102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4124

 

Introduced 9/3/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/7

    Amends the Open Meetings Act. Provides that if a quorum of the members of the public body is physically present, 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, among other circumstances, childcare obligations.


LRB102 19308 RJF 28074 b

 

 

A BILL FOR

 

HB4124LRB102 19308 RJF 28074 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 7 as follows:
 
6    (5 ILCS 120/7)
7    Sec. 7. Attendance by a means other than physical
8presence.
9    (a) If a quorum of the members of the public body is
10physically present as required by Section 2.01, a majority of
11the public body may allow a member of that body to attend the
12meeting by other means if the member is prevented from
13physically attending because of: (i) personal illness or
14disability; (ii) employment purposes or the business of the
15public body; or (iii) a family or other emergency; or (iv)
16childcare obligations. "Other means" is by video or audio
17conference.
18    (b) If a member wishes to attend a meeting by other means,
19the member must notify the recording secretary or clerk of the
20public body before the meeting unless advance notice is
21impractical.
22    (c) A majority of the public body may allow a member to
23attend a meeting by other means only in accordance with and to

 

 

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1the extent allowed by rules adopted by the public body. The
2rules must conform to the requirements and restrictions of
3this Section, may further limit the extent to which attendance
4by other means is allowed, and may provide for the giving of
5additional notice to the public or further facilitate public
6access to meetings.
7    (d) The limitations of this Section shall not apply to (i)
8closed meetings of (A) public bodies with statewide
9jurisdiction, (B) Illinois library systems with jurisdiction
10over a specific geographic area of more than 4,500 square
11miles, (C) municipal transit districts with jurisdiction over
12a specific geographic area of more than 4,500 square miles, or
13(D) local workforce innovation areas with jurisdiction over a
14specific geographic area of more than 4,500 square miles or
15(ii) open or closed meetings of State advisory boards or
16bodies that do not have authority to make binding
17recommendations or determinations or to take any other
18substantive action. State advisory boards or bodies, public
19bodies with statewide jurisdiction, Illinois library systems
20with jurisdiction over a specific geographic area of more than
214,500 square miles, municipal transit districts with
22jurisdiction over a specific geographic area of more than
234,500 square miles, and local workforce investment areas with
24jurisdiction over a specific geographic area of more than
254,500 square miles, however, may permit members to attend
26meetings by other means only in accordance with and to the

 

 

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1extent allowed by specific procedural rules adopted by the
2body. For the purposes of this Section, "local workforce
3innovation area" means any local workforce innovation area or
4areas designated by the Governor pursuant to the federal
5Workforce Innovation and Opportunity Act or its reauthorizing
6legislation.
7    (e) Subject to the requirements of Section 2.06 but
8notwithstanding any other provision of law, an open or closed
9meeting subject to this Act may be conducted by audio or video
10conference, without the physical presence of a quorum of the
11members, so long as the following conditions are met:
12        (1) 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;
18        (2) the head of the public body as defined in
19    subsection (e) of Section 2 of the Freedom of Information
20    Act determines that an in-person meeting or a meeting
21    conducted under this Act is not practical or prudent
22    because of a disaster;
23        (3) all members of the body participating in the
24    meeting, wherever their physical location, shall be
25    verified and can hear one another and can hear all
26    discussion and testimony;

 

 

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1        (4) for open meetings, members of the public present
2    at the regular meeting location of the body can hear all
3    discussion and testimony and all votes of the members of
4    the body, unless attendance at the regular meeting
5    location is not feasible due to the disaster, including
6    the issued disaster declaration, in which case the public
7    body must make alternative arrangements and provide notice
8    pursuant to this Section of such alternative arrangements
9    in a manner to allow any interested member of the public
10    access to contemporaneously hear all discussion,
11    testimony, and roll call votes, such as by offering a
12    telephone number or a web-based link;
13        (5) at least one member of the body, chief legal
14    counsel, or chief administrative officer is physically
15    present at the regular meeting location, unless unfeasible
16    due to the disaster, including the issued disaster
17    declaration; and
18        (6) all votes are conducted by roll call, so each
19    member's vote on each issue can be identified and
20    recorded.
21        (7) Except in the event of a bona fide emergency, 48
22    hours' notice shall be given of a meeting to be held
23    pursuant to this Section. Notice shall be given to all
24    members of the public body, shall be posted on the website
25    of the public body, and shall also be provided to any news
26    media who has requested notice of meetings pursuant to

 

 

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1    subsection (a) of Section 2.02 of this Act. If the public
2    body declares a bona fide emergency:
3            (A) Notice shall be given pursuant to subsection
4        (a) of Section 2.02 of this Act, and the presiding
5        officer shall state the nature of the emergency at the
6        beginning of the meeting.
7            (B) The public body must comply with the verbatim
8        recording requirements set forth in Section 2.06 of
9        this Act.
10        (8) Each member of the body participating in a meeting
11    by audio or video conference for a meeting held pursuant
12    to this Section is considered present at the meeting for
13    purposes of determining a quorum and participating in all
14    proceedings.
15        (9) In addition to the requirements for open meetings
16    under Section 2.06, public bodies holding open meetings
17    under this subsection (e) must also keep a verbatim record
18    of all their meetings in the form of an audio or video
19    recording. Verbatim records made under this paragraph (9)
20    shall be made available to the public under, and are
21    otherwise subject to, the provisions of Section 2.06.
22        (10) The public body shall bear all costs associated
23    with compliance with this subsection (e).
24(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)