Illinois General Assembly - Full Text of HB4402
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Full Text of HB4402  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/16/2024, by Rep. Daniel Didech


5 ILCS 120/1.02  from Ch. 102, par. 41.02
5 ILCS 120/7

    Amends the Open Meetings Act. Defines the terms "bona fide emergency" and "exigent circumstances". Provides that, if a quorum of the members of a public body is physically present at a meeting, 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 things, exigent circumstances concerning a family member (rather than because of, among other things, a family or other emergency).

LRB103 36387 JDS 66488 b





HB4402LRB103 36387 JDS 66488 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
5Sections 1.02 and 7 as follows:
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Bona fide emergency" means a disaster, an act of terror,
9or any other occurrence that the public body determines is a
10threat to the continuity of governmental operations or
11endangers the health or safety of the public.
12    "Exigent circumstances" means a situation requiring
13immediate attention, including, but not limited to, injury,
14sickness, loss of life, or damage to property.
15    "Meeting" means any gathering, whether in person or by
16video or audio conference, telephone call, electronic means
17(such as, without limitation, electronic mail, electronic
18chat, and instant messaging), or other means of
19contemporaneous interactive communication, of a majority of a
20quorum of the members of a public body held for the purpose of
21discussing public business or, for a 5-member public body, a
22quorum of the members of a public body held for the purpose of
23discussing public business.



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1    Accordingly, for a 5-member public body, 3 members of the
2body constitute a quorum and the affirmative vote of 3 members
3is necessary to adopt any motion, resolution, or ordinance,
4unless a greater number is otherwise required.
5    "Public body" includes all legislative, executive,
6administrative or advisory bodies of the State, counties,
7townships, cities, villages, incorporated towns, school
8districts and all other municipal corporations, boards,
9bureaus, committees or commissions of this State, and any
10subsidiary bodies of any of the foregoing including but not
11limited to committees and subcommittees which are supported in
12whole or in part by tax revenue, or which expend tax revenue,
13except the General Assembly and committees or commissions
14thereof. "Public body" includes tourism boards and convention
15or civic center boards located in counties that are contiguous
16to the Mississippi River with populations of more than 250,000
17but less than 300,000. "Public body" includes the Health
18Facilities and Services Review Board. "Public body" does not
19include a child death review team or the Illinois Child Death
20Review Teams Executive Council established under the Child
21Death Review Team Act, an ethics commission acting under the
22State Officials and Employees Ethics Act, a regional youth
23advisory board or the Statewide Youth Advisory Board
24established under the Department of Children and Family
25Services Statewide Youth Advisory Board Act, or the Illinois
26Independent Tax Tribunal.



HB4402- 3 -LRB103 36387 JDS 66488 b

1(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
2    (5 ILCS 120/7)
3    Sec. 7. Attendance by a means other than physical
5    (a) If a quorum of the members of the public body is
6physically present as required by Section 2.01, a majority of
7the public body may allow a member of that body to attend the
8meeting by other means if the member is prevented from
9physically attending because of: (i) personal illness or
10disability; (ii) employment purposes or the business of the
11public body; (iii) exigent circumstances concerning a family
12member a family or other emergency; or (iv) unexpected
13childcare obligations. "Other means" is by video or audio
15    (b) If a member wishes to attend a meeting by other means,
16the member must notify the recording secretary or clerk of the
17public body before the meeting unless advance notice is
19    (c) A majority of the public body may allow a member to
20attend a meeting by other means only in accordance with and to
21the extent allowed by rules adopted by the public body. The
22rules must conform to the requirements and restrictions of
23this Section, may further limit the extent to which attendance
24by other means is allowed, and may provide for the giving of
25additional notice to the public or further facilitate public



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1access to meetings.
2    (d) The limitations of this Section shall not apply to (i)
3closed meetings of (A) public bodies with statewide
4jurisdiction, (B) Illinois library systems with jurisdiction
5over a specific geographic area of more than 4,500 square
6miles, (C) municipal transit districts with jurisdiction over
7a specific geographic area of more than 4,500 square miles, or
8(D) local workforce innovation areas with jurisdiction over a
9specific geographic area of more than 4,500 square miles or
10(ii) open or closed meetings of State advisory boards or
11bodies that do not have authority to make binding
12recommendations or determinations or to take any other
13substantive action. State advisory boards or bodies, public
14bodies with statewide jurisdiction, Illinois library systems
15with jurisdiction over a specific geographic area of more than
164,500 square miles, municipal transit districts with
17jurisdiction over a specific geographic area of more than
184,500 square miles, and local workforce investment areas with
19jurisdiction over a specific geographic area of more than
204,500 square miles, however, may permit members to attend
21meetings by other means only in accordance with and to the
22extent allowed by specific procedural rules adopted by the
23body. For the purposes of this Section, "local workforce
24innovation area" means any local workforce innovation area or
25areas designated by the Governor pursuant to the federal
26Workforce Innovation and Opportunity Act or its reauthorizing



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2    (e) Subject to the requirements of Section 2.06 but
3notwithstanding any other provision of law, an open or closed
4meeting subject to this Act may be conducted by audio or video
5conference, without the physical presence of a quorum of the
6members, so long as the following conditions are met:
7        (1) the Governor or the Director of the Illinois
8    Department of Public Health has issued a disaster
9    declaration related to public health concerns because of a
10    disaster as defined in Section 4 of the Illinois Emergency
11    Management Agency Act, and all or part of the jurisdiction
12    of the public body is covered by the disaster area;
13        (2) the head of the public body as defined in
14    subsection (e) of Section 2 of the Freedom of Information
15    Act determines that an in-person meeting or a meeting
16    conducted under this Act is not practical or prudent
17    because of a disaster;
18        (3) all members of the body participating in the
19    meeting, wherever their physical location, shall be
20    verified and can hear one another and can hear all
21    discussion and testimony;
22        (4) for open meetings, members of the public present
23    at the regular meeting location of the body can hear all
24    discussion and testimony and all votes of the members of
25    the body, unless attendance at the regular meeting
26    location is not feasible due to the disaster, including



HB4402- 6 -LRB103 36387 JDS 66488 b

1    the issued disaster declaration, in which case the public
2    body must make alternative arrangements and provide notice
3    pursuant to this Section of such alternative arrangements
4    in a manner to allow any interested member of the public
5    access to contemporaneously hear all discussion,
6    testimony, and roll call votes, such as by offering a
7    telephone number or a web-based link;
8        (5) at least one member of the body, chief legal
9    counsel, or chief administrative officer is physically
10    present at the regular meeting location, unless unfeasible
11    due to the disaster, including the issued disaster
12    declaration; and
13        (6) all votes are conducted by roll call, so each
14    member's vote on each issue can be identified and
15    recorded.
16        (7) Except in the event of a bona fide emergency, 48
17    hours' notice shall be given of a meeting to be held
18    pursuant to this Section. Notice shall be given to all
19    members of the public body, shall be posted on the website
20    of the public body, and shall also be provided to any news
21    media who has requested notice of meetings pursuant to
22    subsection (a) of Section 2.02 of this Act. If the public
23    body declares a bona fide emergency:
24            (A) Notice shall be given pursuant to subsection
25        (a) of Section 2.02 of this Act, and the presiding
26        officer shall state the nature of the emergency at the



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1        beginning of the meeting.
2            (B) The public body must comply with the verbatim
3        recording requirements set forth in Section 2.06 of
4        this Act.
5        (8) Each member of the body participating in a meeting
6    by audio or video conference for a meeting held pursuant
7    to this Section is considered present at the meeting for
8    purposes of determining a quorum and participating in all
9    proceedings.
10        (9) In addition to the requirements for open meetings
11    under Section 2.06, public bodies holding open meetings
12    under this subsection (e) must also keep a verbatim record
13    of all their meetings in the form of an audio or video
14    recording. Verbatim records made under this paragraph (9)
15    shall be made available to the public under, and are
16    otherwise subject to, the provisions of Section 2.06.
17        (10) The public body shall bear all costs associated
18    with compliance with this subsection (e).
19(Source: P.A. 103-311, eff. 7-28-23.)