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Full Text of HB0048
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HB0048 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0048
Introduced 1/9/2025, by Rep. David Friess
SYNOPSIS AS INTRODUCED:
5 ILCS 120/2.01
from Ch. 102, par. 42.01
5 ILCS 120/7
Amends the Open Meetings Act. In a provision permitting an
interactive video conference in establishing a quorum for a local
workforce investment area in an open meeting of that public body, with
certain conditions, adds that a tourism board, convention center board, or
civic center board also is permitted to use an interactive video
conference in establishing a quorum, with the same conditions. In a
provision exempting a local workforce innovation area, with certain
conditions, from requirements to be physically present at the location of
a closed meeting, adds the same exemption for a tourism board, convention
center board, or civic center board, with the same conditions. In a
provision exempting a local workforce innovation area, with certain
conditions, from limitations regarding attendance by members of a public
body by a means other than physical presence, adds the same exemption for a
tourism board, convention center board, or civic center board, with the
same conditions. Replaces references to "local workforce innovation areas"
with references to "local workforce investment areas" in provisions
regarding exemptions from requirements to be physically present at the
location of a closed meeting and exemptions from limitations regarding
attendance by other than physical presence.
LRB104 03148 BDA 13169 b
A BILL FOR
HB0048
LRB104 03148 BDA 13169 b
1
AN ACT concerning State 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
Sections 2.01 and 7 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
8
shall be held at specified times and places which are
9
convenient and open to the public. No meeting required by this
10
Act to be public shall be held on a legal holiday unless the
11
regular meeting day falls on that holiday.
12
Except as otherwise provided in this Act, a quorum of
13
members of a public body must be physically present at the
14
location of an open meeting. If, however, an open meeting of a
15
public body (i) with statewide jurisdiction, (ii) that is an
16
Illinois library system with jurisdiction over a specific
17
geographic area of more than 4,500 square miles, (iii) that is
18
a municipal transit district with jurisdiction over a specific
19
geographic area of more than 4,500 square miles, or (iv)
that
20
is a local workforce investment area
with jurisdiction over a
21
specific geographic area of more than 4,500 square miles
that
22
is a local workforce investment area, tourism board,
23
convention center board, or civic center board
is held
HB0048
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LRB104 03148 BDA 13169 b
1
simultaneously at one of its offices and one or more other
2
locations in a public building, which may include other of its
3
offices, through an interactive video conference and the
4
public body provides public notice and public access as
5
required under this Act for all locations, then members
6
physically present in those locations all count towards
7
determining a quorum. "Public building", as used in this
8
Section, means any building or portion thereof owned or leased
9
by any public body. The requirement that a quorum be
10
physically present at the location of an open meeting shall
11
not apply, however, to State advisory boards or bodies that do
12
not have authority to make binding recommendations or
13
determinations or to take any other substantive action.
14
Except as otherwise provided in this Act, a quorum of
15
members of a public body that is not (i) a public body with
16
statewide jurisdiction, (ii) an Illinois library system with
17
jurisdiction over a specific geographic area of more than
18
4,500 square miles, (iii) a municipal transit district with
19
jurisdiction over a specific geographic area of more than
20
4,500 square miles, or (iv)
a public body
a local workforce
21
innovation area
with jurisdiction over a specific geographic
22
area of more than 4,500 square miles
that is a local workforce
23
investment area, tourism board, convention center board, or
24
civic center board
must be physically present at the location
25
of a closed meeting. Other members who are not physically
26
present at a closed meeting of such a public body may
HB0048
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LRB104 03148 BDA 13169 b
1
participate in the meeting by means of a video or audio
2
conference. For the purposes of this Section, "local workforce
3
innovation area" means any local workforce innovation area or
4
areas designated by the Governor pursuant to the federal
5
Workforce Innovation and Opportunity Act or its reauthorizing
6
legislation.
7
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
8
(5 ILCS 120/7)
9
Sec. 7.
Attendance by a means other than physical
10
presence.
11
(a) If a quorum of the members of the public body is
12
physically present as required by Section 2.01, a majority of
13
the public body may allow a member of that body to attend the
14
meeting by other means if the member is prevented from
15
physically attending because of: (i) personal illness or
16
disability; (ii) employment purposes or the business of the
17
public body; (iii) a family or other emergency; or (iv)
18
unexpected childcare obligations. "Other means" is by video or
19
audio conference.
20
(b) If a member wishes to attend a meeting by other means,
21
the member must notify the recording secretary or clerk of the
22
public body before the meeting unless advance notice is
23
impractical.
24
(c) A majority of the public body may allow a member to
25
attend a meeting by other means only in accordance with and to
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LRB104 03148 BDA 13169 b
1
the extent allowed by rules adopted by the public body. The
2
rules must conform to the requirements and restrictions of
3
this Section, may further limit the extent to which attendance
4
by other means is allowed, and may provide for the giving of
5
additional notice to the public or further facilitate public
6
access to meetings.
7
(d) The limitations of this Section shall not apply to (i)
8
closed meetings of (A) public bodies with statewide
9
jurisdiction, (B) Illinois library systems with jurisdiction
10
over a specific geographic area of more than 4,500 square
11
miles, (C) municipal transit districts with jurisdiction over
12
a specific geographic area of more than 4,500 square miles, or
13
(D)
public bodies
local workforce innovation areas
with
14
jurisdiction over a specific geographic area of more than
15
4,500 square miles
that are a local workforce investment area,
16
tourism board, convention center board, or civic center board
17
or (ii) open or closed meetings of State advisory boards or
18
bodies that do not have authority to make binding
19
recommendations or determinations or to take any other
20
substantive action. State advisory boards or bodies, public
21
bodies with statewide jurisdiction, Illinois library systems
22
with jurisdiction over a specific geographic area of more than
23
4,500 square miles, municipal transit districts with
24
jurisdiction over a specific geographic area of more than
25
4,500 square miles, and local workforce investment areas with
26
jurisdiction over a specific geographic area of more than
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LRB104 03148 BDA 13169 b
1
4,500 square miles, however, may permit members to attend
2
meetings by other means only in accordance with and to the
3
extent allowed by specific procedural rules adopted by the
4
body. For the purposes of this Section, "local workforce
5
innovation area" means any local workforce innovation area or
6
areas designated by the Governor pursuant to the federal
7
Workforce Innovation and Opportunity Act or its reauthorizing
8
legislation.
9
(e) Subject to the requirements of Section 2.06 but
10
notwithstanding any other provision of law, an open or closed
11
meeting subject to this Act may be conducted by audio or video
12
conference, without the physical presence of a quorum of the
13
members, so long as the following conditions are met:
14
(1) the Governor or the Director of the Illinois
15
Department of Public Health has issued a disaster
16
declaration related to public health concerns because of a
17
disaster as defined in Section 4 of the Illinois Emergency
18
Management Agency Act, and all or part of the jurisdiction
19
of the public body is covered by the disaster area;
20
(2) the head of the public body as defined in
21
subsection (e) of Section 2 of the Freedom of Information
22
Act determines that an in-person meeting or a meeting
23
conducted under this Act is not practical or prudent
24
because of a disaster;
25
(3) all members of the body participating in the
26
meeting, wherever their physical location, shall be
HB0048
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LRB104 03148 BDA 13169 b
1
verified and can hear one another and can hear all
2
discussion and testimony;
3
(4) for open meetings, members of the public present
4
at the regular meeting location of the body can hear all
5
discussion and testimony and all votes of the members of
6
the body, unless attendance at the regular meeting
7
location is not feasible due to the disaster, including
8
the issued disaster declaration, in which case the public
9
body must make alternative arrangements and provide notice
10
pursuant to this Section of such alternative arrangements
11
in a manner to allow any interested member of the public
12
access to contemporaneously hear all discussion,
13
testimony, and roll call votes, such as by offering a
14
telephone number or a web-based link;
15
(5) at least one member of the body, chief legal
16
counsel, or chief administrative officer is physically
17
present at the regular meeting location, unless unfeasible
18
due to the disaster, including the issued disaster
19
declaration; and
20
(6) all votes are conducted by roll call, so each
21
member's vote on each issue can be identified and
22
recorded.
23
(7) Except in the event of a bona fide emergency, 48
24
hours' notice shall be given of a meeting to be held
25
pursuant to this Section. Notice shall be given to all
26
members of the public body, shall be posted on the website
HB0048
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LRB104 03148 BDA 13169 b
1
of the public body, and shall also be provided to any news
2
media who has requested notice of meetings pursuant to
3
subsection (a) of Section 2.02 of this Act. If the public
4
body declares a bona fide emergency:
5
(A) Notice shall be given pursuant to subsection
6
(a) of Section 2.02 of this Act, and the presiding
7
officer shall state the nature of the emergency at the
8
beginning of the meeting.
9
(B) The public body must comply with the verbatim
10
recording requirements set forth in Section 2.06 of
11
this Act.
12
(8) Each member of the body participating in a meeting
13
by audio or video conference for a meeting held pursuant
14
to this Section is considered present at the meeting for
15
purposes of determining a quorum and participating in all
16
proceedings.
17
(9) In addition to the requirements for open meetings
18
under Section 2.06, public bodies holding open meetings
19
under this subsection (e) must also keep a verbatim record
20
of all their meetings in the form of an audio or video
21
recording. Verbatim records made under this paragraph (9)
22
shall be made available to the public under, and are
23
otherwise subject to, the provisions of Section 2.06.
24
(10) The public body shall bear all costs associated
25
with compliance with this subsection (e).
26
(Source: P.A. 103-311, eff. 7-28-23.)
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