to the federal | ||||||
12 | Workforce
Innovation and Opportunity Act or its reauthorizing | ||||||
13 | legislation. | ||||||
14 | (e) Subject to the requirements of Section 2.06 but | ||||||
15 | notwithstanding any other provision of law, an open or closed | ||||||
16 | meeting subject to this Act may be conducted by audio or video | ||||||
17 | conference, without the physical presence of a quorum of the | ||||||
18 | members, so long as the following conditions are met: | ||||||
19 | (1) the Governor or the Director of the Illinois | ||||||
20 | Department of Public Health has issued a disaster | ||||||
21 | declaration related to public health concerns because of a | ||||||
22 | disaster as defined in Section 4 of the Illinois Emergency | ||||||
23 | Management Agency Act, and all or part of the jurisdiction | ||||||
24 | of the public body is covered by the disaster area; | ||||||
25 | (2) the head of the public body as defined in | ||||||
26 | subsection (e) of Section 2 of the Freedom of Information |
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1 | Act determines that an in-person meeting or a meeting | ||||||
2 | conducted under this Act is not practical or prudent | ||||||
3 | because of a disaster; | ||||||
4 | (3) all members of the body participating in the | ||||||
5 | meeting, wherever their physical location, shall be | ||||||
6 | verified and can hear one another and can hear all | ||||||
7 | discussion and testimony; | ||||||
8 | (4) for open meetings, members of the public present | ||||||
9 | at the regular meeting location of the body can hear all | ||||||
10 | discussion and testimony and all votes of the members of | ||||||
11 | the body, unless attendance at the regular meeting | ||||||
12 | location is not feasible due to the disaster, including | ||||||
13 | the issued disaster declaration, in which case the public | ||||||
14 | body must make alternative arrangements and provide notice | ||||||
15 | pursuant to this Section of such alternative arrangements | ||||||
16 | in a manner to allow any interested member of the public | ||||||
17 | access to contemporaneously hear all discussion, | ||||||
18 | testimony, and roll call votes, such as by offering a | ||||||
19 | telephone number or a web-based link; | ||||||
20 | (5) at least one member of the body, chief legal | ||||||
21 | counsel, or chief administrative officer is physically | ||||||
22 | present at the regular meeting location, unless unfeasible | ||||||
23 | due to the disaster, including the issued disaster | ||||||
24 | declaration; and | ||||||
25 | (6) all votes are conducted by roll call, so each | ||||||
26 | member's vote on each issue can be identified and |
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1 | recorded. | ||||||
2 | (7) Except in the event of a bona fide emergency, 48 | ||||||
3 | hours' notice shall be given of a meeting to be held | ||||||
4 | pursuant to this Section. Notice shall be given to all | ||||||
5 | members of the public body, shall be posted on the website | ||||||
6 | of the public body, and shall also be provided to any news | ||||||
7 | media who has requested notice of meetings pursuant to | ||||||
8 | subsection (a) of Section 2.02 of this Act. If the public | ||||||
9 | body declares a bona fide emergency: | ||||||
10 | (A) Notice shall be given pursuant to subsection | ||||||
11 | (a) of Section 2.02 of this Act, and the presiding | ||||||
12 | officer shall state the nature of the emergency at the | ||||||
13 | beginning of the meeting. | ||||||
14 | (B) The public body must comply with the verbatim | ||||||
15 | recording requirements set forth in Section 2.06 of | ||||||
16 | this Act. | ||||||
17 | (8) Each member of the body participating in a meeting | ||||||
18 | by audio or video conference for a meeting held pursuant | ||||||
19 | to this Section is considered present at the meeting for | ||||||
20 | purposes of determining a quorum and participating in all | ||||||
21 | proceedings. | ||||||
22 | (9) In addition to the requirements for open meetings | ||||||
23 | under Section 2.06, public bodies holding open meetings | ||||||
24 | under this subsection (e) must also keep a verbatim record | ||||||
25 | of all their meetings in the form of an audio or video | ||||||
26 | recording. Verbatim records made under this paragraph (9) |
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1 | shall be made available to the public under, and are | ||||||
2 | otherwise subject to, the provisions of Section 2.06. | ||||||
3 | (10) The public body shall bear all costs associated | ||||||
4 | with compliance with this subsection (e).
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5 | (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.) | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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