093_SB0699enr
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1 AN ACT concerning electronic transmissions.
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, 2.02, 2.05, and 2.06 and by adding Section 7
6 as follows:
7 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
8 Sec. 1.02. For the purposes of this Act:
9 "Meeting" means any gathering of a majority of a quorum
10 of the members of a public body held for the purpose of
11 discussing public business, whether present physically within
12 the territorial limits of the public body, by teleconference,
13 video conference, or by other electronic means that enables
14 identifiable voices or other transmissions to be received
15 from any location and enables concurrent actual ability to
16 communicate with the member who is not physically present
17 within the territorial limits of the public body.
18 "Public body" includes all legislative, executive,
19 administrative or advisory bodies of the State, counties,
20 townships, cities, villages, incorporated towns, school
21 districts and all other municipal corporations, boards,
22 bureaus, committees or commissions of this State, and any
23 subsidiary bodies of any of the foregoing including but not
24 limited to committees and subcommittees which are supported
25 in whole or in part by tax revenue, or which expend tax
26 revenue, except the General Assembly and committees or
27 commissions thereof. "Public body" includes tourism boards
28 and convention or civic center boards located in counties
29 that are contiguous to the Mississippi River with populations
30 of more than 250,000 but less than 300,000. "Public body"
31 includes the Health Facilities Planning Board. "Public body"
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1 does not include a child death review team or the Illinois
2 Child Death Review Teams Executive Council established under
3 the Child Death Review Team Act or an ethics commission,
4 ethics officer, or ultimate jurisdictional authority acting
5 under the State Gift Ban Act as provided by Section 80 of
6 that Act.
7 (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)
8 (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
9 Sec. 2.02. Public notice of all meetings, whether open
10 or closed to the public, shall be given as follows:
11 (a) Every public body shall give public notice of the
12 schedule of regular meetings at the beginning of each
13 calendar or fiscal year and shall state the regular dates,
14 times, and places of such meetings. For meetings at which
15 one or more members are present by teleconference, video
16 conference, or other electronic means, all locations at which
17 the public may participate in the meeting must be disclosed
18 in the agenda. An agenda for each regular meeting shall be
19 posted at the principal office of the public body and at the
20 location where the meeting is to be held at least 48 hours in
21 advance of the holding of the meeting. The requirement of a
22 regular meeting agenda shall not preclude the consideration
23 of items not specifically set forth in the agenda. Public
24 notice of any special meeting except a meeting held in the
25 event of a bona fide emergency, or of any rescheduled regular
26 meeting, or of any reconvened meeting, shall be given at
27 least 48 hours before such meeting, which notice shall also
28 include the agenda for the special, rescheduled, or
29 reconvened meeting, but the validity of any action taken by
30 the public body which is germane to a subject on the agenda
31 shall not be affected by other errors or omissions in the
32 agenda. The requirement of public notice of reconvened
33 meetings does not apply to any case where the meeting was
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1 open to the public and (1) it is to be reconvened within 24
2 hours, or (2) an announcement of the time and place of the
3 reconvened meeting was made at the original meeting and there
4 is no change in the agenda. Notice of an emergency meeting
5 shall be given as soon as practicable, but in any event prior
6 to the holding of such meeting, to any news medium which has
7 filed an annual request for notice under subsection (b) of
8 this Section.
9 (b) Public notice shall be given by posting a copy of
10 the notice at the principal office of the body holding the
11 meeting or, if no such office exists, at the building in
12 which the meeting is to be held. The body shall supply copies
13 of the notice of its regular meetings, and of the notice of
14 any special, emergency, rescheduled or reconvened meeting, to
15 any news medium that has filed an annual request for such
16 notice. Any such news medium shall also be given the same
17 notice of all special, emergency, rescheduled or reconvened
18 meetings in the same manner as is given to members of the
19 body provided such news medium has given the public body an
20 address or telephone number within the territorial
21 jurisdiction of the public body at which such notice may be
22 given.
23 (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
24 (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
25 Sec. 2.05. Recording meetings.
26 (a) Subject to the provisions of Section 8-701 of the
27 Code of Civil Procedure "An Act in relation to the rights of
28 witnesses at proceedings conducted by a court, commission,
29 administrative agency or other tribunal in this State which
30 are televised or broadcast or at which motion pictures are
31 taken", approved July 14, 1953, as amended, any person may
32 record the proceedings at meetings required to be open by
33 this Act by tape, film or other means. The authority holding
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1 the meeting shall prescribe reasonable rules to govern the
2 right to make such recordings.
3 If a witness at any meeting required to be open by this
4 Act which is conducted by a commission, administrative agency
5 or other tribunal, refuses to testify on the grounds that he
6 may not be compelled to testify if any portion of his
7 testimony is to be broadcast or televised or if motion
8 pictures are to be taken of him while he is testifying, the
9 authority holding the meeting shall prohibit such recording
10 during the testimony of the witness. Nothing in this Section
11 shall be construed to extend the right to refuse to testify
12 at any meeting not subject to the provisions of Section 8-701
13 of the Code of Civil Procedure "An Act in relation to the
14 rights of witnesses at proceedings conducted by a court,
15 commission, administrative agency or other tribunal in this
16 State which are televised or broadcast or at which motion
17 pictures are taken", approved July 14, 1953, as amended.
18 (b) In any contested case, as defined by the Illinois
19 Administrative Procedure Act, no live testimony may be
20 offered except upon the physical presence of the person
21 testifying unless all parties to the contested case waive the
22 requirement of physical presence. Affidavits, depositions,
23 or other recorded evidence are otherwise admissible as
24 provided by law.
25 (Source: P.A. 82-378.)
26 (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
27 Sec. 2.06. (a) All public bodies shall keep written
28 minutes of all their meetings, whether open or closed. Such
29 minutes shall include, but need not be limited to:
30 (1) the date, time and place of the meeting;
31 (2) the members of the public body recorded as
32 either present or absent and whether the members were
33 physically present or present by electronic means; and
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1 (3) a summary of discussion on all matters
2 proposed, deliberated, or decided, and a record of any
3 votes taken.
4 (b) The minutes of meetings open to the public shall be
5 available for public inspection within 7 days of the approval
6 of such minutes by the public body. Minutes of meetings
7 closed to the public shall be available only after the public
8 body determines that it is no longer necessary to protect the
9 public interest or the privacy of an individual by keeping
10 them confidential.
11 (c) Each public body shall periodically, but no less
12 than semi-annually, meet to review minutes of all closed
13 meetings. At such meetings a determination shall be made,
14 and reported in an open session that (1) the need for
15 confidentiality still exists as to all or part of those
16 minutes or (2) that the minutes or portions thereof no longer
17 require confidential treatment and are available for public
18 inspection.
19 (Source: P.A. 88-621, eff. 1-1-95.)
20 (5 ILCS 120/7 new)
21 Sec. 7. Attendance by electronic means.
22 (a) At any regular, special, emergency, rescheduled, or
23 reconvened meeting held pursuant to the public notice and
24 agenda requirements of this Act, so long as a majority of a
25 quorum of the members of the public body are present at the
26 place designated in the notice of the meeting, a member of a
27 public body may attend the meeting by electronic means if the
28 member is prevented from physically attending because of: (i)
29 personal illness or disability; (ii) absence from the
30 territorial limits of the public body for personal reasons,
31 for employment purposes, or for the business of the public
32 body; or (iii) a family or other emergency. Unless a member
33 presents a document from his or her physician attesting to
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1 the member's inability to physically attend a meeting or
2 meetings, a member may not attend by electronic means more
3 than half of the regularly scheduled meetings of that public
4 body held in a calendar year.
5 (b) If a member wishes to attend a meeting by electronic
6 means, the member shall notify the recording secretary or
7 clerk of the public body at least 48 hours before the meeting
8 unless impracticable. The public body shall determine if the
9 notice requirement is impracticable on a case-by-case basis.
10 (c) A member shall be considered present for purposes of
11 determining a quorum and voting if the member is present by
12 electronic means; provided, however, that if the public body
13 is (i) voting on an ordinance or a resolution authorizing,
14 approving, or providing for the issuance of bonds (as that
15 term is defined in the Local Government Debt Reform Act) or
16 (ii) conducting any hearing required by law, then any member
17 attending the meeting by electronic means shall be considered
18 absent for purposes of determining a quorum and voting.
19 (d) If one or more members are present at a meeting by
20 electronic means, the public body shall issue a written
21 notice at the meeting stating the following: (i) the names of
22 the members present by electronic means; (ii) the electronic
23 means that the member will use to attend the meeting; and
24 (iii) the location of the monitor or speakerphone receiving
25 communications from the member present by electronic means.
26 (e) If one or more members of the public body attend a
27 meeting by electronic means, then all votes of the body shall
28 be by roll call.
29 (f) If a member is present by electronic means, then the
30 member must identify himself or herself by name and be
31 recognized by the presiding officer before communicating.
32 (g) Any voice, electronic, or other transmission by
33 electronic means made during the meeting by a member who is
34 attending a public meeting by electronic means shall be made
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1 available to the public concurrent with the transmission
2 except for those meetings subject to the exceptions in
3 subsection (c) of Section 2 of this Act.
4 (h) A public body may promulgate any rules, not
5 inconsistent with this Act, concerning attendance at meetings
6 by electronic means and may prescribe more stringent
7 requirements, which shall be binding upon the public body,
8 that would give further notice to the public and facilitate
9 public access to meetings.