093_SB0699

 
                                     LRB093 03432 MKM 10942 b

 1        AN ACT concerning electronic transmissions.

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

 4        Section 1.  This Act  may  be  cited  as  the  Electronic
 5    Attendance Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Electronic    means"    means    teleconference,   video
 8    conference, or any  other  means  that  enables  identifiable
 9    voices  or  other  transmissions  to  be  received  from  any
10    location and enables concurrent actual ability to communicate
11    with the member who is not physically present.
12        "Meeting"  means  any gathering of a majority of a quorum
13    of the members of a public  body  held  for  the  purpose  of
14    discussing public business.
15        "Public body" includes the following:
16        (a)  Municipalities  to  include  cities,  villages,  and
17    incorporated towns.
18        (b)  Units  of  local  government  to  include  counties,
19    municipalities,  townships,  special  districts,  and  units,
20    designated  as  units  of  local  government  by  law,  which
21    exercise  limited governmental powers or powers in respect to
22    limited govenmental subjects.

23        Section 10.  Attendance by electronic means.  A member of
24    a public body shall be considered present at a public meeting
25    if the member is present by electronic means.  The attendance
26    by the mayor, president, or any other  presiding  officer  by
27    electronic  means  shall not constitute the temporary absence
28    of the mayor, president, or any other presiding officer.

29        Section 15.  Authorization.  A member of  a  public  body
 
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 1    may  attend  a  meeting  by electronic means if the member is
 2    prevented from physically attending because of  (i)  personal
 3    illness  or disability, (ii) absence from the district of the
 4    public body for personal reasons,employment purposes, or  for
 5    the  business  of the public body, or (iii) a family or other
 6    emergency.

 7        Section 20.  Notice by member.  If  a  member  wishes  to
 8    attend a meeting by electronic means, the member shall notify
 9    the  public  body at least 48 hours before the meeting unless
10    impracticable.  The public body shall determine if the notice
11    requirement is impracticable on a case-by-case basis.

12        Section  25.   Quorum.   A  member  shall  be  considered
13    present for purposes of determining a quorum if the member is
14    present by electronic means, except in the case  of  meetings
15    to (i) vote on the issuance of bonds or (ii) hold any hearing
16    required by law.

17        Section  30.  Notice.  If one or more members are present
18    at a meeting by electronic means, the public body shall issue
19    a written notice at the meeting stating (i) the names of  the
20    members  present  by  electronic  means,  (ii) the electronic
21    means that the member will use to  attend  the  meeting,  and
22    (iii)  the location of the monitor or speaker phone receiving
23    communications from the member present by electronic means.

24        Section 35.  Conduct.
25        (a)  If one or more members of the public body  attend  a
26    meeting by electronic means, then all votes of the body shall
27    be by roll call.
28        (b)  If a member is present by electronic means, then the
29    member  must  identify  himself  or  herself  by  name and be
30    recognized by the presiding officer before communicating.
 
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 1        Section 40.  Availability.   Any  voice,  electronic,  or
 2    other  transmission  by  electronic  means  made  during  the
 3    meeting  by  a  member  who  is attending a public meeting by
 4    electronic means  shall  be  made  available  to  the  public
 5    concurrent  with  the  transmission  except for those meeting
 6    subject to the exceptions in subsection (c) of Section  2  of
 7    the Open Meetings Act.

 8        Section  45.   Rules.   A  public body may promulgate any
 9    rules, not inconsistent with this Act, concerning  attendance
10    at  meetings  by  electronic  means  and  may  prescribe more
11    stringent requirements,  which  shall  be  binding  upon  the
12    public body, that would give further notice to the public and
13    facilitate public access to meetings.

14        Section 85.  The Open Meetings Act is amended by changing
15    Sections  1.02,  2.02, 2.05, and 2.06 and adding Section 7 as
16    follows:

17        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
18        Sec. 1.02.  For the purposes of this Act:
19        "Meeting" means any gathering of a majority of  a  quorum
20    of  the  members  of  a  public  body held for the purpose of
21    discussing public business, whether  present  physically,  by
22    teleconference,  video  conference,  or  by  other electronic
23    means that enables identifiable voices or other transmissions
24    to be received  from  any  location  and  enables  concurrent
25    actual  ability  to  communicate  with  the member who is not
26    physically present.
27        "Public  body"  includes  all   legislative,   executive,
28    administrative  or  advisory  bodies  of the State, counties,
29    townships,  cities,  villages,  incorporated  towns,   school
30    districts  and  all  other  municipal  corporations,  boards,
31    bureaus,  committees  or  commissions  of this State, and any
 
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 1    subsidiary bodies of any of the foregoing including  but  not
 2    limited  to  committees and subcommittees which are supported
 3    in whole or in part by  tax  revenue,  or  which  expend  tax
 4    revenue,  except  the  General  Assembly  and  committees  or
 5    commissions  thereof.  "Public  body" includes tourism boards
 6    and convention or civic center  boards  located  in  counties
 7    that are contiguous to the Mississippi River with populations
 8    of  more  than  250,000 but less than 300,000.  "Public body"
 9    includes the Health Facilities Planning Board.  "Public body"
10    does not include a child death review team  or  the  Illinois
11    Child  Death Review Teams Executive Council established under
12    the Child Death Review Team  Act  or  an  ethics  commission,
13    ethics  officer,  or ultimate jurisdictional authority acting
14    under the State Gift Ban Act as provided  by  Section  80  of
15    that Act.
16    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

17        (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
18        Sec.  2.02.   Public notice of all meetings, whether open
19    or closed to the public, shall be given as follows:
20        (a)  Every public body shall give public  notice  of  the
21    schedule  of  regular  meetings  at  the  beginning  of  each
22    calendar  or  fiscal  year and shall state the regular dates,
23    times, and places of such meetings.  For  meetings  at  which
24    one  or  more  members  are  present by teleconference, video
25    conference, or other electronic means, the  location  of  the
26    monitor  or  speaker  phone receiving communications from the
27    member present by teleconference or  other  electronic  means
28    shall  be  disclosed in the agenda for the meeting. An agenda
29    for each regular meeting shall be  posted  at  the  principal
30    office  of  the  public  body  and  at the location where the
31    meeting is to be held at least 48 hours  in  advance  of  the
32    holding of the meeting.  The requirement of a regular meeting
33    agenda  shall  not  preclude  the  consideration of items not
 
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 1    specifically set forth in the agenda. Public  notice  of  any
 2    special  meeting except a meeting held in the event of a bona
 3    fide emergency, or of any rescheduled regular meeting, or  of
 4    any  reconvened  meeting,  shall  be  given at least 48 hours
 5    before such meeting, which  notice  shall  also  include  the
 6    agenda  for  the special, rescheduled, or reconvened meeting,
 7    but the validity of any action taken by the public body which
 8    is germane to a subject on the agenda shall not  be  affected
 9    by  other errors or omissions in the agenda.  The requirement
10    of public notice of reconvened meetings does not apply to any
11    case where the meeting was open to the public and (1)  it  is
12    to  be  reconvened within 24 hours, or (2) an announcement of
13    the time and place of the reconvened meeting was made at  the
14    original meeting and there is no change in the agenda. Notice
15    of   an   emergency   meeting  shall  be  given  as  soon  as
16    practicable, but in any event prior to the  holding  of  such
17    meeting, to any news medium which has filed an annual request
18    for notice under subsection (b) of this Section.
19        (b)  Public  notice  shall  be given by posting a copy of
20    the notice at the principal office of the  body  holding  the
21    meeting  or,  if  no  such  office exists, at the building in
22    which the meeting is to be held. The body shall supply copies
23    of the notice of its regular meetings, and of the  notice  of
24    any special, emergency, rescheduled or reconvened meeting, to
25    any  news  medium  that  has filed an annual request for such
26    notice. Any such news medium shall also  be  given  the  same
27    notice  of  all special, emergency, rescheduled or reconvened
28    meetings in the same manner as is given  to  members  of  the
29    body  provided  such news medium has given the public body an
30    address  or   telephone   number   within   the   territorial
31    jurisdiction  of  the public body at which such notice may be
32    given.
33    (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
 
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 1        (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
 2        Sec. 2.05.  Recording meetings.
 3        (a)  Subject to the provisions of Section  8-701  of  the
 4    Code  of Civil Procedure "An Act in relation to the rights of
 5    witnesses at proceedings conducted by  a  court,  commission,
 6    administrative  agency  or other tribunal in this State which
 7    are televised or broadcast or at which  motion  pictures  are
 8    taken",  approved  July  14, 1953, as amended, any person may
 9    record the proceedings at meetings required  to  be  open  by
10    this Act by tape, film or other means.  The authority holding
11    the  meeting  shall  prescribe reasonable rules to govern the
12    right to make such recordings.
13        If a witness at any meeting required to be open  by  this
14    Act which is conducted by a commission, administrative agency
15    or  other tribunal, refuses to testify on the grounds that he
16    may not be  compelled  to  testify  if  any  portion  of  his
17    testimony  is  to  be  broadcast  or  televised  or if motion
18    pictures are to be taken of him while he is  testifying,  the
19    authority  holding  the meeting shall prohibit such recording
20    during the testimony of the witness.  Nothing in this Section
21    shall be construed to extend the right to refuse  to  testify
22    at any meeting not subject to the provisions of Section 8-701
23    of  the  Code  of  Civil Procedure "An Act in relation to the
24    rights of witnesses at  proceedings  conducted  by  a  court,
25    commission,  administrative  agency or other tribunal in this
26    State which are televised or broadcast  or  at  which  motion
27    pictures are taken", approved July 14, 1953, as amended.
28        (b)  In  any  contested  case, as defined by the Illinois
29    Administrative  Procedure  Act,  no  live  testimony  may  be
30    offered except upon  the  physical  presence  of  the  person
31    testifying unless all parties to the contested case waive the
32    requirement  of  physical presence.  Affidavits, depositions,
33    or  other  recorded  evidence  are  otherwise  admissible  as
34    provided by law.
 
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 1    (Source: P.A. 82-378.)

 2        (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
 3        Sec. 2.06.  (a) All  public  bodies  shall  keep  written
 4    minutes  of  all their meetings, whether open or closed. Such
 5    minutes shall include, but need not be limited to:
 6             (1)  the date, time and place of the meeting;
 7             (2)  the members of  the  public  body  recorded  as
 8        either  present  or  absent  and whether the members were
 9        physically present or present by electronic means; and
10             (3)  a  summary  of  discussion   on   all   matters
11        proposed,  deliberated,  or  decided, and a record of any
12        votes taken.
13        (b)  The minutes of meetings open to the public shall  be
14    available for public inspection within 7 days of the approval
15    of  such  minutes  by  the  public  body. Minutes of meetings
16    closed to the public shall be available only after the public
17    body determines that it is no longer necessary to protect the
18    public interest or the privacy of an  individual  by  keeping
19    them confidential.
20        (c)  Each  public  body  shall  periodically, but no less
21    than semi-annually, meet to  review  minutes  of  all  closed
22    meetings.   At  such  meetings a determination shall be made,
23    and reported in  an  open  session  that  (1)  the  need  for
24    confidentiality  still  exists  as  to  all  or part of those
25    minutes or (2) that the minutes or portions thereof no longer
26    require confidential treatment and are available  for  public
27    inspection.
28    (Source: P.A. 88-621, eff. 1-1-95.)

29        (5 ILCS 120/7 new)
30        Sec. 7.  Attendance by electronic means.
31        (a)  If  a  member  is  present  by  speaker phone, video
32    conference, or by other electronic  means,  then  the  member
 
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 1    must identify himself or herself by name and be recognized by
 2    the presiding officer before communicating.
 3        (b)  A  public  body  may  adopt  and  enforce  rules not
 4    inconsistent with  the  provisions  of  this  Act  concerning
 5    attendance at meetings by teleconference, videoconference, or
 6    electronic   means   and   may   prescribe   more   stringent
 7    requirements  binding  upon  the  public body that would give
 8    further notice to the public and facilitate public access  to
 9    meetings.    The   rules   shall   provide  that  any  voice,
10    electronic, or other transmission made during a meeting by  a
11    member     attending    a    meeting    by    teleconference,
12    videoconference, or other  electronic  means  shall  be  made
13    available  to  the  public  concurrent  with the transmission
14    except  for  those  meeting  subject  to  the  exceptions  in
15    subsection (c) of Section 2.