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Full Text of HB3032
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HB3032 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3032
Introduced 2/6/2025, by Rep. Janet Yang Rohr
SYNOPSIS AS INTRODUCED:
5 ILCS 120/1.02
from Ch. 102, par. 41.02
5 ILCS 120/7
Amends the Open Meetings Act. Provides that an advisory body may
conduct an open or closed meeting by audio or video conference without the
physical presence of a quorum of its members if certain conditions are met.
Defines "advisory body" and "decision-making body". Makes technical
changes.
LRB104 05558 BDA 15588 b
A BILL FOR
HB3032
LRB104 05558 BDA 15588 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
Sections 1.02 and 7 as follows:
6
(5 ILCS 120/1.02)
(from Ch. 102, par. 41.02)
7
Sec. 1.02.
For the purposes of this Act:
8
"Advisory body" includes any public body that supports and
9
advises a decision-making body on the implementation of
10
policies but does not make decisions to implement legislation
11
or policy over any part of the State.
12
"Decision-making body" includes any public body that makes
13
decisions to implement legislation or policy over any part of
14
this State.
15
"Meeting" means any gathering, whether in person or by
16
video or audio conference, telephone call, electronic means
17
(such as, without limitation, electronic mail, electronic
18
chat, and instant messaging), or other means of
19
contemporaneous interactive communication, of a majority of a
20
quorum of the members of a public body held for the purpose of
21
discussing public business or, for a 5-member public body, a
22
quorum of the members of a public body held for the purpose of
23
discussing public business.
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Accordingly, for a 5-member public body, 3 members of the
2
body constitute a quorum and the affirmative vote of 3 members
3
is necessary to adopt any motion, resolution, or ordinance,
4
unless a greater number is otherwise required.
5
"Public body" includes all legislative, executive,
6
administrative or advisory bodies of the State, counties,
7
townships, cities, villages, incorporated towns, school
8
districts and all other municipal corporations, boards,
9
bureaus, committees or commissions of this State, and any
10
subsidiary bodies of any of the foregoing including but not
11
limited to committees and subcommittees which are supported in
12
whole or in part by tax revenue, or which expend tax revenue,
13
except the General Assembly and committees or commissions
14
thereof. "Public body" includes tourism boards and convention
15
or civic center boards located in counties that are contiguous
16
to the Mississippi River with populations of more than 250,000
17
but less than 300,000. "Public body" includes the Health
18
Facilities and Services Review Board. "Public body" does not
19
include a child death review team or the Illinois Child Death
20
Review Teams Executive Council established under the Child
21
Death Review Team Act, an ethics commission acting under the
22
State Officials and Employees Ethics Act, a regional youth
23
advisory board or the Statewide Youth Advisory Board
24
established under the Department of Children and Family
25
Services Statewide Youth Advisory Board Act, the Illinois
26
Independent Tax Tribunal, or the regional interagency fatality
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1
review teams and the Illinois Fatality Review Team Advisory
2
Council established under the Adult Protective Services Act.
3
(Source: P.A. 103-626, eff. 1-1-25
.)
4
(5 ILCS 120/7)
5
Sec. 7.
Attendance by a means other than physical
6
presence.
7
(a) If a quorum of the members of the public body is
8
physically present as required by Section 2.01, a majority of
9
the public body may allow a member of that body to attend the
10
meeting by other means if the member is prevented from
11
physically attending because of: (i) personal illness or
12
disability; (ii) employment purposes or the business of the
13
public body; (iii) a family or other emergency; or (iv)
14
unexpected childcare obligations. "Other means" is by video or
15
audio conference.
16
(b) If a member wishes to attend a meeting by other means,
17
the member must notify the recording secretary or clerk of the
18
public body before the meeting unless advance notice is
19
impractical.
20
(c) A majority of the public body may allow a member to
21
attend a meeting by other means only in accordance with and to
22
the extent allowed by rules adopted by the public body. The
23
rules must conform to the requirements and restrictions of
24
this Section, may further limit the extent to which attendance
25
by other means is allowed, and may provide for the giving of
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1
additional notice to the public or further facilitate public
2
access to meetings.
3
(d) The limitations of this Section shall not apply to (i)
4
closed meetings of (A) public bodies with statewide
5
jurisdiction, (B) Illinois library systems with jurisdiction
6
over a specific geographic area of more than 4,500 square
7
miles, (C) municipal transit districts with jurisdiction over
8
a specific geographic area of more than 4,500 square miles, or
9
(D) local workforce innovation areas with jurisdiction over a
10
specific geographic area of more than 4,500 square miles or
11
(ii) open or closed meetings of State advisory boards or
12
bodies that do not have authority to make binding
13
recommendations or determinations or to take any other
14
substantive action. State advisory boards or bodies, public
15
bodies with statewide jurisdiction, Illinois library systems
16
with jurisdiction over a specific geographic area of more than
17
4,500 square miles, municipal transit districts with
18
jurisdiction over a specific geographic area of more than
19
4,500 square miles, and local workforce investment areas with
20
jurisdiction over a specific geographic area of more than
21
4,500 square miles, however, may permit members to attend
22
meetings by other means only in accordance with and to the
23
extent allowed by specific procedural rules adopted by the
24
body. For the purposes of this Section, "local workforce
25
innovation area" means any local workforce innovation area or
26
areas designated by the Governor pursuant to the federal
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1
Workforce Innovation and Opportunity Act or its reauthorizing
2
legislation.
3
(e) Subject to the requirements of Section 2.06 but
4
notwithstanding any other provision of law, an open or closed
5
meeting subject to this Act may be conducted by audio or video
6
conference, without the physical presence of a quorum of the
7
members, so long as the following conditions are met:
8
(1) the Governor or the Director of the Illinois
9
Department of Public Health has issued a disaster
10
declaration related to public health concerns because of a
11
disaster as defined in Section 4 of the Illinois Emergency
12
Management Agency Act, and all or part of the jurisdiction
13
of the public body is covered by the disaster area;
14
(2) the head of the public body as defined in
15
subsection (e) of Section 2 of the Freedom of Information
16
Act determines that an in-person meeting or a meeting
17
conducted under this Act is not practical or prudent
18
because of a disaster;
19
(3) all members of the body participating in the
20
meeting, wherever their physical location, shall be
21
verified and can hear one another and can hear all
22
discussion and testimony;
23
(4) for open meetings, members of the public present
24
at the regular meeting location of the body can hear all
25
discussion and testimony and all votes of the members of
26
the body, unless attendance at the regular meeting
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1
location is not feasible due to the disaster, including
2
the issued disaster declaration, in which
case
the public
3
body must make alternative arrangements and provide notice
4
pursuant to this Section of such alternative arrangements
5
in a manner to allow any interested member of the public
6
access to contemporaneously hear all discussion,
7
testimony, and roll call votes, such as by offering a
8
telephone number or a web-based link;
9
(5) at least one member of the body, chief legal
10
counsel, or chief administrative officer is physically
11
present at the regular meeting location, unless unfeasible
12
due to the disaster, including the issued disaster
13
declaration;
and
14
(6) all votes are conducted by roll call,
and
so
each
15
member's vote on each issue can be identified and
16
recorded
;
.
17
(7)
except
Except
in the event of a bona fide
18
emergency, 48 hours' notice shall be given of a meeting to
19
be held pursuant to this Section
;
.
notice
Notice
shall be
20
given to all members of the public body, shall be posted on
21
the website of the public body, and shall also be provided
22
to any news media who has requested notice of meetings
23
pursuant to subsection (a) of Section 2.02 of this Act
;
.
24
if
If
the public body declares a bona fide emergency:
25
(A)
notice
Notice
shall be given pursuant to
26
subsection (a) of Section 2.02 of this Act, and the
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1
presiding officer shall state the nature of the
2
emergency at the beginning of the meeting
; and
.
3
(B)
the
The
public body must comply with the
4
verbatim recording requirements set forth in Section
5
2.06 of this Act
;
.
6
(8)
each
Each
member of the body participating in a
7
meeting by audio or video conference for a meeting held
8
pursuant to this Section is considered present at the
9
meeting for purposes of determining a quorum and
10
participating in all proceedings
;
.
11
(9)
in
In
addition to the requirements for open
12
meetings under Section 2.06, public bodies holding open
13
meetings under this subsection (e) must also keep a
14
verbatim record of all their meetings in the form of an
15
audio or video recording
;
.
verbatim
Verbatim
records made
16
under this paragraph (9) shall be made available to the
17
public under, and are otherwise subject to, the provisions
18
of Section 2.06
; and
.
19
(10)
the
The
public body shall bear all costs
20
associated with compliance with this subsection (e).
21
(f) Subject to the requirements of Section 2.06 but
22
notwithstanding any other provision of law, an open or closed
23
meeting subject to this Act of an advisory body may be
24
conducted by audio or video conference, without the physical
25
presence of a quorum of the members, so long as the following
26
conditions are met:
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1
(1) the members of the advisory body decide in a
2
majority vote to conduct the meeting by audio or video
3
conference in accordance with and to the extent allowed by
4
rules adopted by the advisory body;
5
(2) the advisory body provides for the giving of
6
additional notice to the public or further facilitates
7
public access to meetings;
8
(3) all members of the advisory body participating in
9
the meeting, wherever their physical location, shall be
10
verified and can hear one another and can hear all
11
discussion and testimony;
12
(4) for open meetings, members of the public present
13
at the regular meeting location of the advisory body can
14
hear all discussion and testimony and all votes of the
15
members of the body, unless attendance at the regular
16
meeting location is not feasible, in which case the public
17
body must make alternative arrangements and provide notice
18
pursuant to this Section of the alternative arrangements
19
in a manner to allow any interested member of the public
20
access to contemporaneously hear all discussion,
21
testimony, and roll call votes, such as by offering a
22
telephone number or a web-based link;
23
(5) at least one member of the advisory body, chief
24
legal counsel, or chief administrative officer is
25
physically present at the regular meeting location, unless
26
unfeasible;
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LRB104 05558 BDA 15588 b
1
(6) all votes are conducted by roll call, and each
2
member's vote on each issue can be identified and
3
recorded;
4
(7) 48 hours' notice shall be given of a meeting to be
5
held pursuant to this Section; notice shall be given to
6
all members of the public body, shall be posted on the
7
website of the public body, and shall also be provided to
8
any news media who has requested notice of meetings
9
pursuant to subsection (a) of Section 2.02 of this Act;
10
the public body must comply with the verbatim recording
11
requirements set forth in Section 2.06 of this Act;
12
(8) each member of the advisory body participating in
13
a meeting by audio or video conference for a meeting held
14
pursuant to this Section is considered present at the
15
meeting for purposes of determining a quorum and
16
participating in all proceedings;
17
(9) in addition to the requirements for open meetings
18
under Section 2.06, advisory bodies holding open meetings
19
under this subsection (f) must also keep a verbatim record
20
of all of 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; and
24
(10) the advisory body shall bear all costs associated
25
with compliance with this subsection (f).
26
(Source: P.A. 103-311, eff. 7-28-23.)
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