Illinois General Assembly - Full Text of SB2665
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Full Text of SB2665  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/10/2024, by Sen. Mike Porfirio


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 performance of active military duty as a service member. Defines "active military duty" and "service member".

LRB103 35673 AWJ 65748 b





SB2665LRB103 35673 AWJ 65748 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
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; (iii) a family or other emergency; or (iv)
16unexpected childcare obligations; or (v) performance of active
17military duty as a service member. "Other means" is by video or
18audio conference. As used in this subsection:
19    "Active military duty" means service on active duty as a
20member of the Armed Forces of the United States, the Illinois
21National Guard, or any reserve component of the Armed Forces
22of the United States.
23    "Service member" means a resident of Illinois who is a



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1member of any component of the U.S. Armed Forces or the
2National Guard of any state, the District of Columbia, a
3commonwealth, or a territory of the United States.
4    (b) If a member wishes to attend a meeting by other means,
5the member must notify the recording secretary or clerk of the
6public body before the meeting unless advance notice is
8    (c) A majority of the public body may allow a member to
9attend a meeting by other means only in accordance with and to
10the extent allowed by rules adopted by the public body. The
11rules must conform to the requirements and restrictions of
12this Section, may further limit the extent to which attendance
13by other means is allowed, and may provide for the giving of
14additional notice to the public or further facilitate public
15access to meetings.
16    (d) The limitations of this Section shall not apply to (i)
17closed meetings of (A) public bodies with statewide
18jurisdiction, (B) Illinois library systems with jurisdiction
19over a specific geographic area of more than 4,500 square
20miles, (C) municipal transit districts with jurisdiction over
21a specific geographic area of more than 4,500 square miles, or
22(D) local workforce innovation areas with jurisdiction over a
23specific geographic area of more than 4,500 square miles or
24(ii) open or closed meetings of State advisory boards or
25bodies that do not have authority to make binding
26recommendations or determinations or to take any other



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1substantive action. State advisory boards or bodies, public
2bodies with statewide jurisdiction, Illinois library systems
3with jurisdiction over a specific geographic area of more than
44,500 square miles, municipal transit districts with
5jurisdiction over a specific geographic area of more than
64,500 square miles, and local workforce investment areas with
7jurisdiction over a specific geographic area of more than
84,500 square miles, however, may permit members to attend
9meetings by other means only in accordance with and to the
10extent allowed by specific procedural rules adopted by the
11body. For the purposes of this Section, "local workforce
12innovation area" means any local workforce innovation area or
13areas designated by the Governor pursuant to the federal
14Workforce Innovation and Opportunity Act or its reauthorizing
16    (e) Subject to the requirements of Section 2.06 but
17notwithstanding any other provision of law, an open or closed
18meeting subject to this Act may be conducted by audio or video
19conference, without the physical presence of a quorum of the
20members, so long as the following conditions are met:
21        (1) the Governor or the Director of the Illinois
22    Department of Public Health has issued a disaster
23    declaration related to public health concerns because of a
24    disaster as defined in Section 4 of the Illinois Emergency
25    Management Agency Act, and all or part of the jurisdiction
26    of the public body is covered by the disaster area;



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1        (2) the head of the public body as defined in
2    subsection (e) of Section 2 of the Freedom of Information
3    Act determines that an in-person meeting or a meeting
4    conducted under this Act is not practical or prudent
5    because of a disaster;
6        (3) all members of the body participating in the
7    meeting, wherever their physical location, shall be
8    verified and can hear one another and can hear all
9    discussion and testimony;
10        (4) for open meetings, members of the public present
11    at the regular meeting location of the body can hear all
12    discussion and testimony and all votes of the members of
13    the body, unless attendance at the regular meeting
14    location is not feasible due to the disaster, including
15    the issued disaster declaration, in which case the public
16    body must make alternative arrangements and provide notice
17    pursuant to this Section of such alternative arrangements
18    in a manner to allow any interested member of the public
19    access to contemporaneously hear all discussion,
20    testimony, and roll call votes, such as by offering a
21    telephone number or a web-based link;
22        (5) at least one member of the body, chief legal
23    counsel, or chief administrative officer is physically
24    present at the regular meeting location, unless unfeasible
25    due to the disaster, including the issued disaster
26    declaration; and



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1        (6) all votes are conducted by roll call, so each
2    member's vote on each issue can be identified and
3    recorded.
4        (7) Except in the event of a bona fide emergency, 48
5    hours' notice shall be given of a meeting to be held
6    pursuant to this Section. Notice shall be given to all
7    members of the public body, shall be posted on the website
8    of the public body, and shall also be provided to any news
9    media who has requested notice of meetings pursuant to
10    subsection (a) of Section 2.02 of this Act. If the public
11    body declares a bona fide emergency:
12            (A) Notice shall be given pursuant to subsection
13        (a) of Section 2.02 of this Act, and the presiding
14        officer shall state the nature of the emergency at the
15        beginning of the meeting.
16            (B) The public body must comply with the verbatim
17        recording requirements set forth in Section 2.06 of
18        this Act.
19        (8) Each member of the body participating in a meeting
20    by audio or video conference for a meeting held pursuant
21    to this Section is considered present at the meeting for
22    purposes of determining a quorum and participating in all
23    proceedings.
24        (9) In addition to the requirements for open meetings
25    under Section 2.06, public bodies holding open meetings
26    under this subsection (e) must also keep a verbatim record



SB2665- 6 -LRB103 35673 AWJ 65748 b

1    of all their meetings in the form of an audio or video
2    recording. Verbatim records made under this paragraph (9)
3    shall be made available to the public under, and are
4    otherwise subject to, the provisions of Section 2.06.
5        (10) The public body shall bear all costs associated
6    with compliance with this subsection (e).
7(Source: P.A. 103-311, eff. 7-28-23.)