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| 1 | | National Guard of any state, the District of Columbia, a |
| 2 | | commonwealth, or a territory of the United States. |
| 3 | | (b) If a member wishes to attend a meeting by other means, |
| 4 | | the member must notify the recording secretary or clerk of the |
| 5 | | public body before the meeting unless advance notice is |
| 6 | | impractical. |
| 7 | | (c) A majority of the public body may allow a member to |
| 8 | | attend a meeting by other means only in accordance with and to |
| 9 | | the extent allowed by rules adopted by the public body. The |
| 10 | | rules must conform to the requirements and restrictions of |
| 11 | | this Section, may further limit the extent to which attendance |
| 12 | | by other means is allowed, and may provide for the giving of |
| 13 | | additional notice to the public or further facilitate public |
| 14 | | access to meetings. |
| 15 | | (d) The limitations of this Section shall not apply to (i) |
| 16 | | closed meetings of (A) public bodies with statewide |
| 17 | | jurisdiction, (B) Illinois library systems with jurisdiction |
| 18 | | over a specific geographic area of more than 4,500 square |
| 19 | | miles, (C) municipal transit districts with jurisdiction over |
| 20 | | a specific geographic area of more than 4,500 square miles, or |
| 21 | | (D) local workforce innovation areas with jurisdiction over a |
| 22 | | specific geographic area of more than 4,500 square miles or |
| 23 | | (ii) open or closed meetings of State advisory boards or |
| 24 | | bodies that do not have authority to make binding |
| 25 | | recommendations or determinations or to take any other |
| 26 | | substantive action. State advisory boards or bodies, public |
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| | SB0243 Engrossed | - 3 - | LRB104 07181 BDA 17218 b |
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| 1 | | bodies with statewide jurisdiction, Illinois library systems |
| 2 | | with jurisdiction over a specific geographic area of more than |
| 3 | | 4,500 square miles, municipal transit districts with |
| 4 | | jurisdiction over a specific geographic area of more than |
| 5 | | 4,500 square miles, and local workforce investment areas with |
| 6 | | jurisdiction over a specific geographic area of more than |
| 7 | | 4,500 square miles, however, may permit members to attend |
| 8 | | meetings by other means only in accordance with and to the |
| 9 | | extent allowed by specific procedural rules adopted by the |
| 10 | | body. For the purposes of this Section, "local workforce |
| 11 | | innovation area" means any local workforce innovation area or |
| 12 | | areas designated by the Governor pursuant to the federal |
| 13 | | Workforce Innovation and Opportunity Act or its reauthorizing |
| 14 | | legislation. |
| 15 | | (e) Subject to the requirements of Section 2.06 but |
| 16 | | notwithstanding any other provision of law, an open or closed |
| 17 | | meeting subject to this Act may be conducted by audio or video |
| 18 | | conference, without the physical presence of a quorum of the |
| 19 | | members, so long as the following conditions are met: |
| 20 | | (1) the Governor or the Director of the Illinois |
| 21 | | Department of Public Health has issued a disaster |
| 22 | | declaration related to public health concerns because of a |
| 23 | | disaster as defined in Section 4 of the Illinois Emergency |
| 24 | | Management Agency Act, and all or part of the jurisdiction |
| 25 | | of the public body is covered by the disaster area; |
| 26 | | (2) the head of the public body as defined in |
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| | SB0243 Engrossed | - 4 - | LRB104 07181 BDA 17218 b |
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| 1 | | subsection (e) of Section 2 of the Freedom of Information |
| 2 | | Act determines that an in-person meeting or a meeting |
| 3 | | conducted under this Act is not practical or prudent |
| 4 | | because of a disaster; |
| 5 | | (3) all members of the body participating in the |
| 6 | | meeting, wherever their physical location, shall be |
| 7 | | verified and can hear one another and can hear all |
| 8 | | discussion and testimony; |
| 9 | | (4) for open meetings, members of the public present |
| 10 | | at the regular meeting location of the body can hear all |
| 11 | | discussion and testimony and all votes of the members of |
| 12 | | the body, unless attendance at the regular meeting |
| 13 | | location is not feasible due to the disaster, including |
| 14 | | the issued disaster declaration, in which case the public |
| 15 | | body must make alternative arrangements and provide notice |
| 16 | | pursuant to this Section of such alternative arrangements |
| 17 | | in a manner to allow any interested member of the public |
| 18 | | access to contemporaneously hear all discussion, |
| 19 | | testimony, and roll call votes, such as by offering a |
| 20 | | telephone number or a web-based link; |
| 21 | | (5) at least one member of the body, chief legal |
| 22 | | counsel, or chief administrative officer is physically |
| 23 | | present at the regular meeting location, unless unfeasible |
| 24 | | due to the disaster, including the issued disaster |
| 25 | | declaration; and |
| 26 | | (6) all votes are conducted by roll call, so each |
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| 1 | | member's vote on each issue can be identified and |
| 2 | | recorded. |
| 3 | | (7) Except in the event of a bona fide emergency, 48 |
| 4 | | hours' notice shall be given of a meeting to be held |
| 5 | | pursuant to this Section. Notice shall be given to all |
| 6 | | members of the public body, shall be posted on the website |
| 7 | | of the public body, and shall also be provided to any news |
| 8 | | media who has requested notice of meetings pursuant to |
| 9 | | subsection (a) of Section 2.02 of this Act. If the public |
| 10 | | body declares a bona fide emergency: |
| 11 | | (A) Notice shall be given pursuant to subsection |
| 12 | | (a) of Section 2.02 of this Act, and the presiding |
| 13 | | officer shall state the nature of the emergency at the |
| 14 | | beginning of the meeting. |
| 15 | | (B) The public body must comply with the verbatim |
| 16 | | recording requirements set forth in Section 2.06 of |
| 17 | | this Act. |
| 18 | | (8) Each member of the body participating in a meeting |
| 19 | | by audio or video conference for a meeting held pursuant |
| 20 | | to this Section is considered present at the meeting for |
| 21 | | purposes of determining a quorum and participating in all |
| 22 | | proceedings. |
| 23 | | (9) In addition to the requirements for open meetings |
| 24 | | under Section 2.06, public bodies holding open meetings |
| 25 | | under this subsection (e) must also keep a verbatim record |
| 26 | | of all their meetings in the form of an audio or video |
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| 1 | | recording. Verbatim records made under this paragraph (9) |
| 2 | | shall be made available to the public under, and are |
| 3 | | otherwise subject to, the provisions of Section 2.06. |
| 4 | | (10) The public body shall bear all costs associated |
| 5 | | with compliance with this subsection (e). |
| 6 | | (Source: P.A. 103-311, eff. 7-28-23.)
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| 7 | | Section 99. Effective date. This Act takes effect upon |
| 8 | | becoming law. |