Illinois General Assembly - Full Text of HB4162
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Full Text of HB4162  103rd General Assembly

HB4162 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4162

 

Introduced , by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2.01  from Ch. 102, par. 42.01
5 ILCS 120/7 rep.

    Amends the Open Meetings Act. Provides that, except as otherwise provided in the Act or any other Illinois statute (rather than except as otherwise provided in the Act), a quorum of members of a public body must be physically present at the location of an open meeting or present by video or audio conference at the open meeting (now, members must be physically present at the meeting). Provides that a member is present by video or audio conference at an open meeting if the member can hear and be heard by all other members of the body who are participating in the meeting. Specifies that, if a member wishes to attend a meeting by video or audio conference, the member must notify the recording secretary or clerk of the public body before the meeting, unless providing that advance notice is impractical for the member. Repeals existing provisions concerning the participation of public body members in open meetings by video conference or other means.


LRB103 33578 RJT 63390 b

 

 

A BILL FOR

 

HB4162LRB103 33578 RJT 63390 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 2.01 as follows:
 
6    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
7    Sec. 2.01. All meetings required by this Act to be public
8shall be held at specified times and places which are
9convenient and open to the public. No meeting required by this
10Act to be public shall be held on a legal holiday unless the
11regular meeting day falls on that holiday.
12    Except as otherwise provided in this Act or any other
13Illinois statute, a quorum of members of a public body must be
14physically present at the location of an open meeting or
15present by video or audio conference at the open meeting. For
16the purposes of this Section, a member is present by audio or
17video conference at an open meeting if the member can hear and
18be heard by all other members of the body who are participating
19in the meeting.
20    If a member wishes to attend an open meeting by video or
21audio conference, the member must notify the recording
22secretary or clerk of the public body before the meeting,
23unless providing that advance notice is impractical for the

 

 

HB4162- 2 -LRB103 33578 RJT 63390 b

1member. If, however, an open meeting of a public body (i) with
2statewide jurisdiction, (ii) that is an Illinois library
3system with jurisdiction over a specific geographic area of
4more than 4,500 square miles, (iii) that is a municipal
5transit district with jurisdiction over a specific geographic
6area of more than 4,500 square miles, or (iv) that is a local
7workforce investment area with jurisdiction over a specific
8geographic area of more than 4,500 square miles is held
9simultaneously at one of its offices and one or more other
10locations in a public building, which may include other of its
11offices, through an interactive video conference and the
12public body provides public notice and public access as
13required under this Act for all locations, then members
14physically present in those locations all count towards
15determining a quorum. "Public building", as used in this
16Section, means any building or portion thereof owned or leased
17by any public body. The requirement that a quorum be
18physically present at the location of an open meeting shall
19not apply, however, to State advisory boards or bodies that do
20not have authority to make binding recommendations or
21determinations or to take any other substantive action.
22    Except as otherwise provided in this Act, a quorum of
23members of a public body that is not (i) a public body with
24statewide jurisdiction, (ii) an Illinois library system with
25jurisdiction over a specific geographic area of more than
264,500 square miles, (iii) a municipal transit district with

 

 

HB4162- 3 -LRB103 33578 RJT 63390 b

1jurisdiction over a specific geographic area of more than
24,500 square miles, or (iv) a local workforce innovation area
3with jurisdiction over a specific geographic area of more than
44,500 square miles must be physically present at the location
5of a closed meeting. Other members who are not physically
6present at a closed meeting of such a public body may
7participate in the meeting by means of a video or audio
8conference. For the purposes of this Section, "local workforce
9innovation area" means any local workforce innovation area or
10areas designated by the Governor pursuant to the federal
11Workforce Innovation and Opportunity Act or its reauthorizing
12legislation.
13(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
 
14    (5 ILCS 120/7 rep.)
15    Section 10. The Open Meetings Act is amended by repealing
16Section 7.