Bill Text: IL HB1408 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-10 - Added Co-Sponsor Rep. Diane Blair-Sherlock [HB1408 Detail]

Download: Illinois-2023-HB1408-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1408 Introduced , 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.
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A BILL FOR
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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

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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

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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

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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

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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,

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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

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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.)