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Legislative Report June 13, 2024
Prepared by: Arabed Hernandez
Bill Information
OPEN MEETINGS-CHILDCARE
(REP. DANIEL DIDECH)

Amends the Open Meetings Act. Provides that if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of, among other circumstances, childcare obligations.

  CURRENT STATUS

3/27/2023 - Rule 19(a) / Re-referred to Rules Committee

OPEN MTGS-AUDIO AND VIDEO MTGS
(REP. JANET YANG ROHR)

Amends the Open Meetings Act. Modifies the conditions by which an open or closed meeting may be conducted by audio or video conference without the physical presence of a quorum of the members. Provides that a meeting may be held without the physical presence of a quorum of the members if, among other requirements, the chief elected or appointed official of the public body determines that an in-person meeting would pose a risk to the health or safety of members of the public body or the public and that conducting a meeting by an audio or video conference is in the best interests of the public body or the public and public notice of that meeting states the reason or reasons for such determination. Provides that such a determination by the chief elected or appointed official of the public body shall be required for any subsidiary body of the public body to conduct an open or closed meeting by audio or video conference. Specifies further requirements concerning notice and public comment. Makes conforming and other changes. Effective immediately.

  CURRENT STATUS

1/10/2024 - Added Co-Sponsor Rep. Diane Blair-Sherlock

FOIA-RECORDS OF ATTORNEY GEN
(REP. DANIEL DIDECH)

Amends the Freedom of Information Act. Deletes language providing that, to the extent that records or documents produced by a public body contain information that is claimed to be exempt from disclosure, the Public Access Counselor shall not further disclose that information. Provides instead that records or documents obtained by the Public Access Counselor from a public body for the purpose of addressing a request for review may not be disclosed to the public, including the requester, by the Public Access Counselor. Provides that such records, while in the possession of the Public Access Counselor, are exempt under the Act from disclosure by the Public Access Counselor.

  CURRENT STATUS

3/27/2023 - Rule 19(a) / Re-referred to Rules Committee

OPEN MEETINGS-SCHOOL EVENTS
(REP. DAGMARA AVELAR; SEN. MEG LOUGHRAN CAPPEL)

Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider evidence or testimony presented to a school board regarding denial of admission to school events or property, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning. Effective immediately.

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts provisions of the introduced bill. Further amends the Open Meetings Act. Provides that if a quorum of the members of the public body is physically present, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of, among other circumstances, childcare obligations. Effective immediately.

House Floor Amendment No. 2 - Provides that a member of a public body can attend an open meeting by other means if the member is prevented from physically attending because of unexpected childcare obligations.

  CURRENT STATUS

7/28/2023 - Effective Date July 28, 2023

FOIA-DEADLINES, LICENSE PLATES
(REP. TERRA COSTA HOWARD)

Amends the Freedom of Information Act. Changes the definition of "recurrent requester" to mean a person who, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 40 (instead of 50) requests for records, (ii) a minimum of 10 (instead of 15) requests for records within a 30-day period, or (iii) a minimum of 5 (instead of 7) requests for records within a 7-day period. Requires a public body to either comply with or deny a request for public records, or to invoke its right to an extension of the deadline to produce the records, within 15 (instead of 5) business days after its receipt of the request. Extends the deadline to respond to a request made for a commercial purpose from 21 to 30 days. Exempts from disclosure records related to the location or operation of an automated license plate recognition system and records containing data generated or stored by those systems.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

MHDD CD-CLEAR/PRESENT DANGER
(REP. DANIEL DIDECH)

Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately.

  CURRENT STATUS

2/17/2023 - Referred to House Rules

FOIA-REQUEST FORMS
(REP. STEPHANIE KIFOWIT)

Amends the Freedom of Information Act. Provides that a public body may require (rather than may not require) that a request be submitted on a standard form or require the requester to specify the purpose for a request. Provides that a person making a request may not make a request for any other individual, but may make a request for an organization if the person discloses the organization for whom the request is being made.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

FREEDOM OF INFORMATION-VARIOUS
(REP. JUSTIN SLAUGHTER)

Amends the Freedom of Information Act. Specifies that, as used in the Act, "commercial purpose" includes the use of public records (or information contained in public records) for solicitation of individuals to join an organization. Authorizes a public body to extend the time for responding to a request for a public record by 7 business days (rather than 5 business days) in specified circumstances. Provides that, in the case of a request for a commercial purpose, a public body shall (rather than may) require the person to pay the estimated copy fee in full before copying the requested documents. Changes the way that a public body may respond to requests by recurrent requesters. Provides that, in the case of a voluminous request, a requester shall pay the entire fee before releasing the requested public record. Allows a public body after the first 2 hours (rather than the first 8 hours) to charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. Removes a limitation on the imposition of this $10 per hour fee. Exempts from disclosure under the Act communications that do not pertain to the transaction of public business that are sent to or received by an individual's personal electronic device, such as text messages, voice messages, and emails.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

OPEN MTG-EMERGENCY DEFINED
(REP. DANIEL DIDECH)

Amends the Open Meetings Act. Defines the terms "bona fide emergency" and "exigent circumstances". Provides that, if a quorum of the members of a public body is physically present at a meeting, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of, among other things, exigent circumstances concerning a family member (rather than because of, among other things, a family or other emergency).

  CURRENT STATUS

4/5/2024 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee

REMOTE MEETINGS-SEVERE WEATHER
(REP. DANIEL DIDECH)

Amends the Open Meetings Act. Provides that an open or closed meeting subject to the Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, if the National Weather Service has determined that all or part of the jurisdiction of the public body is located within an area that is subject to a severe weather alert on the day of the meeting. Makes conforming changes.

  CURRENT STATUS

2/7/2024 - Referred to House Rules

OPEN MEETING/SCH CD-LSC
(REP. THERESA MAH)

Amends the Open Meetings Act. Provides if a public body is a local school council organized under the Chicago School District Article of the School Code, then subject to certain requirements, an open or closed meeting subject to the Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as specified conditions are met. Amends the School Code. Provides that at the organizational meeting, the local school council shall take a vote to determine if meetings shall be held in-person or remotely; however, a declaration by the Governor or Director of Public Health limiting the size of or prohibiting an in-person meeting shall supersede a local school council's vote to meet in-person.

  CURRENT STATUS

2/9/2024 - Referred to House Rules

OPEN MEETINGS ACT-EXCEPTIONS
(REP. ANN WILLIAMS)

Amends the Open Meetings Act. Provides that for a 3-member public body, "meeting" does not include a gathering of 2 members of the public body, except when gathered for a regularly scheduled meeting, or otherwise gathered to adopt any motion, resolution, or ordinance. Provides that for a 3-member body, 2 members of the body constitute a quorum and the affirmative vote of 2 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise provided. Allows a Police District Council to conduct a closed meeting if discussion of an issue of public safety concerns: (i) the privacy of individuals involved; (ii) law enforcement or official misconduct investigations involving specific individuals; or (iii) other topics that if discussed in an open meeting would pose an unreasonable risk to an ongoing criminal investigation, or an unreasonable risk to the safety of the general public. Allows a public body that has a website which is maintained by full-time staff of the public body to post public notice for a special meeting solely by posting notice on its website. Adds a provision allowing Police District Councils, created pursuant to the Municipal Code of Chicago, to hold meetings (other than the required regularly scheduled monthly meetings) by audio or video conference, without the physical presence of the members, subject to specified conditions.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

OPEN MTGS-AUDIO AND VIDEO MTGS
(SEN. CRISTINA CASTRO)

Amends the Open Meetings Act. Modifies the conditions by which an open or closed meeting may be conducted by audio or video conference without the physical presence of a quorum of the members. Provides that a meeting may be held without the physical presence of a quorum of the members if, among other requirements, the chief elected or appointed official of the public body determines that an in-person meeting would pose a risk to the health or safety of members of the public body or the public and that conducting a meeting by an audio or video conference is in the best interests of the public body or the public and public notice of that meeting states the reason or reasons for such determination. Provides that such a determination by the chief elected or appointed official of the public body shall be required for any subsidiary body of the public body to conduct an open or closed meeting by audio or video conference. Specifies further requirements concerning notice and public comment. Makes conforming and other changes. Effective immediately.

  CURRENT STATUS

4/18/2024 - Added as Chief Co-Sponsor Sen. Suzy Glowiak Hilton

FOIA-PRELIMINARY DRAFT-STUDY
(SEN. ROBERT MARTWICK)

Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study.

  CURRENT STATUS

5/25/2024 - Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024

OMA-REMOTE MEETINGS
(SEN. CHRISTOPHER BELT)

Amends the Open Meetings Act. Allows meetings to be held by audio or video conference if the head of the public body determines that an in-person meeting or a meeting is not in the best interests of the public body or its members. Makes conforming changes. Modifies the requirements for meetings held by audio or video conference. Allows news outlets to receive notice of all special, emergency, rescheduled, or reconvened meetings by email. Removes provisions concerning meetings held on a legal holiday and certain quorum requirements.

  CURRENT STATUS

3/31/2023 - Rule 3-9(a) / Re-referred to Assignments

OPEN MTG DURING EMERGENCY
(SEN. JULIE MORRISON)

Amends the Open Meetings Act. Provides that an open or closed meeting may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following additional requirements are met: (1) the public body makes available a dedicated meeting space where those individuals who do not have access to the Internet may participate in the meeting; (2) the public body ensures that a means of remote participation other than audio-only communication is made available to those individuals who are interested in participating in the meeting; (3) the public body ensures that all cameras used for remote participation are operating properly; and (4) the public body maintains a written record of those individuals who participated in the meeting and a description of whether those individuals participated in person or by remote means. Makes technical and other changes.

  CURRENT STATUS

3/31/2023 - Rule 3-9(a) / Re-referred to Assignments

OPEN MEETINGS-PUBLIC OFFICIALS
(SEN. LAURA MURPHY)

Amends the Open Meetings Act. Provides that, under rules established and recorded by the public body, any person shall be permitted an opportunity to address public officials individually or to address the public body as a whole (now, under the rules established and recorded by the public body, a person must be permitted an opportunity to address public officials). Provides that the right to address individual public officials may not be restricted by the rules of the public body. Defines "public official".

  CURRENT STATUS

3/31/2023 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

FOIA OFFICERS
(SEN. CRAIG WILCOX)

Amends the Freedom of Information Act. Provides that each public body shall designate one or more public body officials or employees (rather than officials or employees) to act as its Freedom of Information officer or officers. Provides that "public body officials" means elected or appointed office holders of the public body but does not include private attorneys or law firms appointed to represent the public body.

  CURRENT STATUS

2/9/2023 - Referred to Senate Assignments

FOIA-LIST OF PUBLIC DOCUMENTS
(SEN. DONALD DEWITTE)

Amends the Freedom of Information Act. Provides that a public body shall include in its list of records available under the Act the identification and a plain-text description of each of the types or categories of information of each field of each database of the public body. Provides that the public body shall provide a sufficient description of the structures of all databases under the control of the public body to allow a requester to request the public body to perform specific database queries.

  CURRENT STATUS

3/21/2023 - Added as Co-Sponsor Sen. Dale Fowler

OPEN MEETINGS-SCHOOL EVENTS
(SEN. MEG LOUGHRAN CAPPEL)

Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider evidence or testimony presented to a school board regarding denial of admission to school events or property, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

  CURRENT STATUS

3/31/2023 - Rule 3-9(a) / Re-referred to Assignments

FOIA-ADMIN OR TECHNICAL INFO
(SEN. BILL CUNNINGHAM)

Amends the Freedom of Information Act. Provides that administrative or technical information associated with automated data operations shall be exempt from inspection and copying, but only to the extent that disclosure would jeopardize the security of the system or its data or the security of materials exempt under the Act.

  CURRENT STATUS

5/25/2024 - Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024

OMA-SERVICE MEMBER ATTENDANCE
(SEN. MIKE PORFIRIO; REP. JEHAN GORDON-BOOTH)

House Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Open Meetings Act. Makes a technical change in a Section concerning the short title.

  CURRENT STATUS

5/31/2024 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee

FOIA-LIST OF PUBLIC DOCUMENTS
(SEN. DONALD DEWITTE)

Amends the Freedom of Information Act. Provides that a public body shall include in its list of records available under the Act the identification and a plain-text description of each of the types or categories of information of each field of each database of the public body. Provides that the public body shall provide a sufficient description of the structures of all databases under the control of the public body to allow a requester to request the public body to perform specific database queries.

  CURRENT STATUS

5/25/2024 - Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024

FOIA-PUBLIC BODY OFFICIALS
(SEN. CRAIG WILCOX)

Amends the Freedom of Information Act. Defines "public body official" as an elected or appointed officeholder of a public body. Provides that "public body official" does not include a private attorney or law firm appointed to represent the public body. Provides that a public body's Freedom of Information officer must be a public body official or employee of the public body.

  CURRENT STATUS

2/2/2024 - Referred to Senate Assignments

FOIA OFFICERS
(SEN. CRAIG WILCOX)

Amends the Freedom of Information Act. Provides that each public body shall designate one or more public body officials or employees (rather than officials or employees) to act as its Freedom of Information officer or officers. Provides that "public body officials" means elected or appointed office holders of the public body but does not include private attorneys or law firms appointed to represent the public body.

  CURRENT STATUS

2/2/2024 - Referred to Senate Assignments

OMA-MINUTES OF CLOSED MEETING
(SEN. RAM VILLIVALAM)

Amends the Open Meetings Act. Provides that a public body may hold a closed session to consider the minutes (instead of discussion of minutes) of meetings lawfully closed under the Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes, and, notwithstanding the requirement of the Act that no final action may be taken at a closed meeting, the final approval of minutes in closed session. In provisions concerning the semi-annual review of minutes of a closed session, provides that the public body may may approve any closed session minutes taken since the last meeting to fully satisfy the requirement to approve closed session minutes at a public meeting.

  CURRENT STATUS

5/25/2024 - Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024