Bill Text: IL SB1537 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Allows meetings to be held by audio or video conference if the head of the public body determines that an in-person meeting or a meeting is not in the best interests of the public body or its members. Makes conforming changes. Modifies the requirements for meetings held by audio or video conference. Allows news outlets to receive notice of all special, emergency, rescheduled, or reconvened meetings by email. Removes provisions concerning meetings held on a legal holiday and certain quorum requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB1537 Detail]

Download: Illinois-2023-SB1537-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1537 Introduced 2/8/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
5 ILCS 120/2.01 from Ch. 102, par. 42.01
5 ILCS 120/2.02 from Ch. 102, par. 42.02
5 ILCS 120/2.03 from Ch. 102, par. 42.03
5 ILCS 120/2.06 from Ch. 102, par. 42.06
5 ILCS 120/7
Amends the Open Meetings Act. Allows meetings to be held by audio or video conference if the head of the public body determines that an in-person meeting or a meeting is not in the best interests of the public body or its members. Makes conforming changes. Modifies the requirements for meetings held by audio or video conference. Allows news outlets to receive notice of all special, emergency, rescheduled, or reconvened meetings by email. Removes provisions concerning meetings held on a legal holiday and certain quorum requirements.
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A BILL FOR
SB1537 LRB103 27822 DTM 54200 b
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
Sections 2.01, 2.02, 2.03, 2.06, and 7 as follows:
(5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
Sec. 2.01. All meetings required by this Act to be public
shall be held at specified times and places that which are
convenient and open to the public or through websites that are
accessible to the public. No meeting required by this Act to be
public shall be held on a legal holiday unless the regular
meeting day falls on that holiday.
Except as otherwise provided in this Act, a quorum of
members of a public body must be physically present at the
location of an open meeting. If, however, an open meeting of a
public body (i) with statewide jurisdiction, (ii) that is an
Illinois library system with jurisdiction over a specific
geographic area of more than 4,500 square miles, (iii) that is
a municipal transit district with jurisdiction over a specific
geographic area of more than 4,500 square miles, or (iv) that
is a local workforce investment area with jurisdiction over a
specific geographic area of more than 4,500 square miles is
held simultaneously at one of its offices and one or more other

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locations in a public building, which may include other of its
offices, through an interactive video conference and the
public body provides public notice and public access as
required under this Act for all locations, then members
physically present in those locations all count towards
determining a quorum. "Public building", as used in this
Section, means any building or portion thereof owned or leased
by any public body. The requirement that a quorum be
physically present at the location of an open meeting shall
not apply, however, to State advisory boards or bodies that do
not have authority to make binding recommendations or
determinations or to take any other substantive action.
Except as otherwise provided in this Act, a quorum of
members of a public body that is not (i) a public body with
statewide jurisdiction, (ii) an Illinois library system with
jurisdiction over a specific geographic area of more than
4,500 square miles, (iii) a municipal transit district with
jurisdiction over a specific geographic area of more than
4,500 square miles, or (iv) a local workforce innovation area
with jurisdiction over a specific geographic area of more than
4,500 square miles must be physically present at the location
of a closed meeting. Other members who are not physically
present at a closed meeting of such a public body may
participate in the meeting by means of a video or audio
conference. For the purposes of this Section, "local workforce
innovation area" means any local workforce innovation area or

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areas designated by the Governor pursuant to the federal
Workforce Innovation and Opportunity Act or its reauthorizing
legislation.
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
Sec. 2.02. Public notice of all meetings, whether open or
closed to the public, shall be given as follows:
(a) Every public body shall give public notice of the
schedule of regular meetings at the beginning of each calendar
or fiscal year and shall state the regular dates, times, and
places of such meetings and the websites, if any, through
which those meetings may be accessed. An agenda for each
regular meeting shall be posted at the principal office of the
public body and at the location where an in-person the meeting
is to be held at least 48 hours in advance of the holding of
the meeting. A public body that has a website that the
full-time staff of the public body maintains shall also post
on its website the agenda of any regular meetings of the
governing body of that public body. Any agenda of a regular
meeting that is posted on a public body's website shall remain
posted on the website until the regular meeting is concluded.
The requirement of a regular meeting agenda shall not preclude
the consideration of items not specifically set forth in the
agenda. Public notice of any special meeting except a meeting
held in the event of a bona fide emergency, or of any

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rescheduled regular meeting, or of any reconvened meeting,
shall be given at least 48 hours before such meeting, which
notice shall also include the agenda for the special,
rescheduled, or reconvened meeting, but the validity of any
action taken by the public body which is germane to a subject
on the agenda shall not be affected by other errors or
omissions in the agenda. The requirement of public notice of
reconvened meetings does not apply to any case where the
meeting was open to the public and (1) it is to be reconvened
within 24 hours, or (2) an announcement of the time and place
of the reconvened meeting, and the website, if any, through
which it is accessible, was made at the original meeting and
there is no change in the agenda. Notice of an emergency
meeting shall be given as soon as practicable, but in any event
prior to the holding of such meeting, to any news medium which
has filed an annual request for notice under subsection (b) of
this Section.
(b) Public notice shall be given by posting a copy of the
notice at the principal office of the body holding the meeting
or, if no such office exists, at the building in which the
in-person meeting is to be held. In addition to posting the
public notice at the principal office or the building in which
the meeting is to be held, a public body that has a website
that the full-time staff of the public body maintains shall
post notice on its website of all meetings of the governing
body of the public body and the website, if any, through which

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those meetings may be accessed. Any notice of an annual
schedule of meetings shall remain on the website until a new
public notice of the schedule of regular meetings is approved.
Any notice of a regular meeting that is posted on a public
body's website shall remain posted on the website until the
regular meeting is concluded. If a public body that is
conducting an audio or video conference meeting does not have
a principal office or a website that the full-time staff of the
public body maintains, notices shall be posted as provided in
Section 2.03 for public bodies without a principal office or
website. The body shall provide supply copies of the notice of
its regular meetings, and of the notice of any special,
emergency, rescheduled or reconvened meeting, to any news
medium that has filed an annual request for such notice. Any
such news medium shall also be given the same notice of all
special, emergency, rescheduled or reconvened meetings in the
same manner as is given to members of the body provided such
news medium has given the public body an address, email
address, or telephone number within the territorial
jurisdiction of the public body at which such notice may be
given. The failure of a public body to post on its website
notice of any meeting or the agenda of any meeting shall not
invalidate any meeting or any actions taken at a meeting.
(c) Any agenda required under this Section shall set forth
the general subject matter of any resolution or ordinance that
will be the subject of final action at the meeting. The public

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body conducting a public meeting shall ensure that at least
one copy of any requested notice and agenda for the meeting is
continuously available for public review during the entire
48-hour period preceding the meeting. Posting of the notice
and agenda on a website that is maintained by the public body
satisfies the requirement for continuous posting under this
subsection (c). If a notice or agenda is not continuously
available for the full 48-hour period due to actions outside
of the control of the public body, then that lack of
availability does not invalidate any meeting or action taken
at a meeting.
(Source: P.A. 97-827, eff. 1-1-13.)
(5 ILCS 120/2.03) (from Ch. 102, par. 42.03)
Sec. 2.03. In addition to the notice required by Section
2.02, each body subject to this Act must, at the beginning of
each calendar or fiscal year, prepare and make available a
schedule of all its regular meetings for such calendar or
fiscal year, listing the times and places of such meetings and
the website, if any, through which those meetings may be
accessed.
If a change is made in regular meeting dates, at least 10
days' notice of such change shall be given by publication in a
newspaper of general circulation in the area in which such
body functions or on the public body's website. However, in
the case of bodies of local governmental units with a

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population of less than 500 in which no newspaper is published
and that do not have a website, such 10 days' notice may be
given by posting a notice of such change in at least 3
prominent places within the governmental unit. Notice of such
change shall also be posted at the principal office of the
public body or on its website, or, if no such office or website
exists, at the building in which the meeting is to be held or
on the county's website. Notice of such change shall also be
supplied to those news media which have filed an annual
request for notice as provided in paragraph (b) of Section
2.02.
(Source: Laws 1967, p. 1960.)
(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
Sec. 2.06. Minutes; right to speak.
(a) All public bodies shall keep written minutes of all
their meetings, whether open or closed, and a verbatim record
of all their closed meetings in the form of an audio or video
recording. Minutes shall include, but need not be limited to:
(1) the date, time, and place of the meeting or the
website, if any, through which it may be accessed;
(2) the members of the public body recorded as either
present or absent and whether the members were physically
present or present by means of video or audio conference;
and
(3) a summary of discussion on all matters proposed,

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deliberated, or decided, and a record of any votes taken.
(b) A public body shall approve the minutes of its open
meeting within 30 days after that meeting or at the public
body's second subsequent regular meeting, whichever is later.
The minutes of meetings open to the public shall be available
for public inspection within 10 days after the approval of
such minutes by the public body. Beginning July 1, 2006, at the
time it complies with the other requirements of this
subsection, a public body that has a website that the
full-time staff of the public body maintains shall post the
minutes of a regular meeting of its governing body open to the
public on the public body's website within 10 days after the
approval of the minutes by the public body. Beginning July 1,
2006, any minutes of meetings open to the public posted on the
public body's website shall remain posted on the website for
at least 60 days after their initial posting.
(c) The verbatim record may be destroyed without
notification to or the approval of a records commission or the
State Archivist under the Local Records Act or the State
Records Act no less than 18 months after the completion of the
meeting recorded but only after:
(1) the public body approves the destruction of a
particular recording; and
(2) the public body approves minutes of the closed
meeting that meet the written minutes requirements of
subsection (a) of this Section.

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(d) Each public body shall periodically meet to review
minutes of all closed meetings. Meetings to review minutes
shall occur every 6 months, or as soon thereafter as is
practicable, taking into account the nature and meeting
schedule of the public body. Committees which are ad hoc in
nature shall review closed session minutes at the later of (1)
6 months from the date of the last review of closed session
minutes or (2) at the next scheduled meeting of the ad hoc
committee. At such meetings a determination shall be made, and
reported in an open session that (1) the need for
confidentiality still exists as to all or part of those
minutes or (2) that the minutes or portions thereof no longer
require confidential treatment and are available for public
inspection. The failure of a public body to strictly comply
with the semi-annual review of closed session written minutes,
whether before or after the effective date of this amendatory
Act of the 94th General Assembly, shall not cause the written
minutes or related verbatim record to become public or
available for inspection in any judicial proceeding, other
than a proceeding involving an alleged violation of this Act,
if the public body, within 60 days of discovering its failure
to strictly comply with the technical requirements of this
subsection, reviews the closed session minutes and determines
and thereafter reports in open session that either (1) the
need for confidentiality still exists as to all or part of the
minutes or verbatim record, or (2) that the minutes or

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recordings or portions thereof no longer require confidential
treatment and are available for public inspection.
(e) Unless the public body has made a determination that
the verbatim recording no longer requires confidential
treatment or otherwise consents to disclosure, the verbatim
record of a meeting closed to the public shall not be open for
public inspection or subject to discovery in any
administrative or judicial proceeding other than one brought
to enforce this Act. In the case of a civil action brought to
enforce this Act, the court, if the judge believes such an
examination is necessary, must conduct such in camera
examination of the verbatim record as it finds appropriate in
order to determine whether there has been a violation of this
Act. In the case of a criminal proceeding, the court may
conduct an examination in order to determine what portions, if
any, must be made available to the parties for use as evidence
in the prosecution. Any such initial inspection must be held
in camera. If the court determines that a complaint or suit
brought for noncompliance under this Act is valid it may, for
the purposes of discovery, redact from the minutes of the
meeting closed to the public any information deemed to qualify
under the attorney-client privilege. The provisions of this
subsection do not supersede the privacy or confidentiality
provisions of State or federal law. Access to verbatim
recordings shall be provided to duly elected officials or
appointed officials filling a vacancy of an elected office in

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a public body, and access shall be granted in the public body's
main office or official storage location, in the presence of a
records secretary, an administrative official of the public
body, or any elected official of the public body. No verbatim
recordings shall be recorded or removed from the public body's
main office or official storage location, except by vote of
the public body or by court order. Nothing in this subsection
(e) is intended to limit the Public Access Counselor's access
to those records necessary to address a request for
administrative review under Section 7.5 of this Act.
(f) Minutes of meetings closed to the public shall be
available only after the public body determines that it is no
longer necessary to protect the public interest or the privacy
of an individual by keeping them confidential, except that
duly elected officials or appointed officials filling a
vacancy of an elected office in a public body shall be provided
access to minutes of meetings closed to the public. Access to
minutes shall be granted in the public body's main office or
official storage location, in the presence of a records
secretary, an administrative official of the public body, or
any elected official of the public body. No minutes of
meetings closed to the public shall be removed from the public
body's main office or official storage location, except by
vote of the public body or by court order. Nothing in this
subsection (f) is intended to limit the Public Access
Counselor's access to those records necessary to address a

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request for administrative review under Section 7.5 of this
Act.
(g) Any person shall be permitted an opportunity to
address public officials under the rules established and
recorded by the public body.
(h) When a public body is dissolved, disbanded,
eliminated, or consolidated by executive action, legislative
action, or referendum, and its functions and responsibilities
are assumed by a unit of local government, the unit of local
government which assumes the functions of the prior public
body shall review the closed session minutes of that public
body pursuant to subsection (d).
(Source: P.A. 102-653, eff. 1-1-22.)
(5 ILCS 120/7)
Sec. 7. Audio or video conference meetings. 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,

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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
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

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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
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) 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;
(1) (2) 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 in the best interests of

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the public body or its members practical or prudent
because of a disaster;
(2) (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;
(3) (4) for open meetings, members of the public
attending the meeting present at the regular meeting
location of the body can hear all discussion and testimony
and all votes of the members of the body, and all attendees
can 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
(4) (6) all votes are conducted by roll call, so each
member's vote on each issue can be identified and

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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
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 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.
(5) each (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; .
(6) in (9) In addition to the requirements for open
meetings under Section 2.06, public bodies holding open
meetings under this Section 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

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paragraph (9) shall be made available to the public under,
and are otherwise subject to, the provisions of Section
2.06; and .
(7) the (10) The public body shall bear all costs
associated with compliance with this Section subsection
(e).
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)