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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4898 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
| | | Amends the Open Meetings Act. Provides that an open or closed meeting subject to the Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, if the National Weather Service has determined that all or part of the jurisdiction of the public body is located within an area that is subject to a severe weather alert on the day of the meeting. Makes conforming changes. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Open Meetings Act is amended by changing |
| 5 | | Section 7 as follows:
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| 6 | | (5 ILCS 120/7) |
| 7 | | Sec. 7. Attendance by a means other than physical |
| 8 | | presence. |
| 9 | | (a) If a quorum of the members of the public body is |
| 10 | | physically present as required by Section 2.01, a majority of |
| 11 | | the public body may allow a member of that body to attend the |
| 12 | | meeting by other means if the member is prevented from |
| 13 | | physically attending because of: (i) personal illness or |
| 14 | | disability; (ii) employment purposes or the business of the |
| 15 | | public body; (iii) a family or other emergency; or (iv) |
| 16 | | unexpected childcare obligations. "Other means" is by video or |
| 17 | | audio conference. |
| 18 | | (b) If a member wishes to attend a meeting by other means, |
| 19 | | the member must notify the recording secretary or clerk of the |
| 20 | | public body before the meeting unless advance notice is |
| 21 | | impractical. |
| 22 | | (c) A majority of the public body may allow a member to |
| 23 | | attend a meeting by other means only in accordance with and to |
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| 1 | | the extent allowed by rules adopted by the public body. The |
| 2 | | rules must conform to the requirements and restrictions of |
| 3 | | this Section, may further limit the extent to which attendance |
| 4 | | by other means is allowed, and may provide for the giving of |
| 5 | | additional notice to the public or further facilitate public |
| 6 | | access to meetings. |
| 7 | | (d) The limitations of this Section shall not apply to (i) |
| 8 | | closed meetings of (A) public bodies with statewide |
| 9 | | jurisdiction, (B) Illinois library systems with jurisdiction |
| 10 | | over a specific geographic area of more than 4,500 square |
| 11 | | miles, (C) municipal transit districts with jurisdiction over |
| 12 | | a specific geographic area of more than 4,500 square miles, or |
| 13 | | (D) local workforce innovation areas with jurisdiction over a |
| 14 | | specific geographic area of more than 4,500 square miles or |
| 15 | | (ii) open or closed meetings of State advisory boards or |
| 16 | | bodies that do not have authority to make binding |
| 17 | | recommendations or determinations or to take any other |
| 18 | | substantive action. State advisory boards or bodies, public |
| 19 | | bodies with statewide jurisdiction, Illinois library systems |
| 20 | | with jurisdiction over a specific geographic area of more than |
| 21 | | 4,500 square miles, municipal transit districts with |
| 22 | | jurisdiction over a specific geographic area of more than |
| 23 | | 4,500 square miles, and local workforce investment areas with |
| 24 | | jurisdiction over a specific geographic area of more than |
| 25 | | 4,500 square miles, however, may permit members to attend |
| 26 | | meetings by other means only in accordance with and to the |
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| 1 | | extent allowed by specific procedural rules adopted by the |
| 2 | | body. For the purposes of this Section, "local workforce |
| 3 | | innovation area" means any local workforce innovation area or |
| 4 | | areas designated by the Governor pursuant to the federal |
| 5 | | Workforce Innovation and Opportunity Act or its reauthorizing |
| 6 | | legislation. |
| 7 | | (e) Subject to the requirements of Section 2.06 but |
| 8 | | notwithstanding any other provision of law, an open or closed |
| 9 | | meeting subject to this Act may be conducted by audio or video |
| 10 | | conference, without the physical presence of a quorum of the |
| 11 | | members, so long as the following conditions are met: |
| 12 | | (1)(A) the Governor or the Director of the Illinois |
| 13 | | Department of Public Health has issued a disaster |
| 14 | | declaration related to public health concerns because of a |
| 15 | | disaster as defined in Section 4 of the Illinois Emergency |
| 16 | | Management Agency Act, and all or part of the jurisdiction |
| 17 | | of the public body is covered by the disaster area; or |
| 18 | | (B) the National Weather Service has determined that |
| 19 | | all or part of the jurisdiction of the public body is |
| 20 | | located within an area that is subject to a severe weather |
| 21 | | alert on the day of the meeting. |
| 22 | | (2) the head of the public body as defined in |
| 23 | | subsection (e) of Section 2 of the Freedom of Information |
| 24 | | Act determines that an in-person meeting or a meeting |
| 25 | | conducted under this Act is not practical or prudent |
| 26 | | because of a disaster or severe weather alert; |
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| 1 | | (3) all members of the body participating in the |
| 2 | | meeting, wherever their physical location, shall be |
| 3 | | verified and can hear one another and can hear all |
| 4 | | discussion and testimony; |
| 5 | | (4) for open meetings, members of the public present |
| 6 | | at the regular meeting location of the body can hear all |
| 7 | | discussion and testimony and all votes of the members of |
| 8 | | the body, unless attendance at the regular meeting |
| 9 | | location is not feasible due to the disaster, including |
| 10 | | the issued disaster declaration, in which case the public |
| 11 | | body must make alternative arrangements and provide notice |
| 12 | | pursuant to this Section of such alternative arrangements |
| 13 | | in a manner to allow any interested member of the public |
| 14 | | access to contemporaneously hear all discussion, |
| 15 | | testimony, and roll call votes, such as by offering a |
| 16 | | telephone number or a web-based link; |
| 17 | | (5) at least one member of the body, chief legal |
| 18 | | counsel, or chief administrative officer is physically |
| 19 | | present at the regular meeting location, unless unfeasible |
| 20 | | due to the disaster, including the issued disaster |
| 21 | | declaration, or severe weather alert; and |
| 22 | | (6) all votes are conducted by roll call, so each |
| 23 | | member's vote on each issue can be identified and |
| 24 | | recorded. |
| 25 | | (7) Except in the event of a bona fide emergency, 48 |
| 26 | | hours' notice shall be given of a meeting to be held |
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| 1 | | pursuant to this Section. Notice shall be given to all |
| 2 | | members of the public body, shall be posted on the website |
| 3 | | of the public body, and shall also be provided to any news |
| 4 | | media who has requested notice of meetings pursuant to |
| 5 | | subsection (a) of Section 2.02 of this Act. If the public |
| 6 | | body declares a bona fide emergency: |
| 7 | | (A) Notice shall be given pursuant to subsection |
| 8 | | (a) of Section 2.02 of this Act, and the presiding |
| 9 | | officer shall state the nature of the emergency at the |
| 10 | | beginning of the meeting. |
| 11 | | (B) The public body must comply with the verbatim |
| 12 | | recording requirements set forth in Section 2.06 of |
| 13 | | this Act. |
| 14 | | (8) Each member of the body participating in a meeting |
| 15 | | by audio or video conference for a meeting held pursuant |
| 16 | | to this Section is considered present at the meeting for |
| 17 | | purposes of determining a quorum and participating in all |
| 18 | | proceedings. |
| 19 | | (9) In addition to the requirements for open meetings |
| 20 | | under Section 2.06, public bodies holding open meetings |
| 21 | | under this subsection (e) must also keep a verbatim record |
| 22 | | of all their meetings in the form of an audio or video |
| 23 | | recording. Verbatim records made under this paragraph (9) |
| 24 | | shall be made available to the public under, and are |
| 25 | | otherwise subject to, the provisions of Section 2.06. |
| 26 | | (10) The public body shall bear all costs associated |