Illinois General Assembly - Bill Status for HB1038

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.

Deletes everything after the enacting clause. Amends the Open Meetings Act. Redefines a "meeting" to include gatherings, whether in person or by telephone call, video or audio conference, electronic means (such as e-mail, chat, and instant messaging), or other means of 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). Requires that the number of public body members necessary to constitute a quorum must be physically present at a meeting and that members in excess of the number required for a quorum may participate by means of a video or audio conference. If a member attends by video or audio conference, requires the minutes reflect his or her attendance by video or audio conference. Updates references to Code of Civil Procedure citations. Specifies the conditions under which a public body member not necessary for a quorum may attend a meeting by other than physical presence and permits public bodies to adopt additional provisions by rule.

Deletes everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes: Requires the physical presence of a quorum at an open meeting (now, a meeting) and exempts from this requirement State advisory boards or bodies not authorized to make binding recommendations or determinations or to take other substantive action. Permits those boards and bodies to adopt procedures for members to attend meetings by audio or video conference. Amends the Environmental Protection Act. When there is no vacancy, sets the quorum of the Pollution Control Board at 3, (now, 4) members.

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