Bill Text: IL HB3994 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-28 - Referred to Rules Committee [HB3994 Detail]

Download: Illinois-2023-HB3994-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3994 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
5 ILCS 120/7
Amends the Open Meetings Act. Removes the condition that a disaster declaration related to public health concerns needs to be in effect to conduct meetings by audio or video conference without the physical presence of a quorum. Provides that the presiding officer shall give a reason why conducting an audio or video conference is in the best interest of the public body (instead of the nature of the emergency) at the beginning of the meeting. Makes conforming changes.
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A BILL FOR
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AN ACT concerning 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) (blank); 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;
(2) the head of the public body as defined in
subsection (e) of Section 2 of the Freedom of Information
Act determines that conducting an audio or video
conference is in the best interest of the public body that
an in-person meeting or a meeting conducted under this Act
is not practical or prudent because of a disaster;
(3) 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;

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(4) 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, 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 must make alternative arrangements and provide notice
pursuant to this 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;
(5) at least one member of the body, chief legal
counsel, or chief administrative officer is physically
present at the regular meeting location, unless unfeasible
due to the disaster, including the issued disaster
declaration; and
(6) (blank). all votes are conducted by roll call, so
each member's vote on each issue 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 on the website
of the public body, and shall also be provided to any news
media who has requested notice of meetings pursuant to

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subsection (a) of Section 2.02 of this Act. 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 reason why conducting an audio
or video conference is in the best interest of the
public body 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 is considered present at the meeting for
purposes of determining a quorum and participating in all
proceedings.
(9) (Blank). 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 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) The public body shall bear all costs associated
with compliance with this subsection (e).

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(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)