093_SB0699sam001











                                     LRB093 03432 MKM 14103 a

 1                    AMENDMENT TO SENATE BILL 699

 2        AMENDMENT NO.     .  Amend Senate Bill 699  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5. The Open Meetings Act is amended by changing
 5    Sections 1.02, 2.02, 2.05, and 2.06 and by adding  Section  7
 6    as follows:

 7        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 8        Sec. 1.02.  For the purposes of this Act:
 9        "Meeting"  means  any gathering of a majority of a quorum
10    of the members of a public  body  held  for  the  purpose  of
11    discussing  public  business,  whether present physically, by
12    teleconference, video  conference,  or  by  other  electronic
13    means that enables identifiable voices or other transmissions
14    to  be  received  from  any  location  and enables concurrent
15    actual ability to communicate with  the  member  who  is  not
16    physically present.
17        "Public   body"   includes  all  legislative,  executive,
18    administrative or advisory bodies  of  the  State,  counties,
19    townships,   cities,  villages,  incorporated  towns,  school
20    districts  and  all  other  municipal  corporations,  boards,
21    bureaus, committees or commissions of  this  State,  and  any
22    subsidiary  bodies  of any of the foregoing including but not
 
                            -2-      LRB093 03432 MKM 14103 a
 1    limited to committees and subcommittees which  are  supported
 2    in  whole  or  in  part  by  tax revenue, or which expend tax
 3    revenue,  except  the  General  Assembly  and  committees  or
 4    commissions thereof. "Public body"  includes  tourism  boards
 5    and  convention  or  civic  center boards located in counties
 6    that are contiguous to the Mississippi River with populations
 7    of more than 250,000 but less than  300,000.   "Public  body"
 8    includes the Health Facilities Planning Board.  "Public body"
 9    does  not  include  a child death review team or the Illinois
10    Child Death Review Teams Executive Council established  under
11    the  Child  Death  Review  Team  Act or an ethics commission,
12    ethics officer, or ultimate jurisdictional  authority  acting
13    under  the  State  Gift  Ban Act as provided by Section 80 of
14    that Act.
15    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

16        (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
17        Sec. 2.02.  Public notice of all meetings,  whether  open
18    or closed to the public, shall be given as follows:
19        (a)  Every  public  body  shall give public notice of the
20    schedule  of  regular  meetings  at  the  beginning  of  each
21    calendar or fiscal year and shall state  the  regular  dates,
22    times,  and  places  of such meetings.  For meetings at which
23    one or more members  are  present  by  teleconference,  video
24    conference, or other electronic means, all locations at which
25    the  public  may participate in the meeting must be disclosed
26    in the agenda. An agenda for each regular  meeting  shall  be
27    posted  at the principal office of the public body and at the
28    location where the meeting is to be held at least 48 hours in
29    advance of the holding of the meeting.  The requirement of  a
30    regular  meeting  agenda shall not preclude the consideration
31    of items not specifically set forth  in  the  agenda.  Public
32    notice  of  any  special meeting except a meeting held in the
33    event of a bona fide emergency, or of any rescheduled regular
 
                            -3-      LRB093 03432 MKM 14103 a
 1    meeting, or of any reconvened  meeting,  shall  be  given  at
 2    least  48  hours before such meeting, which notice shall also
 3    include  the  agenda  for  the   special,   rescheduled,   or
 4    reconvened  meeting,  but the validity of any action taken by
 5    the public body which is germane to a subject on  the  agenda
 6    shall  not  be  affected  by other errors or omissions in the
 7    agenda.  The  requirement  of  public  notice  of  reconvened
 8    meetings  does  not  apply  to any case where the meeting was
 9    open to the public and (1) it is to be reconvened  within  24
10    hours,  or  (2)  an announcement of the time and place of the
11    reconvened meeting was made at the original meeting and there
12    is no change in the agenda. Notice of  an  emergency  meeting
13    shall be given as soon as practicable, but in any event prior
14    to  the holding of such meeting, to any news medium which has
15    filed an annual request for notice under  subsection  (b)  of
16    this Section.
17        (b)  Public  notice  shall  be given by posting a copy of
18    the notice at the principal office of the  body  holding  the
19    meeting  or,  if  no  such  office exists, at the building in
20    which the meeting is to be held. The body shall supply copies
21    of the notice of its regular meetings, and of the  notice  of
22    any special, emergency, rescheduled or reconvened meeting, to
23    any  news  medium  that  has filed an annual request for such
24    notice. Any such news medium shall also  be  given  the  same
25    notice  of  all special, emergency, rescheduled or reconvened
26    meetings in the same manner as is given  to  members  of  the
27    body  provided  such news medium has given the public body an
28    address  or   telephone   number   within   the   territorial
29    jurisdiction  of  the public body at which such notice may be
30    given.
31    (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)

32        (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
33        Sec. 2.05.  Recording meetings.
 
                            -4-      LRB093 03432 MKM 14103 a
 1        (a)  Subject to the provisions of Section  8-701  of  the
 2    Code  of Civil Procedure "An Act in relation to the rights of
 3    witnesses at proceedings conducted by  a  court,  commission,
 4    administrative  agency  or other tribunal in this State which
 5    are televised or broadcast or at which  motion  pictures  are
 6    taken",  approved  July  14, 1953, as amended, any person may
 7    record the proceedings at meetings required  to  be  open  by
 8    this Act by tape, film or other means.  The authority holding
 9    the  meeting  shall  prescribe reasonable rules to govern the
10    right to make such recordings.
11        If a witness at any meeting required to be open  by  this
12    Act which is conducted by a commission, administrative agency
13    or  other tribunal, refuses to testify on the grounds that he
14    may not be  compelled  to  testify  if  any  portion  of  his
15    testimony  is  to  be  broadcast  or  televised  or if motion
16    pictures are to be taken of him while he is  testifying,  the
17    authority  holding  the meeting shall prohibit such recording
18    during the testimony of the witness.  Nothing in this Section
19    shall be construed to extend the right to refuse  to  testify
20    at any meeting not subject to the provisions of Section 8-701
21    of  the  Code  of  Civil Procedure "An Act in relation to the
22    rights of witnesses at  proceedings  conducted  by  a  court,
23    commission,  administrative  agency or other tribunal in this
24    State which are televised or broadcast  or  at  which  motion
25    pictures are taken", approved July 14, 1953, as amended.
26        (b)  In  any  contested  case, as defined by the Illinois
27    Administrative  Procedure  Act,  no  live  testimony  may  be
28    offered except upon  the  physical  presence  of  the  person
29    testifying unless all parties to the contested case waive the
30    requirement  of  physical presence.  Affidavits, depositions,
31    or  other  recorded  evidence  are  otherwise  admissible  as
32    provided by law.
33    (Source: P.A. 82-378.)
 
                            -5-      LRB093 03432 MKM 14103 a
 1        (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
 2        Sec. 2.06.  (a) All  public  bodies  shall  keep  written
 3    minutes  of  all their meetings, whether open or closed. Such
 4    minutes shall include, but need not be limited to:
 5             (1)  the date, time and place of the meeting;
 6             (2)  the members of  the  public  body  recorded  as
 7        either  present  or  absent  and whether the members were
 8        physically present or present by electronic means; and
 9             (3)  a  summary  of  discussion   on   all   matters
10        proposed,  deliberated,  or  decided, and a record of any
11        votes taken.
12        (b)  The minutes of meetings open to the public shall  be
13    available for public inspection within 7 days of the approval
14    of  such  minutes  by  the  public  body. Minutes of meetings
15    closed to the public shall be available only after the public
16    body determines that it is no longer necessary to protect the
17    public interest or the privacy of an  individual  by  keeping
18    them confidential.
19        (c)  Each  public  body  shall  periodically, but no less
20    than semi-annually, meet to  review  minutes  of  all  closed
21    meetings.   At  such  meetings a determination shall be made,
22    and reported in  an  open  session  that  (1)  the  need  for
23    confidentiality  still  exists  as  to  all  or part of those
24    minutes or (2) that the minutes or portions thereof no longer
25    require confidential treatment and are available  for  public
26    inspection.
27    (Source: P.A. 88-621, eff. 1-1-95.)

28        (5 ILCS 120/7 new)
29        Sec. 7.  Attendance by electronic means.
30        (a)  At  any  regular,  special, emergency, or reconvened
31    meeting  held  pursuant  to  the  public  notice  and  agenda
32    requirements of this Act, so long as a majority of  a  quorum
33    of  the  members  of the public body are present at the place
 
                            -6-      LRB093 03432 MKM 14103 a
 1    designated in the notice of the meeting, a member of a public
 2    body may attend the meeting by electronic means if the member
 3    is  prevented  from  physically  attending  because  of:  (i)
 4    personal  illness  or  disability;  (ii)  absence  from   the
 5    district  of  the  public  body  for  personal  reasons,  for
 6    employment  purposes, or for the business of the public body;
 7    or (iii)  a  family  or  other  emergency.  Unless  a  member
 8    presents  a  document  from his or her physician attesting to
 9    the member's inability to  physically  attend  a  meeting  or
10    meetings,  a  member  may not attend by electronic means more
11    than half of the meetings of  that  public  body  held  in  a
12    calendar year.
13        (b)  If a member wishes to attend a meeting by electronic
14    means,  the  member  shall notify the public body at least 48
15    hours before the meeting  unless  impracticable.  The  public
16    body   shall   determine   if   the   notice  requirement  is
17    impracticable on a case-by-case basis.
18        (c)  A member shall be considered present for purposes of
19    determining a quorum if the member is present  by  electronic
20    means,  except  in  the  case of meetings to: (i) vote on the
21    issuance of bonds; or (ii) hold any hearing required by law.
22        (d)  If one or more members are present at a  meeting  by
23    electronic  means,  the  public  body  shall  issue a written
24    notice at the meeting stating the following: (i) the names of
25    the members present by electronic means; (ii) the  electronic
26    means  that  the  member  will use to attend the meeting; and
27    (iii) the location of the monitor or  speakerphone  receiving
28    communications from the member present by electronic means.
29        (e)  If  one  or more members of the public body attend a
30    meeting by electronic means, then all votes of the body shall
31    be by roll call.
32        (f)  If a member is present by electronic means, then the
33    member must identify  himself  or  herself  by  name  and  be
34    recognized by the presiding officer before communicating.
 
                            -7-      LRB093 03432 MKM 14103 a
 1        (g)  Any  voice,  electronic,  or  other  transmission by
 2    electronic means made during the meeting by a member  who  is
 3    attending  a public meeting by electronic means shall be made
 4    available to the  public  concurrent  with  the  transmission
 5    except  for  those  meetings  subject  to  the  exceptions in
 6    subsection (c) of Section 2 of this Act.
 7        (h)  A  public  body  may  promulgate  any   rules,   not
 8    inconsistent with this Act, concerning attendance at meetings
 9    by   electronic   means  and  may  prescribe  more  stringent
10    requirements, which shall be binding upon  the  public  body,
11    that  would  give further notice to the public and facilitate
12    public access to meetings.".