102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2830   Introduced 2/19/2021, by Rep. Dan Caulkins   SYNOPSIS AS INTRODUCED:   5 ILCS 120/7     Amends the Open Meetings Act. Provides that a public body shall not conduct a closed meeting by audio or video conference, and shall conduct such meetings only with the physical presence of a quorum of the members of the public body. Makes conforming changes. LRB102 11361 RJF 16694 b     A BILL FOR
HB2830 LRB102 11361 RJF 16694 b
1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Open Meetings Act is amended by changing
5		Section 7 as follows:
6		(5 ILCS 120/7)
7		Sec. 7. Attendance by a means other than physical
8		presence.
9		(a) If a quorum of the members of the public body is
10		physically present as required by Section 2.01, a majority of
11		the public body may allow a member of that body to attend the
12		meeting by other means if the member is prevented from
13		physically attending because of: (i) personal illness or
14		disability; (ii) employment purposes or the business of the
15		public body; or (iii) a family or other emergency. "Other
16		means" is by video or audio conference.
17		(b) If a member wishes to attend a meeting by other means,
18		the member must notify the recording secretary or clerk of the
19		public body before the meeting unless advance notice is
20		impractical.
21		(c) A majority of the public body may allow a member to
22		attend a meeting by other means only in accordance with and to
23		the extent allowed by rules adopted by the public body. The

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

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

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1		at the regular meeting location of the body can hear all
2		discussion and testimony and all votes of the members of
3		the body, unless attendance at the regular meeting
4		location is not feasible due to the disaster, including
5		the issued disaster declaration, in which case the public
6		body must make alternative arrangements and provide notice
7		pursuant to this Section of such alternative arrangements
8		in a manner to allow any interested member of the public
9		access to contemporaneously hear all discussion,
10		testimony, and roll call votes, such as by offering a
11		telephone number or a web-based link;
12		(5) at least one member of the body, chief legal
13		counsel, or chief administrative officer is physically
14		present at the regular meeting location, unless unfeasible
15		due to the disaster, including the issued disaster
16		declaration; and
17		(6) all votes are conducted by roll call, so each
18		member's vote on each issue can be identified and
19		recorded.
20		(7) Except in the event of a bona fide emergency, 48
21		hours' notice shall be given of a meeting to be held
22		pursuant to this Section. Notice shall be given to all
23		members of the public body, shall be posted on the website
24		of the public body, and shall also be provided to any news
25		media who has requested notice of meetings pursuant to
26		subsection (a) of Section 2.02 of this Act. If the public

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1		body declares a bona fide emergency:
2		(A) Notice shall be given pursuant to subsection
3		(a) of Section 2.02 of this Act, and the presiding
4		officer shall state the nature of the emergency at the
5		beginning of the meeting.
6		(B) The public body must comply with the verbatim
7		recording requirements set forth in Section 2.06 of
8		this Act.
9		(8) Each member of the body participating in a meeting
10		by audio or video conference for a meeting held pursuant
11		to this Section is considered present at the meeting for
12		purposes of determining a quorum and participating in all
13		proceedings.
14		(9) In addition to the requirements for open meetings
15		under Section 2.06, public bodies holding open meetings
16		under this subsection (e) must also keep a verbatim record
17		of all their meetings in the form of an audio or video
18		recording. Verbatim records made under this paragraph (9)
19		shall be made available to the public under, and are
20		otherwise subject to, the provisions of Section 2.06.
21		(10) The public body shall bear all costs associated
22		with compliance with this subsection (e).
23		(f) Notwithstanding any other provision of law to the
24		contrary, on and after the effective date of this amendatory
25		Act of the 102nd General Assembly, a public body shall not
26		conduct a closed meeting by audio or video conference, and

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1		shall conduct such meetings only with the physical presence of
2		a quorum of the members of the public body.
3		(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)