HB 48

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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,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Sections 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
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, a quorum of
13members of a public body must be physically present at the
14location of an open meeting. If, however, an open meeting of a
15public body (i) with statewide jurisdiction, (ii) that is an
16Illinois library system with jurisdiction over a specific
17geographic area of more than 4,500 square miles, (iii) that is
18a municipal transit district with jurisdiction over a specific
19geographic area of more than 4,500 square miles, or (iv) that
20is a local workforce investment area with jurisdiction over a
21specific geographic area of more than 4,500 square miles that
22is a local workforce investment area, tourism board,
23convention center board, or civic center board is held
		HB0048	- 2 -	LRB104 03148 BDA 13169 b
1simultaneously at one of its offices and one or more other
2locations in a public building, which may include other of its
3offices, through an interactive video conference and the
4public body provides public notice and public access as
5required under this Act for all locations, then members
6physically present in those locations all count towards
7determining a quorum. "Public building", as used in this
8Section, means any building or portion thereof owned or leased
9by any public body. The requirement that a quorum be
10physically present at the location of an open meeting shall
11not apply, however, to State advisory boards or bodies that do
12not have authority to make binding recommendations or
13determinations or to take any other substantive action.
14    Except as otherwise provided in this Act, a quorum of
15members of a public body that is not (i) a public body with
16statewide jurisdiction, (ii) an Illinois library system with
17jurisdiction over a specific geographic area of more than
184,500 square miles, (iii) a municipal transit district with
19jurisdiction over a specific geographic area of more than
204,500 square miles, or (iv) a public body a local workforce
21innovation area with jurisdiction over a specific geographic
22area of more than 4,500 square miles that is a local workforce
23investment area, tourism board, convention center board, or
24civic center board must be physically present at the location
25of a closed meeting. Other members who are not physically
26present at a closed meeting of such a public body may
		HB0048	- 3 -	LRB104 03148 BDA 13169 b
1participate in the meeting by means of a video or audio
2conference. For the purposes of this Section, "local workforce
3innovation area" means any local workforce innovation area or
4areas designated by the Governor pursuant to the federal
5Workforce Innovation and Opportunity Act or its reauthorizing
6legislation.
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
10presence.
11    (a) If a quorum of the members of the public body is
12physically present as required by Section 2.01, a majority of
13the public body may allow a member of that body to attend the
14meeting by other means if the member is prevented from
15physically attending because of: (i) personal illness or
16disability; (ii) employment purposes or the business of the
17public body; (iii) a family or other emergency; or (iv)
18unexpected childcare obligations. "Other means" is by video or
19audio conference.
20    (b) If a member wishes to attend a meeting by other means,
21the member must notify the recording secretary or clerk of the
22public body before the meeting unless advance notice is
23impractical.
24    (c) A majority of the public body may allow a member to
25attend a meeting by other means only in accordance with and to
		HB0048	- 4 -	LRB104 03148 BDA 13169 b
1the extent allowed by rules adopted by the public body. The
2rules must conform to the requirements and restrictions of
3this Section, may further limit the extent to which attendance
4by other means is allowed, and may provide for the giving of
5additional notice to the public or further facilitate public
6access to meetings.
7    (d) The limitations of this Section shall not apply to (i)
8closed meetings of (A) public bodies with statewide
9jurisdiction, (B) Illinois library systems with jurisdiction
10over a specific geographic area of more than 4,500 square
11miles, (C) municipal transit districts with jurisdiction over
12a specific geographic area of more than 4,500 square miles, or
13(D) public bodies local workforce innovation areas with
14jurisdiction over a specific geographic area of more than
154,500 square miles that are a local workforce investment area,
16tourism board, convention center board, or civic center board
17or (ii) open or closed meetings of State advisory boards or
18bodies that do not have authority to make binding
19recommendations or determinations or to take any other
20substantive action. State advisory boards or bodies, public
21bodies with statewide jurisdiction, Illinois library systems
22with jurisdiction over a specific geographic area of more than
234,500 square miles, municipal transit districts with
24jurisdiction over a specific geographic area of more than
254,500 square miles, and local workforce investment areas with
26jurisdiction over a specific geographic area of more than
		HB0048	- 5 -	LRB104 03148 BDA 13169 b
14,500 square miles, however, may permit members to attend
2meetings by other means only in accordance with and to the
3extent allowed by specific procedural rules adopted by the
4body. For the purposes of this Section, "local workforce
5innovation area" means any local workforce innovation area or
6areas designated by the Governor pursuant to the federal
7Workforce Innovation and Opportunity Act or its reauthorizing
8legislation.
9    (e) Subject to the requirements of Section 2.06 but
10notwithstanding any other provision of law, an open or closed
11meeting subject to this Act may be conducted by audio or video
12conference, without the physical presence of a quorum of the
13members, 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	- 6 -	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	- 7 -	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.)