Illinois General Assembly - Full Text of SB0932
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Full Text of SB0932  102nd General Assembly

SB0932sam001 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 2/22/2022

 

 


 

 


 
10200SB0932sam001LRB102 04753 RJF 36763 a

1
AMENDMENT TO SENATE BILL 932

2    AMENDMENT NO. ______. Amend Senate Bill 932 by replacing
3everything after the enacting clause with the following:
 
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. "Other
16means" is by video or audio conference.

 

 

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1    (b) If a member wishes to attend a meeting by other means,
2the member must notify the recording secretary or clerk of the
3public body before the meeting unless advance notice is
4impractical.
5    (c) A majority of the public body may allow a member to
6attend a meeting by other means only in accordance with and to
7the extent allowed by rules adopted by the public body. The
8rules must conform to the requirements and restrictions of
9this Section, may further limit the extent to which attendance
10by other means is allowed, and may provide for the giving of
11additional notice to the public or further facilitate public
12access to meetings.
13    (d) The limitations of this Section shall not apply to (i)
14closed meetings of (A) public bodies with statewide
15jurisdiction, (B) Illinois library systems with jurisdiction
16over a specific geographic area of more than 4,500 square
17miles, (C) municipal transit districts with jurisdiction over
18a specific geographic area of more than 4,500 square miles, or
19(D) local workforce innovation areas with jurisdiction over a
20specific geographic area of more than 4,500 square miles or
21(ii) open or closed meetings of State advisory boards or
22bodies that do not have authority to make binding
23recommendations or determinations or to take any other
24substantive action. State advisory boards or bodies, public
25bodies with statewide jurisdiction, Illinois library systems
26with jurisdiction over a specific geographic area of more than

 

 

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14,500 square miles, municipal transit districts with
2jurisdiction over a specific geographic area of more than
34,500 square miles, and local workforce investment areas with
4jurisdiction over a specific geographic area of more than
54,500 square miles, however, may permit members to attend
6meetings by other means only in accordance with and to the
7extent allowed by specific procedural rules adopted by the
8body. 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    (e) Subject to the requirements of Section 2.06 but
14notwithstanding any other provision of law, an open or closed
15meeting subject to this Act may be conducted by audio or video
16conference, without the physical presence of a quorum of the
17members, so long as the following conditions are met:
18        (1)(A) the Governor or the Director of the Illinois
19    Department of Public Health has issued a disaster
20    declaration related to public health concerns because of a
21    disaster as defined in Section 4 of the Illinois Emergency
22    Management Agency Act, and all or part of the jurisdiction
23    of the public body is covered by the disaster area; or
24        (B) the elected or appointed presiding officer of the
25    public body determines that an in-person meeting conducted
26    under this Act would pose a risk to the health or safety of

 

 

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1    members of the public body or the public, and that
2    conducting a meeting by an audio or video conference is in
3    the best interest of the public body or the public, and
4    public notice of any meeting given under this subparagraph
5    (B) states the reason or reasons why the presiding officer
6    of the public body made such determination;
7        (2) (Blank); the head of the public body as defined in
8    subsection (e) of Section 2 of the Freedom of Information
9    Act determines that an in-person meeting or a meeting
10    conducted under this Act is not practical or prudent
11    because of a disaster;
12        (3) all members of the body participating in the
13    meeting, wherever their physical location, shall be
14    verified and can hear one another and can hear all
15    discussion and testimony;
16        (4) for open meetings, members of the public present
17    at the regular meeting location of the body can hear all
18    discussion and testimony and all votes of the members of
19    the body, or unless attendance at the regular meeting
20    location is not feasible due to the disaster, including
21    the issued disaster declaration, in which case the public
22    body makes arrangements and provides must make alternative
23    arrangements and provide notice pursuant to this
24    subsection (e) Section of such alternative arrangements in
25    a manner to allow any interested member of the public
26    access to contemporaneously hear all discussion,

 

 

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1    testimony, and roll call votes, such as by offering a
2    telephone number or a web-based link, and to provide a
3    method and notice by which members of the public may
4    provide public comment or address the public body as
5    authorized by subsection (g) of Section 2.06, such as by
6    telephone or web-based link, or by email or written
7    comment to be read aloud at the meeting consistent with
8    the public body's established and recorded rules for
9    public comment;
10        (5) at least one member of the body, its chief legal
11    counsel, or its chief administrative officer is physically
12    present at the regular meeting location, unless unfeasible
13    due to the disaster, including the issued disaster
14    declaration; and
15        (6) all votes are conducted by roll call, and so each
16    member's vote on each issue is can be identified and
17    recorded.
18        (7) Except in the event of a bona fide emergency, 48
19    hours' notice shall be given of a meeting to be held
20    pursuant to this Section. Notice shall be given to all
21    members of the public body, shall be posted in compliance
22    with subsection (a) of Section 2.02 on the website of the
23    public body, and shall also be provided to any news media
24    who has requested notice of meetings pursuant to
25    subsection (a) of Section 2.02 of this Act. For a
26    determination made by an elected or appointed presiding

 

 

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1    officer under subparagraph (B) of paragraph (1) of this
2    Section, the meeting notice and agenda shall include the
3    following: (i) all information necessary for the public to
4    access the audio or video conference, including, but not
5    limited to, the telephone number, web-based link, meeting
6    identification number, passcode, or other method to obtain
7    access; and (ii) for meetings conducted without the public
8    present at the meeting location pursuant to subparagraphs
9    (4) and (5) of this Section, all additional specific
10    information necessary for members of the public to provide
11    public comment or address the public body as authorized by
12    subsection (g) of Section 2.06, such as by telephone
13    number, web-based link, email, or written comment. If the
14    public body declares a bona fide emergency:
15            (A) Notice shall be given pursuant to subsection
16        (a) of Section 2.02 of this Act, and the presiding
17        officer shall state the nature of the emergency at the
18        beginning of the meeting.
19            (B) The public body must comply with the verbatim
20        recording requirements set forth in Section 2.06 of
21        this Act.
22        (8) Each member of the body participating in a meeting
23    by audio or video conference for a meeting held pursuant
24    to this Section is considered present at the meeting for
25    purposes of determining a quorum and participating in all
26    proceedings.

 

 

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1        (9) In addition to the requirements for open meetings
2    under Section 2.06, public bodies holding open meetings
3    under this subsection (e) must also keep a verbatim record
4    of all their meetings in the form of an audio or video
5    recording. Verbatim records made under this paragraph (9)
6    shall be made available to the public under, and are
7    otherwise subject to, the provisions of Section 2.06.
8        (10) The public body shall bear all costs associated
9    with compliance with this subsection (e).
10(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".